The Local Housing Allowance (LHA) is the new name for Housing Benefit for tenants of privately rented accommodation. No one will lose out and many will be better off.

LHA is a flat rate allowance towards rent costs, calculated on the basis of the circumstances of the tenant (such as family size) and the broad area they live in. The scheme has been designed to pay the same amount to tenants with similar circumstances living in the same area. It is intended that tenants will trade between quality and price of their accommodation.

• Local Housing Allowance - Rights and Responsibilities [PDF] (114k)

For example, if your rent is less that the 'Rent Service determined' LHA for the type of property you need you will be able to keep any extra money. However, if your rent is more than the LHA you will normally have to pay the extra yourself.

You will not be affected by these changes if:

• You rent your property from the council
• Your landlord is a housing association
• Your rent has been registered as a 'fair rent'
• Your tenancy started before 1989
• You live somewhere where you are provided with care, support or supervision
• You live in a caravan, mobile home or house boat.

The benefit scheme is being changed to make it fairer and easier. As well as some people receiving more money, in most cases LHA (local housing allowance) will be paid directly to tenants as opposed to the landlord.

The allowances are set by The Rent Service each month and are available from the monthly rates page, as well as being published in the council and Citizens Advice Bureau offices. These are the maximum amounts that customers will be entitled to depending on income, savings and circumstances. The claim is based on the rate applicable for the month the claim is made and will be reviewed after a year unless there is a change in circumstances.

Unless a claimant is vulnerable, LHA is paid directly to the tenant. Information on how to apply for payments to be made to the landlord can be found on the LHA payments page.

Local Housing Allowance Rates

You can obtain further details from the the housing benefits information leaflets page or visit the Direct Gov website (this page opens in a new window).

Vulnerability
In order to protect vulnerable customers, we will use our discretion in deciding whether housing benefit should be paid to the landlord as opposed to the customer. The following criteria will be considered when deciding to whom benefit should be paid.

Aims and Objectives

• Protection for the most vulnerable customers, providing reassurance that their rent will be paid
• To help prevent rent arrears and customers being put at risk of eviction
• To reassure landlords that rent charged will be paid if they have vulnerable customers or are approached by vulnerable customers
• To help put customers in touch with other agencies/support groups where they are given the support to manage their own affairs
• To ensure council officials make fair, responsible and consistent decisions
• To promote and publicize a process which is widely understood
• To treat each case independently and on it's own merits

Procedure
The customer or customers' representative makes us aware that they would prefer their LHA to be paid to the landlord. The request needs to be supported with written evidence from a third party. Information and evidence will be considered from, amongst others:

• Social services
• DWP
• Reputable financial institutions
• Courts
• Support or advisory services e.g. CAB
• Doctor

Evidence from a landlord cannot be accepted alone.

Making a decision
The manager of the housing benefits service will make the decision on each case. The decision will be made on the basis of having regard to all of the available facts. In all cases one of two decisions will be made:

1. The customer is vulnerable and payment of LHA will be made to the landlord, or
2. The customer is not vulnerable and payment of LHA will be made to the customer.

Notifying affected parties
The customer and/or their representative will be written to and advised of the following:

• The decision and reasons for it
• If and when the decision will be reviewed
• Appeal Rights
• Advice agencies, voluntary or statutory organisations which will be able to help
• Contact details for the CAB money advice service if they do not have a bank account and will be receiving excess LHA themselves

The landlord will also be written to and advised:

• If the tenant has been found vulnerable and we will pay them, the landlord, LHA up to the contractual rent
• If and when the decision will be reviewed
• Request bank details if not previously received
• If the tenant has been found not to be vulnerable, the landlords' appeal right against this decision

Benefits Service
Guildford Borough Council
Millmead House
Millmead
Guildford
Surrey
GU2 4BB

Tel: 01483 444884
Email: benefits@guildford.gov.uk