Looking for a new flat in London, would renting from this organisation be covered under LHA?

HillStreetBlues

Newcad said:

HillStreetBlues said:
With that quote you never made it clear you were talking about the real world realities, rather than the actual UC law.

That is the LHA law as it is written

Can you link to that law as I don't think I seen a law with that kind of text (copy of your text below)

Newcad said:

The end result of both methods is that Housing Benefit or UC Housing Element is not paying monies towards utility bills - (with a very few unusual exceptions to that in private rentals where a little bit may end up being paid towards bills, but certainly nowhere near the whole bill).

Newcad

holdorflod said:

Newcad said:

Whilst it is correct that by LHA law a breakdown is not required for a private rental, UC will ALWAYS ask for a breakdown of rent. (And then if its a private rental, that breakdown is discarded and never used).

That one is UC operational policy. (the unreal world of UC). They always ask for one even when it isn't needed.

Would my word suffice or would there need to be something written by the landlord?

I'm mainly just looking at rooms in HMO's with bills included now, so all this info I'm learning here is greatly appreciated thanks.

A letter from the landlord breaking down what the rent includes should be fine. Most landlords know that UC ask for a breakdown.

You only need to have something that UC will accept - and then they'll ignore anyway.
It seems stupid, but that is the way the UC system is set up at the moment.

(It's actually not that stupid when you know why they ask everyone,
many people are not sure if they are renting private or social housing, they are not sure of the distinction particularly if they rent from a Housing Association which could be either private or social.
So asking everybody for a breakdown straight off actually saves time and possible problems later going back to correct things).

Newcad

HillStreetBlues said:

Can you link to that law as I don't think I seen a law with that kind of text (copy of your text below)

The LHA legislation is: https://www.legislation.gov.uk/uksi/2007/2868/regulation/7/made

You won't find any such text in it though.

It's because there is nothing there about bills or service charges that they are irrelevent to LHA.
(If they were relevent then it would say something about them, and how to take them into account for LHA).

Often what legislation doesn't say is just as important as what it does say.

Yamor

Just to add some more detail on the regs:

For UC:
Look at both para. 7 and para. 8 here:
https://www.legislation.gov.uk/uksi/2013/376/schedule/1/part/4
You will see that the limitations on service charges are all set out in para. 8, and only apply to social housing.

For HB (slightly more complicated!):
https://www.legislation.gov.uk/uksi/2006/213/part/3
https://www.legislation.gov.uk/uksi/2006/213/schedule/1
For social housing, the relevant regulation is Reg B13(2)(a), which sends you to Reg 12B(2),which applies the limitations set out in Schedule 1.
For private rentals, it is the definition of "cap rent" in Reg 13D(12),and this includes all service charges with no limitations of Schedule 1 applied.