Stockton-on-Tees Borough Council

The Rent Officer and Housing Benefit

A new claim for housing benefit from a private tenant is worked out under the Local Housing Allowance rules. If you are a private tenant and claimed benefit before 7 April 08 (and have not moved home) your benefit is worked out on the following rules.

Details on the property you rent and who lives with you are sent to the Rent Officer at the Valuation Office Agency. The Rent Officer makes a decision on the maximum level of rent to use to work out your housing benefit. A decision will usually be based on the details we send the Rent Officer but in some cases a Rent Officer may need to visit. If a visit is needed an appointment will be made with you.

We work out your housing benefit using the Rent Officers decision less any costs for utilities or services, such as fuel, water charges, laundry or cleaning. The amount of benefit awarded will depend on your personal circumstances. If your rent is more than your benefit you will need to make up the shortfall yourself. If you have particular reasons why you have difficulty paying the shortfall you may qualify for a Discretionary Housing Payment.

How does the Rent Officer make his decision?
The Rent Officer will decide if the rent you pay is reasonable compared to other properties where you live. The Rent Officer will also decide if you have more rooms than you need under the Housing Benefit rules.

Number of bedrooms you need.
One for each of the following, counting each person only once;

• each adult couple
• any other adult (aged 16 or over)
• any two children under 10
• any two children of the same sex aged 10 to 15
• or for any other child.

Number of Living rooms you need;

• one if there are 1-3 people living in your home
• two if 4-6 people live there
• three if more than 6 people live there

If you have more rooms than you need the Rent Officer he will decide what the rent would be for a property similar to the size you need. The Rent Officer will also consider how much is generally paid for a property, with the number of rooms you need, in the area you live.

If you are under 25 and live alone 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).

You will not be subject to the Single Room Rent restriction

• if you are registered as disabled
• if you are responsible for a dependant
• if you are under 22 and subject to a care order.

How long does the Rent Officer's decision last?
The decision normally last 52 weeks from the date the decision was made. After 52 weeks we ask for a new decision. We can ask for a new decision before 52 weeks if:

• someone has moved in or left the property
• there has been a substantial change or 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 Officer until 52 weeks have passed since the last decision, unless one of the above apply.

What if I do not agree with the decision?
If you are unhappy about the Rent Officer's decision you can ask us to resubmit your case. You should tell us why you believe the decision is incorrect. The Valuation Office Agency will arrange for a Re-determination Officer to make a replacement decision. This Re-determination Officer is totally independent of the Valuation Office Agency. The new decision will be used to work out your benefit and this could possibly be lower than the original decision.

The decision by the Rent Officer is for Housing Benefit purposes only and will not affect any agreement made between you and your landlord.