Tuesday, 03 March 2015

transfers and the new affordable rent policy

Posted in: Need to Know | Ask the Experts

13/03/2012 7:42 pm

Unsuitable or offensive? Report this discussion

Sort: Newest first | Oldest first



dave inglis

dave inglis

Posts: 12

19/03/2012 4:54 pm

Have been adviced today that they will renew my secure tenancy,

The reason is because they have to,

look at this doc

Gregg Shap states that they must retain your tenancy and give you the same rights,

The only way that they can take away your secure tenancy is if the property is "an affordable rent property"

The only way they can make this an affordable rent property is if someone rents it on these terms,if the previous tenant had a secure or assured tenancy then this property is NOT an affordable rent property no matter what they say.

They still want to charge £280 rent per week though,

Just wondering if anyone has any thoughts about how they should calculate the rent,previously they just made it the same`as the previous tenants and then the rent officer reviewed it every 2 years,should this still be the case?

Unsuitable or offensive? Report this reply

dave inglis

dave inglis

Posts: 12

19/03/2012 4:55 pm

Sorry forgot to post link


Unsuitable or offensive? Report this reply



19/03/2012 7:03 pm

is this a transfer requested by you or a request to downsize requested by the HA?... For what I know, there are no secure tenancy available anymore,  so if you move into the new property make sure that there is something written on paper that yours is an ongoing secure tenancy... But while you can carry over the secure tenancy in the new property, I suspect the new rent you will pay will be depending on similar properties given to new tenants at the same time as you... If the request to downsize is from the HA you should have some compensation, plus removal expenses, etc... Before making any other step I would ask the HA for a full policy details in writing of what would happen in a case like yours.  I would also put to them in writing any doubts you might have and ask for a reply in writing from them.  Do not do anything without having written proof from the HA. 

Unsuitable or offensive? Report this reply

dave inglis

dave inglis

Posts: 12

19/03/2012 8:52 pm


I think the HA just want to re let all empty properties under the affordable rent scheme to make more money.

I looked at the TSA wesite and it states that if a secure tenant moves within the same HA stock then they must retain all the security of thier original tenancy,so the rent should be set by the rent officer.

When they told me that I would be retaining my secure tenancy they said the rent "might still be £280" ,,How can they say might  be they should know exactly what the rent is.

It seems to me that they do not have a clue about anything as last week they were adamant that the new tenancy would only be be granted as an affordable rent tenancy but now they have changed thier mind.

Is there anyway that I can find out if a fair rent has been set for the new place previously ? ,does the HA have to give me this information ?.

Obviously I wont be signing anything until I am 100% sure. Dave

Unsuitable or offensive? Report this reply



19/03/2012 9:50 pm

Maybe you have done it already, but you should write to your HA and ask to know if there was a fair rent set there.  Even if they refuse to tell you, you will have proof you have asked them in writing... If I wre you and not getting the answer I would go round to the new place and inquire as much as possible from neighbours to find out who the outgoing tenant was.  Also if the neighbours have been there for a while they would also know and just try to get from them what their rent is like... One thing I know, if the HA wants to, they have plenty of excuses and ways to deny any information.  It's a nightmare dealing with them.

Unsuitable or offensive? Report this reply



19/03/2012 10:00 pm

I would have thought that secure tenancy = fair rent... Ie the only rent applicable to a secure tenacy is a fair rent one, assessed every two years... It would be odd to have a secure tenancy with a rent of a temporary tenancy which would go up every year... However when the new place is first offered to you at £280 then you'd have to wait the next rent increase for the fair rent officer to assess the rent for the first time.  As you know the fair rent officer might also increase such a rent as well as lower it... So I would want to know when was the rent in the new place last assessed by a fair rent officer and when it will be the next time. 

Unsuitable or offensive? Report this reply

dave inglis

dave inglis

Posts: 12

20/03/2012 5:16 pm

Thanks for the info,as far as i'm aware the previous tenant lived there a while so the rent should be reasonable,

As you say the rent officer sets the rent and I am sure the rent officer will not say that they can charge £280 per week.

