Housing Benefit - Annual Rent Referral

[Chalkitup]

Hello All,
I have been on housing benefit since 2006 but every year my landlord raises my rent in April. Each time I inform the council benefit office they say the next rent referral by the Rent Service can not be until December as under the Housing Benefit Regulations a rent can only be referred to the Rent Service 52 weeks after the last referral.
This happened last year, I informed them of increase in April 2007 and finally got the extra increase in Jan 2008 BUT only back dated until Nov 2007. Last month my landlord increased the rent for this year and the benefits office are saying they can not do anything until Dec 2008?? Hence I have to pay the extra rent for 8 months each year and I am on very low earnings indeed.
What can I do ... help please.


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Chalkitup

[surprise]

My dauther is a HB Assessor and she wants to know

is your tenancy agreement re-newable in april in line with the rent increase?

Unfortunately I have to go out now so what be able to get back to you until late this pm once you have answered the above question. She will then continue to advise you.

[Chalkitup]

Originally Posted by surprise

My dauther is a HB Assessor and she wants to know

is your tenancy agreement re-newable in april in line with the rent increase?

Unfortunately I have to go out now so what be able to get back to you until late this pm once you have answered the above question. She will then continue to advise you.

Hello surprise,
Thanks for your help .............. My tenancy agreement started in April 2000 and is shorthold and for a term of one year ...... Every year the rent obviously rises with inflation in April ............ so I guess the answer to your question will be Yes.

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Chalkitup

[surprise]

Will get back to you later.

[surprise]

Important question - does your tenancy agreement actually state that there will be annual rises?

[Chalkitup]

Originally Posted by surprise

Important question - does your tenancy agreement actually state that there will be annual rises?

Hello surprise,
I am so sorry for delay ........ I have just logged on this thread to update and found your last post ..... I did not receive an email advising me that you had posted it.

All my agreement says regarding Rent is .... "RENT £XXX.XX per calender month *(subject nevertheless as hereinafter provided)

My update is:- Local council say that if they refer my latest increase to the Rent Service before Dec 2008 it will be returned and marked not allowed until Dec 2008 as less than 52 weeks since last review. But the Local Council staff agree with my points that it is unfair etc but they say their hands are tied!

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Chalkitup

[surprise]

You can apply to the Local Authority - for a Discretionary Hardship Payment (DHP)-
for the difference between your rent and the rent officer decision i.e your rent is 500.00 per month Rent officer stated 400.00 the amount you are applying for 100.00 per month - when you write to the local Authority requesting a DHP (some authorities have DHP forms so call them first) - you must given them a break down of all your income and outgoings - include any loans - debts -and why you are applying!!!

if you get turned down the 1st time - appeal against the decision - as Local Authorities have this pot of money which is very limited - can't believe the authority have not advised you of this as DHP as been around a few years

Good luck

[Chalkitup]

Hello surprise,
Thanks for your reply, the council lady mentioned this DHP thingy yesterday and is sending a form to me. By checking against your excellent posts it seems she is doing all she can to help, which is very reasuring.
I suggested the council do not refer my latest rent increase to the Rent Service until April 2009 and then I will always be up to date with the latest rent increase each year. She actually agreed and advised me to put the request in writing.
It seems there is nothing else I can do.
Thank you and your daughter for the excellent quick replies which have helped me over this matter.

Onwards and Upwards

Chalkitup

[surprise]

Your welcome. One other thing you could try if it doesn't work out with the change of review is to ask your Landlord to give you an extended lease with the December increase and explain to him the problems it is causing with HB with his increases being in April.

Good luck.

[Chalkitup]

Thanks surprise, I will try that idea if the review date change fails.

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Chalkitup

[Chalkitup]

Hello surprise,

Update ...... Council agreed to do the annual review with The Rent Service every April from now on.


Thank you so much for your advice.


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Chalkitup

[Chalkitup]

Hello again surprise,

This is ridiculous..........

As you know I have tried to sort this rent thingy out in a sensible and as far as I was concerned adult way.

But today I receice a letter from the council saying:-

I must advise you that we are obliged under Housing Benefit Regulations to refer your rent to the Rent Service once every 52 weeks for a decision on the eligible amount of rent to be used in your Housing Benefit assessment.
We are due to refer your rent to the Rent Service again on XX December 2008 and I am unable to delay this until April 2008 (I am sure they mean 2009) when your rent is due to increase again.
I trust this clarifies the situation....blah blah...blah......

So in other words they are saying ... I can never ever get up to date and receive my correct payment ...... I will always be underpaid for eight months of the year!!!! (I do not want to claim the DHP as I was told it will not cover the full difference between current rent paid and benefit received plus it is a temp payment.) Also how silly will it be to claim that when it makes sense to just change the Rent Service referal date to April each year.

***********
UPDATE .... I have spoken to council and "verbally" they say nothing to stop me arranging with Landlord to increase rent every November then that can be referred each December to Rent Service.
Why, oh why did they not tell me that before .... it would have saved a lot of time and effort.
I am putting it in writing to them and asking for written confirmation it will be acceptable.
***********

Thankyou in advance for any help.


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Chalkitup