I am afraid that it does make a big different.
If your client is in private rented accommodation and their claim does not fall under the LHA then one of the following must normally be the case.
1) They claimed HB prior to April 2008 and have not moved or had a break in claim. - If this is the case why has this issue only come to light now, has the LA only recently restricted the rent?
or 2) They are protected tenants
To satisfy that definition; - the accommodation must be provided by a county council, housing association, registered charity or voluntary organisation, and the tenant must be provided with care, support or supervision by either the landlord or someone acting directly on their behalf. In the latter there must be interposition not merely that the landlord be part of a group co-ordinating care, support or supervision.
or
- they have a pre 1989 tenancy
or -Large Scale Voluntary Transfer has taken place
or -There are some exceptional cases, ie caravans, houseboats (including mooring charges), mobile homes and hostels
Which of these apply will have a big impact on the rules the LA must follow in deciding on the level of eligible rent to use in deciding HB.
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