Housing Benefit/Local Housing Allowance Question

Kittiwaks

Hello!
I have a question about Local Housing Allowance and I'm having trouble finding clear information.

I get ESA, PIP and Housing Benefit.
I am single and live in a privately rented 1-bedroom flat.
I am also pregnant.

My landlord has just landed me with a rent increase of £150 per month, which I can't afford.
However, I'm aware that when I have the baby, I will be entitled to the 2-bedroom rate of Local Housing Allowance.
What I'm unclear about is whether I can then claim the 2 bedroom rate of Housing Benefit, even if I stay in my 1-bedroom flat. (If I could do that, then I would be able to afford the rent increase!)

The Entitled To website seems to says that, if you're renting privately, the actual amount of rooms in your house doesn't matter - for example you could be entitled to the 3 bedroom LHA but live in a 2 bedroom house and still get Housing Benefit for 3 bedrooms. It's the amount of bedrooms you're assessed to need that sets your Housing Benefit, not the amount you actually have. (https://www.entitledto.co.uk/help/local-housing-allowance)

However, I've just done a live chat with the CAB and they have said the opposite - that I would only be able to claim the 2-bedroom rate if I moved to a 2 bedroom property. I would not be able to do so if I stayed in my 1-bedroom flat.

So now I'm completely confused! Does anyone have any good info on this? Or any ideas about where I could go to get some clear answers?

poppy123456

Citizens Advice are incorrect here. Once the baby is born you will be entitled to the 2 bedroom rate, regardless of how many bedrooms you have. The link you posted above is spot on.

In the meantime have you looked into apply for a Discretionary Housing Payment? If awarded it's only usually for a short period of time and then you need to reapply. https://www.gov.uk/government/publications/claiming-discretionary-housing-payments/claiming-discretionary-housing-payments

Kittiwaks

Oh, thank you!
That's so clear and really great to know.
I will try and negotiate the landlord down a bit on the rent increase. If that's possible I think I would be able to manage the extra rent for a few months until the baby is born. It's just that I wouldn't be able to afford it on a longer term basis.
I will definitely look into the Discretionary Housing Payment if they won't budge at all on the rent though.
Thanks so much again! I will be able to sleep tonight now! )

Kittiwaks

P.S - That was meant to be a smiley emoji - not a shocked one - lol!

poppy123456

You're welcome, at least i've put your mind at rest now.

Kittiwaks said:

P.S - That was meant to be a smiley emoji - not a shocked one - lol!

lol no worries

Jimm_Scope

Hi @Kittiwaks, welcome to our community. I'm glad Poppy has already been able to help you with your questions! I've a few other questions if you don't mind answering them.

Can I ask how much of a % increase this is? If you're not sure and you're happy to say it you can just tell us the pre-rise amount. And if they've previously increased the rent every year or if this is the first in a few years?

Kittiwaks

Hi!
Yes, I'm happy to say - thanks for asking

I've been living in the flat for 3 years. Each contract has run for a year and is renewed in the middle of November.

After the first year there was no increase and I was paying £1100 per month for those first two years. 

Last year they asked for a £100 per month increase and I managed to negotiate them down to £50. So for the last year I've been paying £1150.

Now are asking for £1300. So around a 12% rise from last year, I think?

I wasn't expecting it because I'm required to give 2 months written notice if I want to leave at the end of the tenancy, but they didn't ask for the increase until two days ago. So I actually couldn't give them the 2 months notice if I wanted to refuse the rent increase and leave...
Last year when they asked for the increase they gave me much more notice. 
I feel sort of confused and shocked about it all, but my understanding is that basically they can do whatever they want when the contract renews...

Jimm_Scope

That's a 13% increase I believe? Can you also tell me if you're England/Wales, Scotland or Northern Ireland? I believe Scotland has a private rental cap in place just now until next year.

For England rent increases have to be "fair and realistic", which means it should be comparable to the rent of other properties in the local area. Citizen's Advice has a page on rental increases and what you can do to negotiate or dispute them if you'd like to take a look. It also links you to possible help in covering the rental increase if you cannot negotiate.

 They are also supposed to give you an entire months notice on any increase.

Kittiwaks

Yes, you're right - it's 13% (not 12!).

I'm in England, unfortunately. And having had a look at similar flats in my area, they tend to be asking for between £1200 - £1500 pcm in rent, so I don't think I can really argue that £1300 is not a realistic amount to ask for, sadly. (Although there is damp in the bedroom that causes mould growth if I don't run a dehumidifier, as well as water damage to the paintwork from a gutter leak last year, and leaky windows, so perhaps I can point those things out...)

I think the best thing to do is just try to negotiate them down a bit. Then, if as Poppy says, I will be able to get the 2 bedroom rate of Housing Benefit for this 1-bed once the baby is born, that will cover my rent again.
I will definitely mention the lack of notice too!

Thanks for the link as well - that's really helpful.

Jimm_Scope

Ah yeah, if it's reasonable with rent of similar properties in the area then you cannot claim unreasonability.

I guess if I was in your position I would negotiate, mentioning the issues that need fixing and try to negotiate from there hopefully. You could also reach out to Shelter as well who specialise in housing issues generally, not just homelessness. (unlike me who specialises in running an online community not benefits or housing issues! I just try to show people the best advice I can, I'm glad the citizen's advice link was helpful!)