Hi,

I have a client that is currently in dispute with a LA regarding his HB entitlement. The landlord of the property has waived payment of 4 weeks rent as the flat he moved into needed some minor repairs and needed decorating throughout. I was under the impression that as the rent was waived in lieu of work done, the client was still to be treated as liable for rent and as such entitled to HB. The LA seem to think differently and have said they are actually rent free weeks so no HB is due. Anyone come across this before and have any suggestions please?

Cheers

John

If the landlord waives the rent as reasonable compensation for repairs or redecoration carried out by the tenant, then still treated as liable for rent, for up to 8 weeks. This is under HB Regulation 8 (1) (d).
But if this is a new tenancy, person must have moved in. Also was the work carried out by the tenant, and was it work that the landlord was liable to do?

Thanks for the reply. It is a new tenant who moved into the property despite it not being properly fit for him to move into (the electrics and plumbing were checked and were ok prior to him moving in). He did the minor repairs and the decorating himself. Under normal circumstances, the landlord is responsible for repairs and making the property habitable (which includes decorating if it is deemed uninhabitable). If however, the tenant choses to redecorate a property that is deemed habitable, that is entirely up to the tenant to do it and pay for it.