How much LHA will I get (Studio or Flat)

NoNoDrama

I live in self-contained studio. The studio has a bed/sitting room a separate bathroom and kitchen it's a duplex flat the facilities are all mine and not shared. It's one of these top floor Victorian conversions.

However there is no council tax to pay the rent is 385 pounds all included - water, elec etc.

Will they class this as shared (LHA rate 285) or a 1 bed flat (395 LHA rate) obviously I don't want a big shortfall, and my tenancy agreement says it includes all the bills including council tax.

How do they define this?

Thanks.

silvercar

I thought LHA was based on entitlement, not where you live. So if you are over 25 you should get the one bed rate. I would have though facilities count more than tax.

NoNoDrama

No, it's based on where you live too. Anyone know which rate I will get? I think the l/l does pay c/tax on the property but has just bundled it with the rent.

amiehall

NoNoDrama wrote: »

No, it's based on where you live too. Anyone know which rate I will get? I think the l/l does pay c/tax on the property but has just bundled it with the rent.

This is not strictly true. It is based on the area in which you live and different council's have different rates as clearly what is a reasonable rent varies in different parts of the country.

Your entitlement however, is not variable. Presuming you're single with no dependants, if you're under 25 you get the single room rate, if not you should get the 1 bed flat rate.

Once you have the entitlement, what you pay is taken into account at that stage. If your rent is over the entitlement, you should get the full LHA amount but you'll need to make up the difference yourself somehow.

amiehall

This website should explain how much your LHA will be in your particular circumstances. https://lha-direct.voa.gov.uk/Secure/Default.aspx

Jowo_2

You may get more responses if you post it on the benefit boards as it includes people that work in benefit and local council roles.

foreversomeday

No, it's definitely based on who you are, ie what size of accommodation you are deemed to need.

If the bills are bundled with the rent you will need to declare this on your housing benefit application. If you are entitled to HB though you will probably also be entitled to Council Tax Benefit, which is done through the same channel. I am not sure how it works if the landlord pays the CT - it may be that that is what classes the house as a shared house vs a 1-bed flat.

Either way though it makes no difference, the LHA rate is the maximum you will get even if you decided to go out and find a 3-bed house to live in, you would be entitled to live there but have to make up the difference yourself.

HTH

amiehall

The only thing that could vary with the property chosen is if your rent is much lower than the LHA then you will only be paid rent + £15 each week not the full LHA

NoNoDrama

If you read this it does definitely vary if you live in what they class as shared you only get the shared room rate (I am over 25 btw)

http://docs.google.com/viewer?url=https%3A%2F%2Flha-direct.voa.gov.uk%2FSecure%2Fpdfs%2FTRSHB%28LHA%292OT.pdf

What I'm trying to determine is what they class this property as - foreversomeday I think you maybe right they use the council-tax to determine whether it is shared or self-contained.

So if they determine it's shared, I only get the shared room rate and not the maximum 1 bedroom rate.

julie03

the way i read it is if your flat is self contained ie: you have your own kitchen and bathroom solely for your own use you will get 1 bed rate, the only time you will get shared rate is if you are in shared accomadation with 1 room and shared kitchen and bathroom

Jowo_2

I don't know the answer so I'll just raise an additional query.

I wonder whether there is any emphasis on whether the property is truly self-contained because it is a legally recognised conversion, if it is a discrete property with its own separate address, rather than just carved out out of a single larger property.

As I've said before, I don't know whether this is a factor or not. Certainly, the info I've read just places the focus on whether the amenities are shared or not.

Perhaps the Citizens Advice Bureau or Shelter will know.

EDIT - the following leaflet seems helpful http://www.redcar-cleveland.gov.uk/main.nsf/78239801189B9F48802573CD004BD1C3/$FILE/2OT%2025%20or%20over.pdf

"

If you are 25 or over, single and do not live
with any dependants, your benefit will be
based on the one bedroom Local Housing
Allowance rate if you live in:
• a self-contained property
• shared accommodation but have two or
more rooms (bedrooms or living rooms)
that no-one else can use
If you are 25 or over, single and do not live
with any dependants, your benefit will be
based on the Local Housing Allowance
shared room rate if you live in shared
accommodation unless you two or more
rooms (bedrooms or living rooms) that
no-one else can use.
By a self-contained property we mean one
where you have your own room plus your
own:
• bathroom
• toilet, and

• kitchen (or facilities to cook with)"