fair rent assessment

flora65

I would like advice on 2 related items if possible please.

I am with a housing association and pay £400 per month for rent (£9.40 of which is maintenance charges for gardening etc), but the rent has been increasing by £7 per week (£28 per mont) for the last 3 years and we now pay as much as private rented accommodation in our area. Also 2 other housing associations in our area charge £300 and £310 per month. I do not know if I am being overcharged for rent, or how to query this (I have written and asked them to clarify how rent is used but no reply).
When I went to the CAB they said I could do nothing about it, but I had read that housing associations can charge up to 80% of private rental costs and they have a limit of rent increases too (rent increase was more than 3.5% I read about)

My questions are -
a)how else can I query my rent levels (I have read about the fair rent assessment board and wondered if I could use that)
b)sensible steps to get answers from them about our rent levels without getting too stroppy because we now have rent arrears because the rent is too much (we are getting all benefits allowed to us btw)

Please keep in mind I am extremely worried about being evicted if we rock the boat, but know that we are paying arrears slowly, but that we are covered by the fact we are paying them.

Any help would be appreciated, :A

kloana

flora65 wrote: »

I would like advice on 2 related items if possible please.

I am with a housing association and pay £400 per month for rent (£9.40 of which is maintenance charges for gardening etc), but the rent has been increasing by £7 per week (£28 per mont) for the last 3 years and we now pay as much as private rented accommodation in our area. Also 2 other housing associations in our area charge £300 and £310 per month. I do not know if I am being overcharged for rent, or how to query this (I have written and asked them to clarify how rent is used but no reply).
When I went to the CAB they said I could do nothing about it, but I had read that housing associations can charge up to 80% of private rental costs and they have a limit of rent increases too (rent increase was more than 3.5% I read about)

My questions are -
a)how else can I query my rent levels (I have read about the fair rent assessment board and wondered if I could use that)
b)sensible steps to get answers from them about our rent levels without getting too stroppy because we now have rent arrears because the rent is too much (we are getting all benefits allowed to us btw)

Please keep in mind I am extremely worried about being evicted if we rock the boat, but know that we are paying arrears slowly, but that we are covered by the fact we are paying them.

Any help would be appreciated, :A

My HA rent has increased by around £6pw per week, per year, for the duration of the whole decade I've lived here. It's actually almost doubled in 10 years, from £45 and some pence per week, to £79 per week. My HA is also more expensive than another local HA, for near-identical properties. However, when these rises occur, I always receive a lengthly pamphlet, detailing the exact legalities of their decision. Does your HA send out similar material, that you can look at? It would be highly unusual for a HA to increase rent, but not stick to the various rules and regulations that govern the amount they can charge.

Querying how the HA have reached their rental level decision should have no effect upon your ability to retain your tenancy, even if in arrears, provided that you stick to your ongoing agreement to repay arrears.

EDIT: Also, if your rent appears too high, have you also taken into account rent-free weeks, if any? It's common for HAs to not calculate and collect rent for 4-5 weeks of the year, often falling on bank holiday weeks. Being in arrears, and being a monthly payer, you wouldn't feel the effects of rent-free weeks, yet they need to be taken into account when calculating the real cost of your rent.

Fire_Fox

Why are you worried about being evicted? The whole point of social housing is it is secure/ long term providing you are a good tenant and stick to your side of the bargain, not simply that it is cheap. Also remember that housing associations and councils tend to be proactive about repairs and maintenance and often do improvements to the properties (see 'better homes'), many private landlords only adhere to basic standards. Not too many private landlords would be so understanding about arrears.

Reread your tenancy agreement carefully and ensure you are not breaching any of the clauses and certainly pay off the arrears before you draw attention to yourself. In the unlikely event you are victimised get your MP and ward councillors on the case.

ETA: have you considered setting up a tenants and residents association?

propertyman

Its not a fair rent.

A fair rent is one controlled under the Rent Act 1977, which yours as being let after 1989 is controlled by the Housing Act 1988, as amended.

Now HA rests are set currently under the Rent restructuring process and are in the process of being changed. As they are set under a government and Local assessment, at below market level, they are very hard to appeal except the underlying assessment

This is a good place to start. http://england.shelter.org.uk/__data/assets/pdf_file/0019/23383/Advice_booklet_Housing_assoc.pdf

For your other question changes in LHA do mean that in some cases the rent level is greater than benefits receivable.

This will ultimately lead to eviction for rent arrears or a hard decision to find another home but in the meantime advice on your circumstances benefits and how to go about moving if say you are under occupying the home can be found with the local authorities website on benefits advice the CAB.

Also contact the rent arrears section of the HA and explain that you are having difficulty and they have to provide you with advice sources and support.

Local GPs in inner city areas often have links with or their own housing related clinics that might assist.

flora65

Thanks very much for your advice - will reread tenancy just in case and be thankful I have a roof over my head . thanks :A