THINKING OF RENTING PRIVATE ACCOMMODATION?

LIKELY TO NEED HELP WITH THE RENT?

Before you decide on a tenancy and claimed Housing Benefit you can apply for a Pre-Tenancy Determination.

If you are likely to need help from Housing Benefit to pay your rent, you will know how much of the rent will be used to work out your Housing Benefit before you decide whether to rent the property.

A Pre-Tenancy Determination is a rental valuation by the independent Rent Officer Service. This valuation gives you the rent which will be used by the Housing Benefit Officer to work out your Housing Benefit.

Remember that when your Housing Benefit is worked out it will take account of your Income and other circumstances. The Pre-Tenancy Determination does not guarantee that you will get Housing Benefit or tell you the amount you will receive.

What happens next?

The information in the Pre-Tenancy Determination will help you decide whether you can afford the rent that is being asked. If you decide to take the accommodation you should claim Housing Benefit at once. You can get a Housing Benefit claim form from our Housing Benefit department or the Pre-Tenancy Determination form.

Important Note

Changes have been made to the way Housing Benefit is worked out for tenants of private landlords. Housing Benefit will now normally only meet in full rents which are at or below the Local Reference Rent for a property of a suitable size in the area where you have chosen to live. If the rent for your home is above this level you are unlikely to get all your rent form Housing Benefit. Details of these changes are in leaflet RR3 available from your local Job Centre Plus office.

If you are a single person under 25, the Local Authority may also ask the Rent Officer to determine a Single Room Rent.

This rent will be based on the general level of rents for tenancies of one room only with the shared use of a kitchen and toilet and will not include any food that is provided.

THE RENT OFFICER'S DECISION AND YOUR HOUSING BENEFIT

What will the Rent Officer do ?

The Rent Officer may look at the property you are thinking of renting although he does not need to visit all properties.

The Rent Officer will consider things such as the rent charged, what services are included in the rent, the number of rooms in the property, the size of the household and the length and terms of the tenancy.

The Rent Officer will decide how much the property is worth in the rental market (this is the Significantly High Rent Determination). He will take into account the Government size criteria that specifies the number of bedrooms and other rooms that are appropriate to your circumstance. If the property is too large he/she will decide on a rent for property of the right size. The rules are strict and the Rent Officer has no discretion to vary them regardless of the circumstances.

The rules state that a child is a person under 16 years of age and allows:-

* one bedroom or other room that could be used as a bedroom or living room for each of the following:

a) a married couple or an unmarried couple living together as husband and wife.

b) A person who is 16 or over.

c) two children of the same sex

d) two children who are less than 10 years old

e) a child (under 16)

Each person can only be counted once and in the first category for which they qualify.

* Your Household is also allowed to have one other room if it comprises one, two or three persons or two other rooms if there are four, five or six persons or three other rooms if there are more than six persons.

If he considers the rent to still be exceptionally high for Housing Benefit purposes, the Rent Officer will decide the highest rent which can be considered for Housing Benefit purposes.

The Rent Officer will also decide how much is generally paid in the area for a property of a suitable size for your circumstance (this is the Local Reference Rent).

If you are single and under 25 the Rent Officer will also decide how much is generally paid in the area for a single room with shared kitchen and toilet, without any food provided or the use of any shared rooms (this is the Single Room rent).

The Rent Officer decisions, set out in the Determination will stand for 12 months from the date shown on the form but the Single Room Rent will last for 12 months or until your 25th birthday, whichever is the sooner.

What will the decision tell me ?

This decision notice from the Rent Officer tells you the maximum rent figure that will generally be used in working out your Housing Benefit. It also gives you other information including details of any services (such as laundry or room cleaning) paid for in your rent which Housing Benefit cannot help with. The value of these services has been deducted from the maximum rent. However, the maximum rent figure will be further reduced if your rent also includes charges for meals, fuel and water rates.

The maximum rent figure can be further reduced by the Housing Benefit office when they come to work out your benefit if the figure seems to them to be unreasonably high for your particular accommodation needs.

Will the maximum rent figure be the amount of Housing Benefit I get?

Not necessarily. Your Housing Benefit will generally be worked out using this amount but remember that the Rent Officer's decision does not guarantee that you will get Housing Benefit or tell you the amount you will get. This will be worked out by the Housing Benefit Office and will depend on your income and other circumstances. You may be able to get some additional help with your rent if your circumstances are exceptional.

If you get Housing Benefit it will be paid from the date of your Housing Benefit claim and not from the date of your Pre-Tenancy Determination application. If you want to claim Housing Benefit or need further information contact us or apply using online claim form.