Rent increase and Housing Benefit

[London Lady]

Hello all,

 

I have found a couple of posting on here dealing with this but they didn't really answer my questions, I don't mean to repeat, sorry in advance if I do.

 

I am in receipt of JSA and housing/council tax benefits.

 

I live in a shared private rented house, we have a 3-way joint tenancy. Our rent is very reasonable, we have a lovely landlord who we negotiated a reasonable rent increase, to bring our rent up to the current prices being charged for properties in our area, this November (2008) after 3 years of no increase.

 

Our house consists of 3 single people. I am unemployed (having been made redundant in Feb. 08) and claiming JSA/housing benefit. Tenant 2 is unemployed and claiming JSA/housing benefit. Tenant 3 is a full time, post grad student who pays her rent herself.

 

 

After negotiating with our landlord a good rent rise (if that can exist!) that we thought was fair (below the going rate in our area but enough for him to cover his costs etc) we informed the housing benefits team of the change in our rent, assuming (having been given no reason to believe otherwise) that after checking of our new tenancy and that the rent was reasonable, we would have the amount of HB adjusted.

 

We have now been told that the payments of HB will remain the same and given the reason that they can only asses the rent amount once every 52 weeks (as has been stated in other threads).

 

Our old rent was £76 each, per week, this is the amount of HB I get.

Our new rent is £93 each, per week.

£17 difference, per week.

 

 

After calling the HB office and being told that the amount I get paid would not change, and being completely shocked to hear this, I was told that I would either :

- have to make up the difference myself.

- ask my landlord nicely to not put the rent up.

- move house.

 

How on earth can this be right?!

 

Obviously the only option is to make up the difference myself. Why on earth should my private landlord subsidise my rent? How could I afford to move with no money for deposits/moving van etc etc, not forgetting this is my home and after the dark student years of moving about I'm now stable in a house I've lived in happily for 3 years. Not to mention the fact that my rent, even with the increase, is Cheaper than any place I could move to, I know because I looked!

 

 

Is this honestly the case? Because as it stands I will be making up the rent from my £60 per week JSA, leaving me with £43 to live on.

 

Why cant they change the amount?

 

It makes no sense and all I keep getting told is this "52 week" business and no one is able to explain.

 

My rent is well below the LHA amount for my situation.

 

To a sensible person, and everyone I have told this to, the situation seems ridiculous. Even more so that my co-tenant, who's HB claim went through a few months after mine, will have to wait even longer for her reassessment!

 

 

So in summary my questions are :

 

- Is this just the way it is/do I trust what I'm being told?

- Why on earth is this seen as reasonable by the benefits office?

- What can I do to push them on this matter?

- What would happen if I closed my claim and started it up again to get LHA?

- Should I really be expected to move to solve this problem?

- Why do they get to say "referred to rent officer""make a decision on the market rent" etc etc when in the beginning I just told them the amount I paid, proved it and that was that? No one made a decision, it's just the amount I pay!

- Has anyone any experience of taking these things further? I'm so astonished by it all I'm looking into contacting my local councillors and MP.

- Would a 'discretionary housing payment' claim solve this? I have a feeling it wouldn't as this would need to be an ongoing supplement, but have been sent a form?

 

 

Sorry for such a long post, I thought it was useful to give the relevant info.

 

I would be really grateful to hear from anyone who is expert or works for the housing benefit people, or anyone who has been in this situation and managed to sort it out.

 

It's so frustrating as a person who does everything I am supposed to, looking for work, providing documentary evidence of earnings etc etc, to be struggling with ridiculous bureaucracy and staff that don't seem to be able to help/understand their processes.

 

Thank you!

 

 

Ps. Any idea why the council cant figure out how to charge council tax to joint tenants?! We get letters nearly every day with a new bill even when none of us are supposed to pay!! (2 with council tax benefit, 1 full time student) after a long protracted process to sort out a previous mess the last time we had a change of house mate. URRRRGH!

[surprise]

I can answer one part of your problem. The LA review the rents once a year, your landlord needs to bring the rent rise into line with your review. The LA are right they cannot move the review date. You can apply for a one off payment. Personally, I would contact your local Welfare Officer, usually these are very good and helpful and they will advise you on what benefits are available to you.

[Zamzara]

You could ask for discretionary housing payments from the council, if you them how to apply for them and explain all the circumstances in the application you have quite a good case to be eligible.

[London Lady]

Thank you, I'm going to try to talk to as many officials as is possible, if I can get through to any!

 

Where would the Welfare Officer based? Within the council or are they independent? I did a search on my council's website and it comes up with children's services and animal welfare?! I've never heard anybody mention a welfare person, or seen it written down in any leaflets.

 

 

 

Why do they think this was of assessing you rent is valid? Surely it's common practice for landlords to put their rent up every year and that it's highly unlikely that this corresponds with the date when a claim for HB was made?

 

Even if my landlord could coordinate the date to do the increase, one of the two HB claiments in the house would be making up the difference for some months? (I know we should have organised the ending of jobs so our claims would match up! Bugger!)

 

Also, I think I remember a box on the housing benefit form asking when my next rent increase was due, what is this for if they are going to ignore it?

[London Lady]

oooh, I forgot,

 

Surely this is not an unusual situation?

What does everyone else do?

Do we all just accept it?

How can the folks in charge think it's ok?!

 

Am I wrong to be so surprised and cross?!

[surprise]

Unfortunately the LA only assess each case every year. There was a case recently on CAG who had the same problem the rent went up in April but their review was November and she tried to get the LA to review it from April but they can't. She was going to see her Landlord about altering the tenancy agreement for rent rises to go up in November.

 

Your Welfare Officer is part of your LA. In my area we have Neighbourhood Offices where there is a benefit adviser. Although they are part of the LA believe me they work for you not the LA, the ones in our area are excellent have received good results.