What happens if my rent is referred to the Rent Officer

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Last revised: 18 September 2008

Rent Officer referrals

In certain cases the Housing Benefit department must ask the Rent Officer to decide what the maximum rent that can be paid for your home is. This may be less than the rent that you are charged.

Remember that the amount of Housing Benefit you will receive will be the maximum rent that can be paid, minus the amount you can afford to pay towards your rent.

If your maximum rent is less than your actual rent charge, you will have to pay something towards your rent.

Rent Officer

A referral is made to the Rent Officer for all Housing Benefit claims made prior to 7 April 2008 where the tenancy is with a private landlord.  If you rent from a private landlord,  are claiming for the first time, have had a change of address or a break in your claim then normally your claim will be dealt with under  the Local Housing Allowance rules.  For more information please see the section on Local Housing Allowance.  

The Rent Officer will decide if the level of rent charged for the property is fair for the size and quality of the accommodation provided.  He will also look at the average cost of accommodation for the area your property is in and tell the Council what the maximum amount of Housing Benefit can be.  The Rent Officer does not always need to visit the property to make the valuation.

Size of the house

If your home is larger than your household needs the Housing Benefit department may not be able to use the rent charged as the maximum rent. It depends on the number of rooms there are in the property and the number of people who live there. One bedroom is allowed for:

  • a couple,

  • a person over 16,

  • two children under 16 of the same sex,

  • two children under 10, or

  • one child if they are an only child.

Additional rooms suitable for living in (for example, a lounge or dining room) are allowed on the following basis:

  • one for less than four people,

  • two for four to six people, or

  • three for seven or more people.

If your home is considered too large for your needs, the Rent Officer will decide what the maximum rent for accommodation of the appropriate size for your household is.

The amount of your rent

The rent officer will decide if the rent you are charged can be used as your maximum rent. If the rent officer decides that the rent you are charged is too high, then your maximum rent will be set on the basis of other rents in your area for similar accommodation.  If the rent officer has limited the amount of benefit you can receive you may be entitled to a Discretionary Housing Payment.

If you are under 25

If you are under 25, not part of a couple, or responsible for any children, your maximum rent will be for a single room, rather than for your own flat or house. There are some exceptions, and if you wish further information please contact us

Service charges that cannot be paid by Housing Benefit

There are some service charges that may be included in your rent charge that cannot be paid by Housing Benefit. Service charges that cannot be paid by Housing Benefit can include:

  • provision of meals,

  • personal laundry service,

  • personal alarm system, and

  • personal support and care.

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