I have some clients - a couple wanting to move into private rented accommodation. One client has disabilities and the partner is their full time carer. Due to her disabilities they need separate bedrooms and have now signed a tenancy agreement for a 2 bedoom property.
They have been told they will only be eligible for the 1 bedroom rate of LHA, although a decision on their claim has not yet been made. As I understand it the criteria for the number of bedrooms needed under LHA is analagous to the old rent officer size criteria where the rent officer, it appears, is not permitted to take account of personal circumstances such as disability. On the face of it they are going to have problems with this as they will be left with a significant shortfall between the rent and LHA if they are only eligible for the 1 bedroom rate.
Does any one have any bright ideas on a striaght forward challenge that they should be entitled to the 2 bedroom rate and/or any potential human rights challenge on incompatability?
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