Referring unreasonably expensive RSL rent

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    Julian Hobson

    Help please – do we still have a provision to refer RSL cases where too large or expensive and if so where is it in the regs ? Can’t see for looking and thanks in advance.


    It’s still where it always was: by default, all non-LHA rent allowance cases are referred to the Rent Officer under Reg 14(1). Reg 14(1) was amended when LHA came in basically by sticking a bit on the end of each subparagraph that says “not when it’s an LHA case” or words to that effect. Otherwise, it’s still the same as it’s always been.

    So you must refer the case to the RO unless it is an excluded tenancy – Reg 14(2)(b) and Schedule 2, and a registered HA tenancy is excluded except when you think the rent is too high etc. See also the definition of “registered HA” in Reg 2, which in England now covers all registered providers of social housing.

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