Restricting LHA Rent

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 15 posts - 1 through 15 (of 15 total)
  • Author
    Posts
  • #39113
    JacquiMcKeating
    Participant

    Have anyone taken an LHA rent restriction to appeal? Did you win/lose?

    #110896
    Kevin D
    Participant

    Jacqui; is this in the context of a restriction BELOW LHA levels, presumably relying on HBR 12B(6)? If so, [b]AA v Chesterfield BC & SoS DWP [2011] UKUT 156 (AAC)[/b] (aka CH/0107/2010) may be of interest (para 40). Judge Wikely suggests (obiter) that HBR 12B(6) may have no legal application to LHA…..!

    #110898
    JacquiMcKeating
    Participant

    Yes – do you have a copy of this decision?

    #110899
    Kevin D
    Participant

    http://www.osscsc.gov.uk/Aspx/view.aspx?id=3254

    {Edited to add} If the arguments get beyond the stage of whether 12B(6) can be applied to LHA, two cases may be of interest in which an earlier incarnation of HBR 12B(6) was at issue:

    R v Macclesfield BC HBRB ex parte Temsamani [1999] EWHC Admin 168 QBD
    http://www.bailii.org/ew/cases/EWHC/Admin/1999/168.html

    R(oao Laali) v Westminster CC HBRB [2000] QBD
    new.hbinfo.org.com/caselaw/laali-v-westminster-housing-benefit-review-board-2000-qbd-co18452000

    #110957
    JacquiMcKeating
    Participant

    Thank you – they were all useful

    #110962
    peterdelamothe
    Keymaster

    Whether this is in jurisdiction is open to doubt as Kevin suggests. But I cannot see why a Tribunal would want to restrict at this stage. All sorts of restrictions have already been put in place to curb many of the excesses. All of the stated aims have been long since abandoned. Poor LHA scheme!

    #110967
    Anonymous
    Guest

    One reason I would consider using 12B(6) is where the rent charged is based on the size of the claimant’s family rather than the size of the property. Eg 2-bed flat being rented at the 4-bed LHA rate because claimant is underaccomodated. But I would also include aspects of reg 9 in my submission if I was taking it to tribunal. I did have an appeal on this issue but the claimant (landlord really) withdrew the appeal.

    #110979
    peterdelamothe
    Keymaster

    [quote=mwigg1]One reason I would consider using 12B(6) is where the rent charged is based on the size of the claimant’s family rather than the size of the property.[/quote]

    LOL – the entire idea of LHA was to pay benefit based on the size of the family!! Old reg 11 based it on the size of the property.

    #110984
    Anonymous
    Guest

    Yep – the policy decision to pay LHA based on household rather than the property occupied unfortunately opened up a whole new avenue for abuse, and the existing anti-abuse provisions (reg 9) might not always have been sufficient to combat that.

    Jacqui – if the landlord is really trying it on, I’d say go for it. Some combination of unlawful rent increase / reg 9 / reg 12B(6) should give a tribunal judge plenty to think about.

    #136082
    pjack
    Participant

    Could you please advise how you got on with this as we have a similiar case that we are thinking of taking to Tribunal

    Regards

    Pauline

    #136105
    peterdelamothe
    Keymaster

    It is accepted now in principle that LHA is not subject to any of the restrictions under the previous schemes. So you can refuse the claim completely under Reg 9…but you have no power to reduce the rent paid in any LHA case in the calculation. That is what both Judge Wikely (above) and Judge Jacobs have said.

    But neither in a full decision…so trying to clarify the law at UT would be good. But be aware that DWP lawyers would probably argue that the Council was exceeding its powers if it got to an Upper Tribunal hearing so you would need good legal advice / representation.

    #141929
    pjack
    Participant

    Can someone help me please:

    I have a family consisting of 5 children, husband and wife who share a property with the landlord. They state that they pay £1400.00 per month and share all facilities with the landlord. Would you pay this claim? if yes, how? Lodgers/LHA/SAR?

    #141939
    lyndah
    Participant

    It depends what is included in the rent, if they pay rent and it includes all services then this is likely to be tenants/lodgers. If they get any board etc then it may need to be referred.

    How many rooms they have for their sole use would indicate what LHA rate you would use it may be they have a few rooms for their sole use.

    #141944
    peterdelamothe
    Keymaster

    Sorry but the number of rooms..why is this relevant? Lha is and always has been based on the family size not the accommodation actually lived in. That was the key idea behind the lha scheme.

    #141945
    peterdelamothe
    Keymaster

    The max 4 bedroom rate and the benefits cap will likely apply here to reduce the amount of hb payable way below the 1400. They could all live in one room if they wanted to and it would not affect the applicable lha rate.

Viewing 15 posts - 1 through 15 (of 15 total)
  • You must be logged in to reply to this topic.