UK Property Law
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FOR JOMO 1972
what further information do you require??
my daughter receives some housing benefit which only covers some of the rent. Her mother who is her landlord only makes her pay rent equal to the amount of housing benefit she receives. She should pay the top up out of her income but she cannot normally afford to do this.The council have suspended her housing benefit until she can provide proof that she pays the top up.
My question is can the council insist that she pays a top up and if she did have they any legal right to see evidence of this.?
It would appear that the council are discriminating against my daughter because she is related to her landlord as my understanding is that a landlord can charge a tenant what ever rent is agree with the tenant, in this instance the rent charged is exactly equal to the a amount of housing benefit my daughter receives. Can we tell the council that they are acting unlawfully/
FOR MOJO 1972
I am sorry but what is the AST? I also do not understand your question
" refer to a some which includes the top up" ???
Yes the original AST showed a rent at a higher level than the housing benefit being paid and taken as rent.
However there was no mention/ reference on the AST of any top up payments.
I deal with these matters on my wife's behalf and I have assumed that the rent can be changed up or down as agreed between the landlord and the tenant throughout the life of the AST.
I am sorry but I do not understand. You say "reliant upon the declaration that she will pay top ups" My daughter never made a declaration that she would pay top ups. My question was can the council insist that she pays a top to the full value of the original rent on her AST.
Are we not entitled to change the rent value on a AST?