Pre-Tenancy Determination

From 7th April 2008 this is only available if you are considering renting a property that is exempt from Local Housing Allowance (LHA). click here for a list of exemptions and go to Local Housing Allowance for more information

LHA Exempt Properties

If you are thinking of renting accommodation that is exempt from LHA (not a housing association) and you are likely to need help from Housing Benefit to pay your rent, you can find out how much of that rent will be used to work out your Housing Benefit before you decide to rent the property. A pre-tenancy determination is a rental valuation by the Independent Rent Officer Service. This valuation gives you the rent figure which the Housing Benefit Office will use to work out your Housing Benefit. Remember that when your Housing Benefit is worked out it will take account of your income and other circumstances. The pre-tenancy determination does not guarantee that you will get Housing Benefit or tell you the amount you will get.

How To Apply

Fill in and sign thePre Tenancy Determination application  (Pease remember to check that the accommdation is exempt from LHA before completing this form) which asks you for details about the property you are thinking of renting.

• You will need information from the landlord to fill in the form and the landlord must sign the form as well.
• Once the form has been filled in and signed, send or take it to the Housing Benefit Office (details below)

What Happens Next ?

• The Housing Benefit Office will ask the Rent Officer Service to value the property and decide how much rent it would be reasonable to pay for it.
• If the Rent Officer Service has made a decision on that property on the same tenancy conditions within the last 12 months, that valuation will stand and the Housing Benefit Office will send you a copy of the decision. The information will help you decide whether you can afford the rent that you are being asked for.

The Rent Officer may need to look at the property you are thinking of renting. If so, he or she will make arrangements with the landlord to visit it.

• The Rent Officer will consider things such as the rent charged, what services are included in the rent, the number of rooms in the property, the size of your household, the length and conditions of the tenancy, and the general level of rents for property in the area.
• Using this information, the Rent Officer will decide how much the property is worth in the rental market and how much is generally paid in the area for a property of a suitable size for your circumstances. The Rent Officer will send copies of the decision to you, the landlord and the Housing Benefit Office.
• The decision stands for 12 months from the date it was made.

How Long Will It Take?

You should receive a reply from the Rent Service within 5 working days, although it can often be within 2 or 3 days.

What Will The Decision Tell Me ?

The decision notice that the Rent Officer sends you will tell you the maximum rent figure that will generally be used in working out your Housing Benefit. It will also give you other information including details of any services (such as laundry or room cleaning) paid for in your rent which Housing Benefit cannot help with. If you decide to take the accommodation, you should claim Housing Benefit immediately.

The Rent Officer's decision does not guarantee that you will get Housing Benefit, or tell you the amount you will get. This will be worked out by the Housing Benefit Office and will depend on your income and other circumstances. The maximum rent figure will go down if your rent includes charges for other items. The Housing Benefit Office can reduce the rent even more when they come to work out your benefit if the figure seems to be unreasonably high for your particular accommodation needs. You may be able to get some extra help with your rent if your circumstances are exceptional.

What happens When I Have Received The Decision?

If you decide to go ahead and rent the property and want to apply for Housing Benefit you will need to complete a full Housing and Council Tax Benefit application form

If you get Housing Benefit, it will be paid from the date of your Housing Benefit claim and not from the date of your pre tenancy determination application.

You can download a Housing and Council Tax Benefit application form  (248.61 KB) or request one from the Customer Service Centre.