Hi. Client and partner live in private rented accomodation, 3 bedrooms, living room etc. They claimed HB and rent was referred to Rent Office who said the property was too large, rent was restricted by approx 50%.

When client first applied, before taking the tenancy, he asked at the HB office for a pre tenancy determination form. He was told - there is no need to do this as we already know about all the local properties. Client then signed up for a 12 month lease and paid £800 deposit (by taking out a loan).

He has appealed against the rent officers decision and we are helping with a claim for Discretionary Housing Payment, but is there any scope for appealing anything on the grounds of misinformation and good cause ( as there would be if client was asking for a backdated claim).

Thanks

Apart from asking for a RO redetermination and requesting a DHP, the only other option is to complain and ask for compensation.

From the info given, I just wonder if the misunderstanding may have occurred as follows. The clmt only requires one bedroom. But, he has identified a 3-bed property. The clmt goes to the LA saying something along the lines of "...I've seen a 3-bed house and want to know if HB can be paid on it - can I have a PTD form?". The LA officer replies, "Nah, 3-bed, £800? No problem". But, it simply doesn't cross the officer's mind that the need is only for a one-bed. Kaboom!

Of course, the above guesswork could be utterly wrong.....!

No, I dont think client would have said that - he has wife and child, so 2 bedrooms are ok and the third is very small.

We have done DHP and client wants to wait for the result of that before complaining, but that is next in line.

Thanks for the thoughts

Just a quick point. The fact that the third bedroom is very small is irrelevant - it's still counted as a bedroom so the property will be classed as overlarge.

In your opinion, is the rent charged reasonable for the type of property it is?

I only ask in that your post seems to suggest that the rent service are stating the 'average' rent in your locality for a two bedroomed property is 50% less than what your client is paying for their three bedroomed property. This seems odd, especially if the third bedroom is very small.

I think the rent is a bit high for a 3 bedroom property as well as the property being too large, but client is not expecting full rent.

Rent Officer has arranged a 2nd visit, Im just hoping that they dont lower the eligible rent!

Two-bedroom houses in Anglesey for only £400 a month? Blimey, even our local housung assocaition would be pushed to beat that. (Not that it has any houses in Anglesey, mind).