Housing Benfit-Rent Officer decision VS Local H Allowance(LHA) Housing Ben' Officer?

gemmaking

The forum member, 'Housing Benefit Officer' would be appreciated to answer this question (aswell as other members). Cheers.


This is basically asking for the procedure to change an existing tenants housing benefit award from the rent officers decision award to the local housing allowance' award.

What is the procedure? Here are some details:


If for years a housing benefit claimant has been getting housing benefit payments from the borough which covers slightly less than the amount of rent they have to pay the landlord,

Eg, if rent is £500 a month, then the housing benefit give £400 a month (leaving the tenant to pay an additional £100 from their pocket)

and this is under the 'Rent Officer decision' (the old scheme), and the tenant has been on this for many years.


Then when checking the Local housing allowance rate, to be higher than £500 (lets say £550 is the LHA rate of that above property)


Then what is the procedure to change this Housing benifit award from the rate, 'rent officer decision/amount (of £400) to the 'Local Housing Allowance' (of £550)

so under the LHA which is £550, then they can give £500 to pay the full rent
(lets assume the other variables and factors will allow entitlement for the £500 rent, under the LHA)

so just mainly asking about the procedure to change the rent officer decision rent, and apply for a LHA application rate (so the housing benefit given matches the rent, and the tenant has to pay no top up out of their own pocket)


What is the procedure?
Close the existing claim, and apply for a new claim?

Write in, to tell the council/borough that they wish to change their rate/process from the Rent officer decision to the LHA?

or would this existing rent officer decision/claim have to be closed, and a new application made for the LHA?

on the application form, would it have to be stated "can you do this application with the local housing allowance, method"

or would they do that automatically?


or they could still consider leaving it at the Rent officer decision rate..? If so, why would they leave it at this rate, (and not change it to the local housing allowance ??


ALSO- the new landlord tenancy is renewed every year! and is up for renewal in a few months.
(the new rent amount on this new tenancy, will be the same as last year), but it will be a fresh contract.

Is it best to wait for this new tenancy contract? and hand new tenancy to the housing benefit office, and do the plan/steps you suggest?

pmlindyloo

In the absence of HBP replying this link may help about a redetermination.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/294066/hbsgm-section7-2013-14.pdf

890 onwards

piggles1

I swapped from rent officer to LHA a while back. The tenant calls their council and first checks it's possible and how to reclaim for the LHA rate. In my case, I had to close my claim, wait 7 days and reapply. Because my reapplication was after the date LHA was introduced, the new claim was under LHA rules.

I lost a week's HB in between claims, but then went on the higher LHA rate which effectively paid for the week's loss over the space of a few months.

I don't think you can get a reassessment under LHA rules unless you close the claim and reclaim. A plain reassessment may go back to the rent officer which would defeat the object.

And yes it might be easier to have a new tenancy agreement ready for the new claim, but I don't think this is necessary, as long as the tenancy agreement is current and states the right figure it goes in with the new application.

ETA, double check the LHA rate is higher before proceeding because you can't go back to the old rate.

45002

gemmaking wrote: »

The forum member, 'Housing Benefit Officer' would be appreciated to answer this question (aswell as other members). Cheers.


This is basically asking for the procedure to change an existing tenants housing benefit award from the rent officers decision award to the local housing allowance' award.

What is the procedure? Here are some details:


If for years a housing benefit claimant has been getting housing benefit payments from the borough which covers slightly less than the amount of rent they have to pay the landlord,

Eg, if rent is £500 a month, then the housing benefit give £400 a month (leaving the tenant to pay an additional £100 from their pocket)

and this is under the 'Rent Officer decision' (the old scheme), and the tenant has been on this for many years.


Then when checking the Local housing allowance rate, to be higher than £500 (lets say £550 is the LHA rate of that above property)


Then what is the procedure to change this Housing benifit award from the rate, 'rent officer decision/amount (of £400) to the 'Local Housing Allowance' (of £550)

so under the LHA which is £550, then they can give £500 to pay the full rent
(lets assume the other variables and factors will allow entitlement for the £500 rent, under the LHA)

so just mainly asking about the procedure to change the rent officer decision rent, and apply for a LHA application rate (so the housing benefit given matches the rent, and the tenant has to pay no top up out of their own pocket)


What is the procedure?
Close the existing claim, and apply for a new claim?

Write in, to tell the council/borough that they wish to change their rate/process from the Rent officer decision to the LHA?

or would this existing rent officer decision/claim have to be closed, and a new application made for the LHA?

on the application form, would it have to be stated "can you do this application with the local housing allowance, method"

or would they do that automatically?


or they could still consider leaving it at the Rent officer decision rate..? If so, why would they leave it at this rate, (and not change it to the local housing allowance ??


ALSO- the new landlord tenancy is renewed every year! and is up for renewal in a few months.
(the new rent amount on this new tenancy, will be the same as last year), but it will be a fresh contract.

Is it best to wait for this new tenancy contract? and hand new tenancy to the housing benefit office, and do the plan/steps you suggest?

Is this about a Tenant who moved into there Home before 15th January 1989 governed by 1977 Rent act "Regulated Tenants" and is a Private landlord.

If Yes

The decision the rent officer makes there decision on state, condition, age of the property, previous fair rents registered.

There decision will also be based on what's called the 1999 capping order

Maximum fair rent capping order 1999
http://www.legislation.gov.uk/uksi/1999/6/contents/made


Rent officer's do not normal base there decision on what's a tenants income is !

Any appeal against the rent office decision has to be submitted with 28 days of the RO decision...

Contact VOA and they will tell you how to appeal a RO decision https://www.gov.uk/check-register-rents

45002

Just to add

The amount of Rent payable is what is "Registered" under the Various Rents act and Not the amount it says on any tenancy agreement .

England and Wales - https://ebusiness.voa.gov.uk/err/SearchRegisterForm.aspx?AspxAutoDetectCookieSupport=1

Scotland - http://www.gov.scot/Topics/Built-Environment/Housing/privaterent/tenants/money/fairrent/eRegister

Northern Ireland - http://rentregister.dsdni.gov.uk/PickerNS.aspx

Most of the on-line registers only go back about 10 years, you would have to phone up to check for those not on line.

Important to note.

That a Rent officer or any appeal to the tribunal, The rent can stay the same, Increased or even Lowered ...