Eligible Rent & Rent Restrictions

This section only applies to the following people:

  • People who were in receipt of Housing Benefit before 7 April 2008 and who haven’t moved home or had a break in their benefit claim;
  • All local authority tenants;
  • Housing Association tenants;
  • Tenants whose tenancies began before January 1989;
  • Tenants of landlords whose rent comprises a substantial element of care, support and supervision, or who provides meals as part of your rent;
  • Tenants who have a registered or fair rent decision from the Rent Office;
  • People living in caravans, houseboats and hostels.

If you belong of any of these groups your rent will be decided by the eligible rent rules.

What is the difference between my actual rent and my eligible rent?

Your actual rent is the amount of rent that you have contractually agreed to pay to your landlord, this can also include charges for services which you receive or consume whilst residing at your home.

For Housing Benefits some of these service charges may be considered to be ineligible for Housing Benefits. The parts of your actual rent that are covered by Housing Benefits are called your eligible rent.

For Council tenants your Housing Benefit, known as rent rebate, is usually based on your actual rent.

What charges maybe deemed eligible and ineligible?

A service charge maybe eligible for Housing Benefit so long as they:

  • Are paid as a condition of occupying your home;
  • Are not listed in the Housing Benefit regulations as being ineligible;
  • And are not excessive in relation to the service that they are for.

Below is a summary of service charges and their eligibility for Housing Benefit:

ELIGIBLE – Provision of heating systems, provision of heating in communal areas, furniture and household equipment (in fully or part furnished lets), communal cleaning including communal windows, and anyone communal services to provide adequate accommodation.

INELIGIBLE – Water charges, fuel charges, meals, cleaning of your windows and accommodation, counselling and support, living expenses, medical or nursing care, and emergency systems.

If ineligible services are part of your actual rent the Government has set standard weekly deductions which the Council are obliged to deduct from your rent. These charges relate to the heating, lighting, the provision of hot water, cooking, and the provision of meals as part of your rent. These rates are set in accordance with your families circumstances and are reviewed annually.

Rent Restrictions

If you are a private tenant the Council will need to refer your rent to the Rent Officer Service to get a Restricted Rent Determination. The Council will then decide the amount of Housing Benefit you will get based upon the determination the Rent Officer makes.

Of the list of tenants given at the top of this chapter, the Council will only apply for a Restricted Rent Determination in respect of:

  • People who were in receipt of Housing Benefit before 7 April 2008 and who haven’t moved home or had a break in their benefit claim, and who do not have a registered or fair rent decision. We do not refer tenancies begun before January 1989 either;
  • Tenants of landlords whose rent comprises a substantial element of care, support and supervision, or who provides meals as part of your rent;
  • People living in caravans, houseboats and hostels;
  • The Council can refer Housing Association tenants for a Restricted Rent Determination but very rarely does so and only in extreme circumstances.

How does the Rent Officer come to his decision?

The Rent Officer will take into account whether your home is of a reasonable size for your family, whether your rent is reasonable for the property that you are living in, and whether the rent is reasonable for the area in which you live. Therefore if your property is over-large for needs, too expensive for the area you live in, or is too expensive when compared to other similar properties, the Rent Officer will make a determination as to what is a reasonable rent based upon your circumstances and where you live.

If you are under 25 years of age and you live alone the Rent Officer will make a Rent Restricted Rent determination called a “single room rent”. This figure will be the average rental amount for single roomed accommodation in the area with shared bathroom and kitchen facilities.

Please note that the “single room rent” will not apply to persons living in hostels, persons who qualify for a severe disability premium, or are under 22 years who were formally in care or accommodation provided by Social Services.

What if I am unhappy with the Rent Officers determination?

If you think the Restricted Rent Determination of the Rent Officer is too low you can appeal against their decision, however, you cannot appeal if you simply feel you are unable to pay the balance between your actual rent and the Restricted Rent amount.

If you choose to appeal against the Rent Officer’s determination you will need to write to us and we will appeal against the Rent Officer’s decision. In your appeal letter you will need to explain why you think the determination is wrong and provide supporting evidence to back up your appeal (if possible). We will then pass on your appeal and any supporting evidence to the Rent Officer Service and they will appoint another Rent Officer to look at your appeal.

Please note the redetermination may result in a higher or lower Restricted Rent Determination, and the Council are obliged to use whatever figure is supplied to us in the determination of your Housing Benefit entitlement.

I am struggling to make up my rent due to a Restricted Rent Determination?

If you are struggling to make your rent payments due to a Restricted Rent Determination you may be eligible to a Discretionary Housing Payment. Please go to our Discretionary Housing Payment section for more information about these payments and how to claim one.

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