Private Tenants

Private Tenants

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What Is A Private Tenant?

A private tenant is anyone who has to pay rent to a private landlord (not the Local Council). Private tenants could be renting a flat or house, bed & breakfast accommodation. Housing Association tenants are treated differently and this does not apply to them.

How Do I Claim Help With My Rent?

You need to complete a Babergh District Council "Housing & Council Tax Benefit Claim form". It is very important that this form is completed either shortly before or soon after you move into your property.

Which Information Do I Need To Send In?

Along with the claim form, you need to send in full details of your income, savings and rent liability (e.g. tenancy agreement) The exact type of evidence needed is detailed on the form itself.

How Much Of My Rent Will Housing Benefit Pay?


Housing Benefit does not guarantee to pay a person’s full rent. All claims received are referred to the Rent Officer Service which is an Agency specialising in valuing rented properties. The Rent Officer will examine the rent charged by your landlord and decide whether it is reasonable compared to local market levels. The Rent Officer may supply a lower valuation if you are living in property which is too large for your needs (e.g. a single person in a 2-bedroom flat).

Are There Different Rules For Under 25’s?


Yes. For the vast majority of single people under the age of 25, Housing Benefit will be restricted to what is called a "Single Room Rent". The effect of this is that, regardless of what your actual rent level is, your Housing Benefit will only be equivalent to the market rent levels of one-room accommodation. There are some exceptions to this rule and Benefits staff can provide more information on this rule.

What If My Housing Benefit Does Not Meet My Full Rent?


If the level of Housing Benefit does not meet your full rent due to a lower Rent Officer valuation, then any shortfall is your responsibility. The Council can consider awarding extra Benefit in exceptional circumstances. However, it is at the Council’s discretion and there is only a limited budget given to us from the Government for this purpose. You will also need to complete a separate form requesting these extra payments.

Do I Have To Wait Until I Move In Before I Find Out If My Rent Is Considered "Reasonable"?


No. You can complete a "Pre-Tenancy Determination" form. This requests details about your prospective property and needs to be signed by the landlord. Upon receipt of this form, the Council will send it to the Rent Officer. A decision will then be made on the level of rent which will be considered "reasonable" for Housing Benefit purposes. The whole process should take no longer than a week. Remember that this procedure is only designed to request an "advance valuation" of the property. Your actual Housing Benefit may be lower if, for example, you are working or have savings over £3000. The "Pre-Tenancy Determination" form is available from our office.

How Will My Housing Benefit Be Paid?

You have the option of either having Housing Benefit payments sent to yourself or direct to your landlord (with their agreement). Payment is in the form of a crossed cheque, or by BACS electronic transfer into your bank account. You can send us this instruction by opening this form to choose how your benefit is paid.

How Often Will My Housing Benefit Be Paid?


For the majority of customers, you will be paid four-weekly in arrears. You may be paid differently if you have lived in the same property and claimed Housing Benefit continuously since 1996.

What Happens If I Am Paid Too Much Housing Benefit?


Generally, if we pay too much Housing Benefit and an overpayment occurs, we will ask you to pay the money back. If we pay your landlord too much Benefit we will generally ask them to pay the money back. Overpayments

How is my Housing Benefit calculated ?

When calculating a person’s Benefit entitlement factors which are taken into account include the number & age of all occupiers, income & savings, and the level of rent which is charged on the property. The actual "maximum rent" figure is decided by an independent agency called "The Rent Service".
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What does the Rent Service do?


The Council has to refer most rents to the Rent Service where a claim for Housing Benefit is received. The Rent Service then considers all of the circumstances of the case and decides upon a rental valuation which is then notified to the Council.

What factors does the Rent Service take into account ?


The Rent Service will consider details such as the rent charged, which services are included in the rent, the number of rooms in the property, the length and terms of the tenancy and the number of occupiers who are living in the property. The Rent Service will also compare your rent with the general level of rents in the surrounding area. If your rent is considered to be higher than equivalent properties then a lower valuation may be notified.

Can a rental valuation be obtained before a person moves into a property?


Yes. Any potential private tenant can ask the Council to value a property that they are considering renting before they commit themselves to signing a tenancy agreement. A "Pre-Tenancy Determination" can be obtained. Please contact us for further information.

What are "Rent restrictions"?

If the Rent Service valuation of your property is lower than the actual rent charged then your Housing Benefit will be calculated on the basis of this lower figure. Additionally, if your rent figure includes services such as electric, water or breakfast then Housing Benefit cannot cover these charges. If you disagree with the Rent Service’s valuation of your rent you can appeal against it. Any appeal of this type must be received by us within 6 weeks of us notifying you of the decision. An officer from a different Rent Service area will then reconsider the valuation.

How often will the Rent Service provide a rental valuation for my property?


Generally speaking, the Rent Service will reconsider their valuations once a year. A revised valuation may then be issued to the Council. We will write and tell you when this happens. Sometimes we can ask the Rent Service to make more than one valuation a year. An example is where the landlord carries out significant improvements to the property and increases the rent to cover the extra costs.

How do I claim Housing Benefit if I am a private tenant?


A. A Housing Benefit claim form needs to be completed by the tenant. Documentary evidence of all income, savings, rent also need to be supplied to the Council. It is important that you claim Housing Benefit as soon as possible as there are strict regulations which govern the start date of a person’s claim.

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Contact Information
Telephone 01473 825798
Email customer.services@babergh.gov.uk
Fax 01473 826631

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