× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Housing costs  →  Thread

LHA 1 bedroom rate when client has exclusive use of 2 rooms in a shared house

Nan
forum member

Generalist team - Hammersmith & Fulham CAB

Send message

Total Posts: 155

Joined: 8 July 2010

Hi,

Does anyone know of any case law that highlights what exclusive use of 2 rooms in a shared house actually means for LHA

HB 2006 Reg 13 D states that a person can get the one bed rate when they have exclusive use of two rooms. Any clarification of this would be appreciated.

Thank you

ClaireHodgson
forum member

Solicitor, CMH solicitors, Tyne And Wear

Send message

Total Posts: 186

Joined: 17 June 2010

presumably only one of those rooms would be the bedroom.

Kevin D
forum member

Independent HB/CTB administrator, consultant & trainer (Essex)

Send message

Total Posts: 474

Joined: 16 June 2010

The legislation requires that the rooms are suitable for living in.  I also understand there is a case now before the Upper Tribunal on the issue of exclusive use.

Nan
forum member

Generalist team - Hammersmith & Fulham CAB

Send message

Total Posts: 155

Joined: 8 July 2010

Yes one room is the bedroom.

chacha
forum member

Benefits dept - Hertsmere Borough Council

Send message

Total Posts: 474

Joined: 13 December 2010

Saw this on another forum, CH/107/2010, I think this is the case KevinD was referring to. Still awaiting a decision at UT.

Nan
forum member

Generalist team - Hammersmith & Fulham CAB

Send message

Total Posts: 155

Joined: 8 July 2010

Hi,

Thank you for this.

The client has 2 rooms. 1 used as a bedroom and one as a sitting room. The client says they are not attached to each other but across a shared room. The client says that she has exclusive use of the 2 rooms.

chacha
forum member

Benefits dept - Hertsmere Borough Council

Send message

Total Posts: 474

Joined: 13 December 2010

HFCAB - 20 December 2010 01:20 PM

The client has 2 rooms. 1 used as a bedroom and one as a sitting room. The client says they are not attached to each other but across a shared room. The client says that she has exclusive use of the 2 rooms.

Well, that’s exactly what she is entitled to, 1 bed self-contained rate!

CorbyCAB
forum member

Corby CAB

Send message

Total Posts: 11

Joined: 1 July 2010

chacha - 20 December 2010 01:35 PM

Well, that’s exactly what she is entitled to, 1 bed self-contained rate!

Yup, ‘Tis bedrooms that count for LHA.

Nan
forum member

Generalist team - Hammersmith & Fulham CAB

Send message

Total Posts: 155

Joined: 8 July 2010

That is what I thought - but not what is being paid!