Rent's gone up and Housing Benefit will not cover it

Fidjibaby

I have rented and lived in the same property for 20 years now and there has never been a rent increase. It's a two bedroom terraced house in South London which I share with my grandson. I am in receipt of the maximum PIP awards and because of this the rent has always been paid in full.  Unfortunately my lovely landlady passed away and the new landlord increased the rent at the end of last year, the previous rent was hundreds of pounds lower than the local reference rent for my area. I emailed his letter of rent increase to the Local Authority's Housing Benefit department and they assured me that they would deal with it. The next day I got an email telling me that they could not refer the new rent to the Valuation Office for another year as they had just carried out their annual referral and that I and the landlord would have to wait until the end of this year before they would do this. The date of the annual referral was exactly the same date as the letter from the landlord which came as a surprise. The landlord and myself had no idea that there was annual referral to the rent office as neither of us have been informed in the 20 years I've lived here. Are they not supposed to let people know of these things? Also it transpires that this annual date has fluctuated over the years. I find it difficult to comprehend that the first ever rent increase has resulted in a point blank refusal. Yes I know I can apply for DHP but even that is not guaranteed to cover the whole cost of the increase. Is this the usual tactic by the local authorities?

HillStreetBlues

Have you checked you LHA?
https://lha-direct.voa.gov.uk/

poppy12345

As you live with your grandson you will be entitled to the 2 bedroom rate of LHA. This is the maximum that housing benefit will cover. It's not unusual for LHA rates not to cover the whole rent when privately renting. I think you've been very lucky not to have a rent increase for 20 years. Check the rates for your area in the link above.

You can apply for a discretionary housing payment DHP but it's not guaranteed and if it is it's only paid for a short period of time before you have to reapply. https://www.gov.uk/government/publications/claiming-discretionary-housing-payments/claiming-discretionary-housing-payments

Fidjibaby

I'm not in receipt of UC and therefore the LHA has never applied. The council have not considered this as the rent has never been increased.  If I ask to be switched over from ESA to UC in order to claim LHA, I would lose the transitionary protection offered by DWP had they enforced the same.

Fidjibaby

There is a DHP application in progress.  However, the Council say even that is not guaranteed at the moment. Nothing is guaranteed. 

HillStreetBlues

You are on housing benefit  but the LHA  will tell you the max entitlement   of your housing benefit.

LHA isn't a benefit in itself, but used to calculate housing benefit  or the housing element of UC.

Lifematters

LHA was introduced in April 2008. If OP has been in property for 20 years and claiming HB continuously throughout then LHA rules do not apply. 

calcotti

Lifematters said:

LHA was introduced in April 2008. If OP has been in property for 20 years and claiming HB continuously throughout then LHA rules do not apply. 

Didn’t know that.

marcia_

 I know someone who lived in their home for more than 20 years claiming Hb the whole time and the LHA applied after her rent was increased. She had to pay towards her extra bedrooms. 

 It only stopped when she claimed her pension. 

Fidjibaby

The council refuse to allow me the LHA. I have a choice of DHP or nothing, saying that they will not refer the new rent to the valuation office until Nov 2023

calcotti

Fidjibaby said:

If I ask to be switched over from ESA to UC in order to claim LHA, I would lose the transitionary protection offered by DWP had they enforced the same.

As an aside - unless you get a Severe Disability Premium in your ESa you are likely to be better off on UC. You can use a benefits calculator to check. If you do get an SDP then you will be worse off on UC.

As advised LHA isn't something you claim - it's just a figure used to calculator HB for private rentals (in most cases) or the housing element of UC.