Referrals to RO for Site Rent for Own/Occ of Mobile home

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  • #23302
    sharonwarner
    Participant

    We have had a query raised by our DA and any advice would be most welcome!

    Historically we have not referred cases where an owner occupier of a mobile home has paid a site rent and have treated them as owner occupiers but paid the HB on the full site / ground rent. We have treated them as Old Style Assured Tenants for those on Northgate.

    DA have now raised a concern that all cases should have been referred to the Rent Service and this is causing some concern as you might imagine!

    Can anyone else advise what they do with regard to mobile homes where the tenanct owns the accomodation but pays rent on the pitch or site that their accomodation is on?

    THanks in advance for your help.
    😳 😳

    #11868
    junderwo
    Participant

    In Lancaster we have always treated such claimants as private tenants, referred the ground rent to the Rent Service & restricted to their valuation.

    #11869
    Anonymous
    Guest

    Agree with junderwo – this is the way such claims have been treated at my previous authorities.

    #11870
    Mark
    Participant

    Sorry Sharon – but these are definitely not excluded tenancies and need to be referred (see The Rent Officer (Housing Benefit Functions) Order 1997 Article 7 and Sch 4).

    In particular, Sch 4 says about mobile homes that “references to a tenancy, a tenancy of a dwelling or an assured tenancy are references to an agreement under which those payments are payable (and references to a landlord and a tenant shall be construed accordingly)”.

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