This section deals only with private sector claims from:

• people over 25 years old, or
• people under 25 years old who live as a couple, or
• people under 25 years old who are responsible for a child.

If you are single and under 25 years old you should read the section -

‘Housing Benefit restrictions for single people under 25 years old’.

When is Housing Benefit restricted?

Housing Benefit entitlement for customers is not always worked out based on the full amount of rent charged. In some cases where the rent is high, any Housing Benefit is only worked out on the average rent for the type of property in the area.

If you have claimed Housing Benefit without a break at the same address since before 6 October 1997, your Housing Benefit comes under a different set of rules.

This section explains the rules if you are moving to a new address, or making a new claim for Housing Benefit.

Who is affected?

If you live in private rented accommodation we may need to restrict your benefit if your rent is high. If your landlord is a Housing Association, you will only be affected if your rent is unusually high.

Your benefit will not be restricted if you are a council tenant.

How do the rules work?

When a private tenant claims Housing Benefit, we have to refer the case to the Rent Officer Service. They are independent officials who will decide if the rent being charged is reasonable. They do not set the level of rent that you have to pay. What they do, is to decide the level of rent that we use to work out Housing Benefit. We must use their figures to work out your Housing Benefit.

• If the Rent Officer Service thinks the rent you are charged is high, they will tell us what a reasonable rent would be.
• If they think the rent you are charged is higher than the average locally for your sort of home, they will tell us what the average rent is.
• If they think the property is too large for you and your family, they will tell us what a reasonable rent would be for property of a suitable size.

Where the Rent Officer Service gives us more than one figure we must use the lowest. The example here helps to show this:

Example

The rent you are charged is £50.00

The Rent Officer tells us that this rent is high and a reasonable rent would be £45.00

They also tell us that this rent is higher than the average locally for your sort of home and the average rent is £40.00

The maximum rent we can use to work out your Housing Benefit is £40.00.

In this example, you would have to pay the difference of £10.00 each week to your landlord.

What happens if you cannot afford to pay the difference?

The government has given each Council some money to help people who experience hardship because of the shortfall in their rent. In Derby, we aim to pay extra benefit called Discretionary Housing Payment where we can. However, there is a strict limit on the amount available and there will be some cases where we can’t help.

If your rent is restricted and this is causing you financial hardship, please contact us and we will help if we can.

For more information, download our leaflet Housing Benefit Restictions for Private Tenants - 44Kb

How can you find out how much Housing Benefit will be paid before taking on a tenancy?

Download a Pre-Tenancy Determination Form or ask for one at our reception area on the Ground Floor next to the payments counters in the Council House or any local housing office  in the city. You can also request a form by email at benefit.enquiries@derby.gov.uk or by telephoning Benefit enquiries 01332 255122 or by textphone on 01332 255116.

Fill in the form and get your intended landlord to sign it. We then pass it to the Rent Officer Service who will tell you what level of rent would be used to work out your Housing Benefit.

You can download notes on how to complete a Pre-Tenancy Determination Form.