Eligible rent?


F

Fred

I am in privately rented accommodation which is naturally more expensive
that Council property. What are the rules for the local authority
calculating the eligible rent since they are a lot lower than I am presently
paying? How do they arrive at this figure?
 
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K

Kamina

Fred said:
I am in privately rented accommodation which is naturally more expensive
that Council property. What are the rules for the local authority
calculating the eligible rent since they are a lot lower than I am presently
paying? How do they arrive at this figure?

They don't, the Rent Officer assesses what is the eligible rent that can be
used when assessing Housing Benefit. It is completely seperate organisation.
Below is a link which might answer any further queries you have.

http://www.therentservice.gov.uk/
 
T

Troll

Fred said:
I am in privately rented accommodation which is naturally more expensive
that Council property. What are the rules for the local authority
calculating the eligible rent since they are a lot lower than I am presently
paying? How do they arrive at this figure?
The Rent Officer Service (or whatever exactly it's called this week)
decide what rent your claim will be based on. It'll be less than you're
actually paying if:
a) You're paying more than the market rent for that actual property;
b) You're paying more than average for places of that size in that area
(eg it's a particularly nice one so your landlord's charging extra);
c) It's just really expensive;
d) It's bigger than needed for your household (details on request);
e) Maybe some others I've forgotten.

The Rent Officer is a government agency. You can appeal against their
decision but it's usually pointless. It's possible they had the wrong
information: ask the Council why your rent's being restricted and make
sure the details of the charges and rooms etc are correct.

If you have to move, get a PTD (pre-tenancy determination) before you
sign the contract - that'll tell you how much the Council can pay. The
Council will give you a form for this.
 
A

anthonyberet

Fred said:
I am in privately rented accommodation which is naturally more
expensive that Council property. What are the rules for the local
authority calculating the eligible rent since they are a lot lower
than I am presently paying? How do they arrive at this figure?
As the other replies have said, this is set by the rent officer service.
They way it is calculated is a bit arcane, and I have posted a bit of
regulation below if you care to read through it.
However, you should know that you might be able to get a thing called
Discretionary Housing Payment -contact your HB dept about this.
-If you are under 25, or living in a room in a shared house, these bits of
reg wont apply so post back..

http://www.hbinfo.org/menu2/ro/si1997_1984.htm#rohbfsch1ptI

The Rent Officers (Housing Benefit Functions) Order 1997 [SI 1997/1984]
(England and Wales)
4. -

(1) The rent officer shall make a determination of a local reference rent in
accordance with the formula -

R = H + L /2

where -

R is the local reference rent;

H is the highest rent, in the rent officer's opinion, -

(a) which a landlord might reasonably have been expected to obtain, at the
relevant time, for an assured tenancy of a dwelling which meets the criteria
in sub-paragraph (2); and

(b) which is not an exceptionally high rent; and

L is the lowest rent, in the rent officer's opinion, -

(a) which a landlord might reasonably have been expected to obtain, at the
relevant time, for an assured tenancy of a dwelling which meets the criteria
in sub-paragraph (2); and

(b) which is not an exceptionally low rent; and

(2) The criteria are -

(a) that the dwelling under the assured tenancy -

(i) is in the same locality as the dwelling;

(ii) is in a reasonable state of repair; and

(iii) has the same number of bedrooms and rooms suitable for living in as
the dwelling (or, in a case where the dwelling exceeds the size criteria for
the occupiers, accords with the size criteria); and

(b) if the tenant does not have the use under the tenancy of the dwelling at
the relevant time of more than one bedroom or room suitable for living in -

(i) that under the assured tenancy the tenant does not have the use of more
than one bedroom or room suitable for living in;

(ii) if the rent under the tenancy at the relevant time includes payments
for board and attendance and the rent officer considers the amount fairly
attributable to board and attendance is a substantial part of the rent, that
a substantial part of the rent under the assured tenancy is fairly
attributable to board and attendance;

(iii) if sub-paragraph (ii) does not apply and the tenant shares a kitchen,
toilet, bathroom and room suitable for living in with a person other than a
member of his household, a non- dependant or a person who pays rent to the
tenant, that the assured tenancy provides for the tenant to share a kitchen,
toilet, bathroom and room suitable for living in; and

(iv) if sub-paragraphs (ii) and (iii) do not apply, that the circumstances
described in sub- paragraphs (ii) and (iii) do not apply in relation to the
assured tenancy.

