You are exempt from the LHA rules if:
- You are a council or housing association tenant
- You have a tenancy that started before 1989
- You live in a caravan, hostel or houseboat
- You live in board and lodgings
- You live somewhere where your landlord provides care, support or supervision
However, if you fall into any of the above categories you may still claim Housing Benefit
The rate of LHA that applies to you and your household depends on:
- Who lives with you and the number of bedrooms your family needs
- The area you live in
The LHA rates vary depending on the size of the property. These rates are set by an independent Rent Officer, based on local rents. You may get less than the maximum rate depending on your circumstances.
Knowing the amount of LHA will let you work out the maximum Housing Benefit you might qualify for when looking for somewhere to live. You can then choose a place that suits you.
View the LHA figures for September 2008
View the LHA figures for August 2008
View the LHA figures for July 2008
View the LHA figures for June 2008
View the LHA figures for May 2008
View the LHA figures for April 2008
The number of bedrooms you need depends on how many people live with you. You are allowed one bedroom for:
- A couple
- Any other adult aged 16 or over
- Any two children of the same gender aged under 16
- Any two children aged under 10
- Any other child
The rate for LHA for single people under 25 will be based on a room in shared accommodation, such as a bed sit or a room in a property where kitchen and bathroom facilities are shared with other tenants.
Example 1: Ann and Jack are a couple who have a child, Lewis, who is nine years old. They are entitled to one bedroom for themselves and one bedroom for Lewis. This means any Housing Benefit they are entitled to will be based on the Local Housing Allowance rate for two bedrooms.
Example 2: Jill is a single mother who has three children. Bob, who is fourteen, Liz who is eleven and Calum who is six. Jill is entitled to one bedroom for herself, one bedroom for Liz and one bedroom for Bob and Calum to share. This means any Housing Benefit she is entitled to will be based on the Local Housing Allowance rate for three bedrooms.
You will usually get Housing Benefit paid to you and you will have to pay your landlord. You cannot choose to have your Housing Benefit paid to your landlord. It must be paid into a bank or a building society account or by cheque and will be paid every two weeks in arrears.
As a tenant you are responsible for paying your rent to your landlord. It is important that you pay your rent on time to avoid losing your home. If you do not pay the rent your landlord may apply to the Council to have your benefit paid direct to them.
If you are worried about managing your money, please ask us if we can help. In some cases we may be able to pay benefit to your landlord.
The Government are promoting the use of basic bank accounts for tenants receiving benefit. The use of standing orders and direct debits are an easy and effective way of managing money and mean that you don’t need to wait for cheques to clear.
Help and advice on opening a bank account:
Our Money Advice Team provide money advice to private tenants in receipt of Housing Benefit and can help with budgeting and advice on managing debt. If you would like to use this service, please telephone 0845 600 4222.
You can also download a form that will allow you to have your Housing Benefit paid directly into your bank account from the Current Documents section in this page.
You can also get information on opening a bank account from the Financial Service Authority on 0845 606 1234 or at http://www.moneymadeclear.fsa.gov.uk/.
Some tenants may struggle with the responsibility of paying their rent and so safeguards have been put in place to make direct payments to landlords in certain circumstances for vulnerable tenants.
The Council has certain discretion in identifying tenants where Housing Benefit will be paid direct to the landlord. Examples include:
- If we consider the tenant is likely to have difficulty managing their own affairs. This could include tenants with learning disabilities, in severe debt or with drug or alcohol problems that would mean they may have difficulty managing a budget
- If we consider the tenant is unlikely to use their Housing Benefit to pay their rent
- If the tenant has built up rent arrears of 8 weeks or more
- If the tenant is having deductions from their Income Support or Jobseeker’s Allowance to pay off rent arrears
To implement these safeguards, the Council must have written evidence to ensure the claimant meets the criteria of vulnerability.
Our Safeguard Referral form in the Current Documents section on this page will allow you to request rent payments be paid directly to the landlord or agent.
Some properties will have a rent lower than the amount of LHA you can get. If the rent is no more than £15 a week less than the LHA rate you can keep the difference. If the rent is more than £15 a week less than the LHA rate, you can keep £15. This will not affect any other social security benefits you may get.
For example, if your rent is £60.00 per week and the Local Housing Allowance is £100.00 per week, the maximum amount of benefit we could pay is £75.00 per week.
You may find a property where the rent is more than the rate of LHA used to calculate your Housing Benefit entitlement. The Council will not pay more LHA and you will have to pay the difference from your other income. In exceptional circumstances you may be able to get a Discretionary Housing Payment to help pay the difference.
If you are a private tenant and make a new claim for Housing Benefit after 7 April 2008 it will automatically be calculated using the new LHA rules.
If you have an ongoing Housing Benefit claim that started before April 2008, or are exempt from the LHA rules you will still get your Housing Benefit claim assessed under the old rules. We will still refer your rent to the Rent Service at the start of your claim and then every 52 weeks thereafter.
However, your claim will be assessed under the LHA rules if you:
- make a new claim;
- have a change in address; or
- have a break in your Housing Benefit claim