Housing Benefit for tenants in privately rented accommodation

If you rent from a private landlord, claimed before 7 April 2008 and have not changed address, then The Valuation Office Agency– not the Council, decides your maximum rent, which may not be the actual rent that you are being charged. This decision lasts for 52 weeks.

If you are putting in a new claim, claimed Housing Benefit or have changed address on or after 7 April 2008 please view the Local Housing Allowance information

The following gives you details on The Valuation Office Agency and its affect on your Housing Benefit.

What will The Valuation Office Agency do?

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

The Valuation Office Agency 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 Valuation Office Agency take to make its decision?

The time taken for The Valuation Office Agency'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 Valuation Office Agency tells us the maximum rent you are allowed, we will work out your benefit again.

I am single and under 25 years old

• is my Housing Benefit affected?

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 Valuation Office Agency 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/dining rooms. Even when the child turns 10 the decision will stay the same.

Will my Housing Benefit increase if my rent goes up?

The Valuation Office Agency's decision is valid for 52 weeks, unless you have had a change in your family make up or terms of your tenancy. If your rent goes up this is not classed as a change in tenancy conditions. Only if other tenancy conditions have changed will The Valuation Office Agency look again at its decision. Otherwise, the Valuation Office Agency 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 wish to appeal against the Rent Officer’s decision you must do so in writing and give your reasons within 1 month of being notified of the original decision. We will then pass your letter to the Valuation Office Agency for a re-determination. Please be aware that the decision may remain the same, go up or go down.

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).

Tel: 01843 577552

from 9am to 5.30pm.

Fax: 01843 577532

or Visit our offices