Would you consider renting this?

silvercar

Is this a contract between the contract and the landlord or you and the landlord? If it is between you and the landlord surely it is for you to decide when to sign? If it is you and the landlord and the rules on LHA change, you can be sure the council will step back and tell you its your problem.

If you are the one deciding on whether you can afford the top-up, why are the council involving themselves in a private rental agreement?

EastMidsGal

It is between me and the landlord but the council have to approve it as they are the ones paying the LHA. So until the council approve it I can not sign anything

real1314

"If you are already claiming Housing Benefit, the changes are likely to affect the amount of money you get towards your rent. If you are already claiming Housing Benefit, you may have more time before these changes apply to you.

If your circumstances don’t change, you will continue to get the same rate of Local Housing Allowance as you get now. This will continue for nine months after your local authority next assess your Housing Benefit, after 1 April. The information here will help you work out how the changes will affect you, or you can contact your local authority."

From Direct.gov here:- http://www.direct.gov.uk/en/Nl1/Newsroom/DG_192415

That suggests to me that if you renew now at the same rate, the rate of HB will not be affected for 9 months until after April 1st, so a 6 (or even 9 month) tenancy will see you ok.

So renew at current rate, then ask LL for a reduced rate if necessary. The only problem is that if you have told the LA that she will accept a lower rate, then she might have to stick with that as otherwise you may fall foul of the contrived tenancy rules.

EastMidsGal

It's not a renewal, I have to move out of where I am living now on or by the 4th April as my landlord needs to sell the house. So i am looking for somewhere new to move to, I've found somewhere but until the new rates are published the council can't approve the new tenancy and I can't move forward.

silvercar

EastMidsGal wrote: »

It's not a renewal, I have to move out of where I am living now on or by the 4th April as my landlord needs to sell the house. So i am looking for somewhere new to move to, I've found somewhere but until the new rates are published the council can't approve the new tenancy and I can't move forward.

I still don't see why the council have to approve the new tenancy. You claim LHA and they pay it to you to enable you to pay your rent. These are two distinct parts. They pay you according to the rules and your entitlement, so if you are entitled to a 3 bed property then they will pay you the LHA for a 3 bed property according to the rates in force when you take the tenancy. The only limitation is they won't pay more than your actual rent and they won't pay more than the max LHA for your entitlement for your area. You securing a tenancy is separate, if you secure a tenancy with a top-up that is down to you and won't affect your LHA entitlement.

So I don't understand why the council need to approve the tenancy, other than you wanting to know you can afford the top-up, the tenancy should be your business.

EastMidsGal

I don't know either sivercar, but they are saying they can't proceed till the new rates are published

silvercar

EastMidsGal wrote: »

I don't know either sivercar, but they are saying they can't proceed till the new rates are published

Proceed with your claim for LHA? or proceed with the deposit bond?

It would be really annoying if the landlord found a different tenant just because you didn't sign just because the council said they couldn't proceed when really it is your tenancy contract not the councils.

I would push the council on whether there is a reason you can't sign the tenancy.

EastMidsGal

My claim for LHA has been accepted but won't know how much I will be given till the new rates are published, the council are supplying the bond, so I can't even go ahead with that

It would be incredibly annoying! I have the local councillor helping but as she found out the rates are set by central government not the local council which doesn't help. She's emailed the local MP and is awaiting a reply.

N79

MegaMiniMouse wrote: »

It would be possible to sign a contract now, with the commencement of the tenancy post-dated to mid-April - this would not be a 'fiddle' - it is entirely reasonable for both you and the landlady to agree terms, and sign a contract, in advance of the commencement of the tenancy so that both of you can begin to make any necessary arrangements (ie, you can start to plan your move, and the landlady can begin to organise any work which may be required etc etc)

MMM

It may not be a fiddle but this is a risky approach for the LL. This is because if the current Ts change their minds and refuse to vacate the property the LL will have to apply to the courts for possession (and will have to serve notice before they can do this). During this T the LL will therefore have 2 tenancy agreements for the same property and will end up in breach of the second contract. For larger LL's this is not necessarily a problem as they may have suitable alternative accommodation to offer but smaller LL's would end up with an obligation to house 2 sets of Ts.

Obviously this is rare but it can happen and for this reason many LL's refuse to sign the tenancy agreement until move in day (or at least not before they have vacant possession).