Shared Accommadation Rate Query

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  • #38621
    cdoherty1980
    Participant

    On a training course yesterday a landlord advised me that he has three shares in a private rented property. I believe they are all joint tenants. The landlord has argued that as joint tenants they have shared use of all of the rooms so exclusive use of none which means that they are entitled to up to the one bed self contained rate of LHA and not the SAR. They have won their arguement to HB and HB are paying £87 per week for each tenant. Has anyone come across this situation?

    In my mind regardless of them having a joint AST they are still sharing so should only getb the SAR but I can also understand the lanldord’s arguement that they do not have exclusive use so therefore should get the one bed rate.

    #109000
    Andreas
    Participant

    If there is no exclusive use (or seperate bathroom/toilet and kitchen or cooking facilities for each of them) they should only get the shared rate… unless they are exempted in some way (e.g. qualify for a severe disability premium or care leavers under 22).

    Maybe you meant the landlord is arguing they do have exclusive use?

    As an aside, what kind of training course did you go on that included landlords :O

    #109003
    cdoherty1980
    Participant

    It was a course that Shelter were delivering for landlords only. (prob didn’t make that clear) about LHA and the changes. The aim is to incentivise them to take LHA claimants which I’m sure you can imagine is difficult considering the changes! One lanldord raised some questions that made me doubt myself which is why I’m checking some details and will get back to them. Good job I have as myself and colleagues thought that the LHA rate they would move onto would be the one at the end of TP (other query of mine yesterday on here) which you have advised was incorrect.

    My understanding of the set up in the property is that the tenants have their own bedroom but share the kitchen, bathroom and living room so in practice they only have exclusive use of their own bedroom. I think the lanldord is argueing that as they have a joint AST they are jointly and severally liable and all have access to all of the rooms including each others bedrooms.

    #109005
    Andreas
    Participant

    Okay that makes more sense (not sure what you were doing a course for landlords only???).

    I would go with the shared rate and let an appeal go to Tribunal.

    If the landlord’s argument is correct it would mean no-one who shared would get the shared rate which is clearly crazy.

    #109006
    cdoherty1980
    Participant

    That’s made me laugh! I agree with the crazy comment!

    I’ve emailed the landlord to confirm the details and what correspondance has been had with HB so I’ll post that on here when received.

    #109302
    RobBox
    Participant

    If the three tenants can show that they form a household, CH107/10 seems to suggest that they could all get the 3 bed rate of LHA……….now that is crazy J)

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