Rent Service

What has the rent service got to do with Housing Benefit?

At the request of the Benefit Department, a representative of the Rent Service (a Rent Officer) will make a series of valuations called 'determinations'. These indicate the maximum rent figure that will be used to work out your benefit. This figure may differ from the amount of rent you have agreed to pay to your landlord on your tenancy agreement. Any award of Housing Benefit will be based upon your personal circumstances (income and family structure) and may be less that the Rent Officer's decision.

How does the Rent Officer make his decision?

As part of your Housing Benefit claim you will have completed details of the property size that you are renting. This will detail the size and type of your property and provide a summary of your family unit. In some cases the Rent Officer may need to inspect the property, but can often make a decision based upon the information submitted on the form. In the event that a visit is necessary, the Rent Officer will contact you by letter or phone to arrange an appointment.

The Rent Officer will decide if you have more rooms than required by Housing Benefit Regulations. If this is the case, the Rent Officer will decide what the rent would be for a similar property with the appropriate number of rooms. The number of rooms allowed by Housing Benefit Regulations is as follows:

One bedroom for each of the following:

• A married couple or an unmarried couple who live together as husband and wife
• Someone who is 16 or over
• Two children of the same sex under 16
• Two children who are younger than 10

You are also allowed a single living room if there are 1-3 people living in your home. You are allowed two living rooms if 4-6 people live there. You are allowed a third if more than 6 people are resident.

The Rent Officer will also assess how much is generally paid for similar properties in the same are. This will be the average of the range of rents for that property type/room quantity within the same 'locality'. The 'locality' is a broad area consisting of a number of neighbourhoods. Within this there will be a mix of property types within a reasonable travelling distance of similar public amenities. The range of rents used will not include any that is unusually high or low.

Housing Benefit does not cover the cost of certain utilities or services that may be included in the rent (such as fuel, water charges, laundry or cleaning). The Rent Officer's decision will be appropriately reduced if your rent includes any such extra amenities. The final decision is only for Housing Benefit purposes and will not affect any agreement made between you and your landlord.

If you are under the age of 25, with no partner or children living with you, the Rent Officer will also set a single room rent. This is the average amount that is generally paid in the 'locality' for the sole use of a single room but with shared use of other rooms (and without any food or fuel bills included). This figure will be used to further restrict your maximum Housing Benefit.

Will benefit payments be delayed?

The Rent Officer has fixed time limits to carry out these valuations. In most cases, the Rent Officer should be able to send a decision back to the local authority within a few days. If the Rent Officer needs to visit, there may be a short delay. However, this will not cause any delay in the award of benefit as your rent will be assessed upon an 'interim' (temporary) figure.

What if I disagree with the Rent Officer's decision?

If you are unhappy about the Rent Officer's decision, you can ask the local authority to resubmit your case to the Rent Service giving reasons why you believe the decision to be incorrect. The Rent Service will then arrange for Rent Officer (called a Redetermination Officer) to make a replacement decision. This Redetermination Officer is totally independent of the Rent Officer who made the original decision. It should be noted that this substitute decision could be higher, lower or the same as the original.

How long will the Rent Officer's decision last for?

Housing Benefit Regulations require that every property is re-referred to the Rent Service 52 weeks after the initial decision. The Rent Officer will then issue a new decision taking into account any changes in the value of rented properties in the vicinity.

The Rent Service will not usually issue a new decision if a previous one has been submitted in the last 52 weeks, the original decision remains in effect during this time. There are, however, some circumstances in which the rent can be referred with in the 52 week period and these include:

• Someone has moved in or left the property
• There has been a substantial change/improvement to the property
• There has been a change in terms of the agreement (not just a rent increase)
• A rent increase that was written into the terms of the original letting agreement
  An increase in the rent cannot be referred to the Rent Service until 52 weeks have passed since the last decision unless one of the above apply.

Can I find out how much I might be awarded before taking a tenancy?

If you are thinking of renting a property, you can apply for a Pre-Tenancy determination. This will show the figure that the Housing Benefit department will use to assess your benefit. It does not guarantee that you will qualify for Housing Benefit or say how much benefit will be paid.

You can apply for a Pre-Tenancy Determination by submitting a form to the Housing Benefit department. This will show the size, type and rent of the property and must be signed by both yourself and the potential landlord. Although this is submitted to your Council it will be forwarded to the Rent Service who will then deal directly with you and the landlord. The whole process will usually take no more than five working days, in many cases only one or two.

The Rent Service and Data Protection Law

It is the policy of the Rent Service to make sure that all of your dealings with them fall within the conditions of the Data Protection Act 1998. They will not release any confidential information that they have received from you, or discuss it with anyone else.

You can contact your local Rent Service at:

The Rent Service
3rd Floor
Rouen House
Rouen Road
Norwich
NR1 1RB

Tel: 01603 877111
Fax: 01603 877112

You can visit the Rent Service's website at:

www.therentservice.gov.uk