PART 3Payments in respect of a dwelling
F1When a maximum rent (LHA) is to be determined13C
1
A relevant authority shall determine a maximum rent (LHA) in accordance with regulation 13D (determination of a maximum rent (LHA)) in any case where paragraphs (2) or (3) apply.
2
This paragraph applies where a relevant authority has received—
a
a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;
b
relevant information regarding a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;
c
in relation to an award of housing benefit where the eligible rent was determined without reference to regulation 13A or 13D, a notification of a change of dwelling (as defined in regulation 2) where the change occurs on or after 7th April 2008; or
d
in relation to an award of housing benefit where a maximum rent (LHA) was determined in accordance with regulation 13D—
i
notification of a change of a kind which affects the category of dwelling applicable to the claim;
ii
notification of the death of a linked person, where the notification does not fall within head (i); F8...
iii
notification of a change of dwelling F9or
iv
notification of a change of a kind which affects the amount of the claimant’s cap rent as determined in accordance with regulation 13D (determination of a maximum rent (LHA)).
F63
This paragraph applies on 1st April in any year.
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5
This regulation does not apply in a case where—
F3a
the landlord is—
i
a registered social landlord,
ii
a non-profit registered provider of social housing, or
iii
in relation to a dwelling which is social housing (within the meaning of sections 68 to 77 of the Housing and Regeneration Act 2008), a profit-making registered provider of social housing;
b
paragraph 4(1)(b) of Schedule 3 to the Consequential Provisions Regulations (savings provision) applies;
c
the tenancy is an excluded tenancy of a type F2mentioned in any of paragraphs 4 to 11 of Schedule 2;
d
the claim or award relates to—
i
periodical payments of kind falling within regulation 12(1) (rent) which a person is liable to make in relation to a houseboat, caravan or mobile home which he occupies as his home; or
ii
rent payable in relation to a hostel; or
e
rent under the tenancy is attributable to board and attendance, and—
i
the relevant authority has made an application to the rent officer in accordance with regulation 13D(10) (board and attendance determination), regulation 15 (applications to the rent officer for determinations) or regulation 17 (substitute determinations or substitute redeterminations); and
ii
the rent officer has determined that a substantial part of the rent under the tenancy is fairly attributable to board and attendance and has notified the relevant authority of this in accordance with article 4C, 4D or 4E of the Rent Officers Order.