Do you know what the situation is as regards target rents

The average in Brent is £95.02 and the target is £101.05 no weighing as this is 2 bedroom

So i should be looking at around these figures

Unsuitable or offensive? Report this reply



Posts: 4

23/03/2012 1:41 pm

If you have a 'secure fair rent tenancy' with the housing association, I assume your tenancy began before 15th January 1989? If you want to transfer within the same housing association and, as long as, there is no time lapse between the end of your current tenancy and the new one, then you will have to be given a secure fair rent tenancy of the new flat. Your protection comes from Schedule one Housing Act 1988 (look it up).

It is very worrying that the housing association at first thought they could give you a fixed term tenancy of 5 years and charge a so-called 'affordable' rent. Both actions are entirely unlawful. It is even more worrying that I suspect this will happen increasingly. Why are staff not trained on the provisions of the Localism Act 2011 and the regulator requirements in terms of what happens to existing tenants like yourself?  Seek good local face-to-face advice from a CAB and/or law centre

Unsuitable or offensive? Report this reply

Rate this topic

  • 1 star out of 5
  • 2 stars out of 5
  • 3 stars out of 5
  • 4 stars out of 5
  • 5 stars out of 5

You must be signed in to rate.

Post a Reply

You must sign in to rate this topic or make a post

sign in register

Why not register?

Registration allows you to sign up for newsletters, comment on articles, add posts in the forums, quiz our panel of experts, and save articles and jobs in the My IH section.

Register now

Newsletter Sign-up

Most active members

Most recent posts

  • From rusty foley, 03/03/2015 1:52 pm in moving after the 42 mutual exchange deadline

    i have been waiting 44 days to find out if i can exchange,i phone every day but keep getting told it is been dealt with? i find the waiting very stressfull why cant the council juat say it is a yes or no then send the letterto to inform both parties.i i feel like just moving now,but after reading the comments,it seems better to wait both parties are in shelter housing,i am 82yrs old, can anyone give me advice on what i can do next,

  • From F451, 24/02/2015 4:38 pm in Query re RTB and affordable rent

    It would be so great to be allowed to discuss things in these areas again.

  • From Alan Ward, 23/02/2015 7:30 am in SECURE TENANCY

    Can housing association change my secured tenancy from a 2 bed to a 1 bedroom. I have complained for 15 years that my 15 year old bedroom is to small. Only can fit a single bed. That's all. Now they admit it's a 1 bedroom and want me to change my tenancy to a 1 bedroom also I have paid rent for 15 years and they say they owe me no arrears is this Legal?

  • From Alan Ward, 23/02/2015 7:23 am in Tenant's right to withdraw notice

    Hi. Can any one advice please. 15 years ago I swapped my 2 bed flat in Norwich to a 2 bed flat in Wimbledon. When I moved hear I questioned my then housing officer that the single bedroom was to small. After 15 years the housing associtation now say it's a 1 bedroom even though I have been paying for a 2 bedroom. Also they want me to change my secure tenancy from a 2 bed to 1 bedroom contract and tell me they owe me no arrears of rent. Is this legal?

  • posted Anonymously, 29/01/2015 8:09 am in Homeless occupant not being assisted by council

    Hi MFM.

  • posted Anonymously, 29/01/2015 8:08 am in Rehousing Of Council Tenant

    compenstion - yes, ask them.

  • From Rexroth, 19/01/2015 6:50 pm in To what extent can a RSL advise residents on financial matters.

    They need a licence.

  • posted Anonymously, 15/01/2015 11:17 pm in forced to end assured tenancy to start a joint one

    Can I ask as to how she is forcing you out? Has she asked you to leave or has she ended the tenancy? 

  • From Alan London, 13/01/2015 6:11 pm in Relationship break down and moving out with housing association tenancy

    Thanks. No info on the website regarding assignment or succession but in the tenancy agreement it only refers to the subject when talking about the death of the tenant. My partner is still quite young and although it would be nice to have the ability to assign...if it exists, there are other questions to be considered. Her job is not secure and she has been told that if she should need to claim housing benefit in the future then she would only be able to claim for half the rent should my name still be on the tenancy. Were ...

  • posted Anonymously, 05/01/2015 9:27 am in Housing Officer issues

    Hi Andrew,

IH Subscription