Eligible rent restrictions in temporary LA housing

Hello

I’ve a client who has been placed in a 2-bedroom non-secure tenancy (owned by the LA). The client potentially only has a one-bedroom need as her daughter isn’t currently living with her full-time.

My understanding is that this accommodation is not exempt from the restrictions of eligible rent because the regs state:

3) In this regulation “temporary accommodation” means accommodation of a kind listed in paragraph (4) which the relevant authority makes available to the claimant, or which a registered housing association makes available to the claimant in pursuance of arrangements made with it by the authority—
(a)to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987; or
(b)to prevent the claimant being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.
(4) The accommodation referred to in paragraph (3) is—
(a)accommodation—
(i)provided for a charge, where that charge includes the provision of that accommodation and some cooked or prepared meals which are also cooked or prepared, and consumed, in that accommodation or associated premises; or
(ii)provided in a hotel, guest house, lodging house or similar establishment,
but does not include accommodation which is provided in a care home, an independent hospital or a hostel;
(b)accommodation which the authority or registered housing association holds on a lease and, in the case of an authority in England, is held outside the Housing Revenue Account on a lease granted for a term not exceeding 10 years;
(c)accommodation which the authority or registered housing association has a right to use under an agreement other than a lease with a third party.]

So i guess if the 14% is unaffordable it’s either DHP or challenging the suitability of the offer if it isnt affordable?

Is this correct?

Thanks in advance
Rebecca
http://dlvr.it/SDNnng

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