(3) Where ascertaining H and L under sub-paragraph (1), the rent officer:

(a) shall assume that no one who would have been entitled to housing benefit
had sought or is seeking the tenancy; and

(b) shall exclude the amount of any rent which, in the rent officer's
opinion, is fairly attributable to the provision of services which are
ineligible to be met by housing benefit;
 
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F

Fred

anthonyberet said:
Fred said:
I am in privately rented accommodation which is naturally more
expensive that Council property. What are the rules for the local
authority calculating the eligible rent since they are a lot lower
than I am presently paying? How do they arrive at this figure?
As the other replies have said, this is set by the rent officer service.
They way it is calculated is a bit arcane, and I have posted a bit of
regulation below if you care to read through it.
However, you should know that you might be able to get a thing called
Discretionary Housing Payment -contact your HB dept about this.
-If you are under 25, or living in a room in a shared house, these bits of
reg wont apply so post back..

http://www.hbinfo.org/menu2/ro/si1997_1984.htm#rohbfsch1ptI

The Rent Officers (Housing Benefit Functions) Order 1997 [SI 1997/1984]
(England and Wales)
4. -

(1) The rent officer shall make a determination of a local reference rent in
accordance with the formula -

R = H + L /2

where -

R is the local reference rent;

H is the highest rent, in the rent officer's opinion, -

(a) which a landlord might reasonably have been expected to obtain, at the
relevant time, for an assured tenancy of a dwelling which meets the criteria
in sub-paragraph (2); and

(b) which is not an exceptionally high rent; and

L is the lowest rent, in the rent officer's opinion, -

(a) which a landlord might reasonably have been expected to obtain, at the
relevant time, for an assured tenancy of a dwelling which meets the criteria
in sub-paragraph (2); and

(b) which is not an exceptionally low rent; and

(2) The criteria are -

(a) that the dwelling under the assured tenancy -

(i) is in the same locality as the dwelling;

(ii) is in a reasonable state of repair; and

(iii) has the same number of bedrooms and rooms suitable for living in as
the dwelling (or, in a case where the dwelling exceeds the size criteria for
the occupiers, accords with the size criteria); and

(b) if the tenant does not have the use under the tenancy of the dwelling at
the relevant time of more than one bedroom or room suitable for living in -

(i) that under the assured tenancy the tenant does not have the use of more
than one bedroom or room suitable for living in;

(ii) if the rent under the tenancy at the relevant time includes payments
for board and attendance and the rent officer considers the amount fairly
attributable to board and attendance is a substantial part of the rent, that
a substantial part of the rent under the assured tenancy is fairly
attributable to board and attendance;

(iii) if sub-paragraph (ii) does not apply and the tenant shares a kitchen,
toilet, bathroom and room suitable for living in with a person other than a
member of his household, a non- dependant or a person who pays rent to the
tenant, that the assured tenancy provides for the tenant to share a kitchen,
toilet, bathroom and room suitable for living in; and

(iv) if sub-paragraphs (ii) and (iii) do not apply, that the circumstances
described in sub- paragraphs (ii) and (iii) do not apply in relation to the
assured tenancy.

(3) Where ascertaining H and L under sub-paragraph (1), the rent officer:

(a) shall assume that no one who would have been entitled to housing benefit
had sought or is seeking the tenancy; and

(b) shall exclude the amount of any rent which, in the rent officer's
opinion, is fairly attributable to the provision of services which are
ineligible to be met by housing benefit;
Many thanks to all the contributors. Nothing is ever simple and have some
bed-time reading to do!
 

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