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Housing Benefit for tenants in privately rented accommodation

Housing Benefit is help towards rent for people on low income.

We work out your Housing Benefit by using your income, capital, family make-up and the ‘maximum rent’.

 

If you rent from a private landlord, then The Rent Service – not the Council, decides your maximum rent, which may not be the actual rent that you are being charged. This decision lasts for 12 months.

 

The following gives you details on The Rent Service and its affect on your Housing Benefit.

What will The Rent Service do?

When we receive your Housing Benefit application form, we will send details of your accommodation to The Rent Service, which is part of the central Government Department for Work and Pensions.

 

The Rent Service can decide the maximum rent if it has recently visited the property; otherwise it will arrange to visit the property to make a valuation.

 

The Rent Officer will look at things such as the rent charged, what services are included in the rent, the number of rooms in the property, the size of your household, the length and terms of the tenancy and the general level of rents in the area. From this information, The Rent Officer will decide how much the property is worth in the rental market, and how much is generally paid in the area for a property of a suitable size for you and members of your family who live with you.

How long will The Rent Service take to make its decision?

The time taken for The Rent Service’s decision will vary depending on its workload, and on whether it needs to visit the property. This won’t delay your Housing Benefit.

 

When The Rent Service tells us the maximum rent you are allowed, we will work out your benefit again.

Can you tell me what the maximum rent will be before moving into a property?

If you are thinking of renting from a private landlord (not the Council or a housing association) we can tell you, normally within seven days, how much rent (maximum rent) we will use to work out your Housing Benefit. To find out, you and your future landlord will need to fill in a Pre-Tenancy Determination form (also available from the Benefit Service and enquiry counters).

 

If you decide to move into the accommodation, and want to claim benefit, you will have to fill in a Housing Benefit and Council Tax Benefit application form.

If I am single and under 25 years old, is my Housing Benefit affected?

If you are single and under 25 years old, your rent will be restricted to the level for a single room with shared facilities. This is known as the Single Room Rent. If the maximum rent is less than the Single Room Rent then the lower of the two figures will be used.

 

If you are under 25 and single, and are severely disabled or you are under a care order and have been given accommodation under the Children’s Act, the Single Room Rent may not apply. Please contact the Council’s Benefits Service for more information.

Does it affect my maximum rent if services are included in my rent?

Some services such as heating, lighting, hot water, and meals that are included in your rent, are not usually paid for by Housing Benefit.

What if I have more rooms in the property than I need?

The Rent Service will work out the number of rooms in a property that you need. The maximum rent will be restricted to accommodation of that size, using the following conditions:

  • Children aged up to 10 are expected to share a bedroom, even if they are different sexes
  • Children of the same sex are expected to share a bedroom up to the age of 16
  • Children aged 16 and over are allowed a bedroom for their own use
  • Single people aged under 25 are allowed a Single Room Rent – the average figure for a single room with shared facilities
  • Families with up to 3 occupiers (including adults and children) are allowed one living/dining room
  • Families with 4 to 6 occupiers (including adults and children) are allowed two living/dining rooms
  • Families with 7 and over occupiers (including adults and children) are allowed three living/dining rooms

 

Example:

A couple and their four children move into a five-bedroom house. The children are aged 1, 3, 5 and 9. There are two girls and two boys. The Rent Service will restrict the maximum rent to three-bedroom accommodation with two living/dinning rooms. Even when the child turns 10 the decision will stay the same.

Will my Housing Benefit increase if my rent goes up?

The Rent Service’s decision is valid for 12 months, unless there is a change in tenancy conditions or in your family make-up.

 

If your rent goes up this is not classed as a change in tenancy conditions. Only if other tenancy conditions have changed will The Rent Service look again at its decision. Otherwise, the Rent Service will make a decision on your rent increase when your current Housing Benefit period is ready for renewal.

Unhappy with the final decision?

If you would like more information about how your benefit is worked out, you must write to the Benefits Service asking for full details.

 

If you are unhappy with how we have worked out your benefit, you have the right to appeal. You should do this in writing, within one month of receiving notification of your benefit entitlement (see Reviews and Appeals).

 

You can contact The Rent Service on 01622 766853.

 
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