Referral to Rent Officer – exempt accomm- including 52 weeks issue

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    1) If a LA refers an existing (exempt accomm, RSL) HB award to RO on basis of being unreasonably large is this ‘mixing oranges and apples’? In other words if it’s an existing award surely that comes under preserved HB reg 13ZA whereas size-related comes under preserved HB reg 13? Can they mix the two in this way?

    2) What are people’s opinions of the definition of a RO’s ‘determination’ as it applies to excluded tenancies under Schedule 2(3)(c)? The RO Guide suggests it’s still a determination whether it’s lower, higher, or same- but I have read other things including some posts on here suggesting if the RO didn’t make a size -related determination (ie left the rent as it was) then this means there can be another referral within 52 weeks if there has been a rent increase within the terms of the tenancy.

    3)Finally, if you can stay with me, if these ideas fail, can you think of any way for the LA to pay HB based on an increased rent where the increases are April but the last RO referral was 6 months before? Unless the landlord changes the terms of the tenancy agreement to bring the rent increase in line, the poor tenants are stuck forever with 6 months’ shortfall with only a DHP as a last resort….

    Thank you for your help!!

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