Hi

I'm just trying to check the appeal rights that landlords have regarding overpayments.

We were receiving HB direct for a tenant who abandoned the property. As soon as we realised we notified the LA. They have now invoiced us for a period both before we were aware of the abandonment and after. We have challenged the recovery for the period when we were not aware.

However before the tenant abandoned, we recieved notification from the LA that an extended payment had been granted for the entire period of the overpayment. If this is the case then there is no overpayment at all - under reg 72 of the HB regs - once an extended payment granted continue to be entitled even if move.

LA now saying not entitled to an extended payment - but won't give us the details of why the decision has been changed citing data protection. They suggest that we contact our tenant - when they know that he's abandoned.

I know landlords have the right of appeal against a decision to recover an overpayment from them, but what about the right of appeal against the entitlement decision that the overpayment is based on?

I've looked at R(H)3/04 but that seems to deal with appeals where there is no question about the overpayment itself.

Any suggestions or caselaw gratefully recieved.

Kate

Based on the info given, the LA's response is simply shocking.

Bottom line is that LAs are REQUIRED to provide sufficient info in order to make an appeal. Take a look at CH/3240/2007 - particularly paras 17 to 19.

Further, s.35(2) of the DPA provides that data subject to the exercising of legal rights (e.g. benefit appeals) is not subject to the DPA.

My advice is to make an appeal, giving the grounds as being that the o/p is not recoverable. Within the appeal, cite CH/3240/2007 and the DPA and make it clear to the LA you now require ALL of the info relevant to the appeal, with a "suggestion" that if the LA fails to comply, you will ask the Tribunal to issue a Direction to require compliance. Also make it clear in the appeal letter, that you reserve the right to provide further grounds of appeal once the info / evidence is provided. Further still, make it clear to the LA that it is not for the LA to decide what is relevant - CH/3240/2007 makes it clear that if there is any doubt, the info / evidence must be provided.

If the LA try to be "clever" and avoid sending the appeal to TTS, make a formal complaint and/or simply bypass the LA and go directly to TTS (citing & relying on R(H) 1/07). Bear in mind, once an appeal has been made, the LA must send it to TTS.

Thanks Kevin

The letter from the LA was in response to my appeal, but didn't mention forwarding to the tribunal service. So I replied stating that as they hadn't changed their decision in my favour they were now obliged to send it and I looked forward to their submission.

If they don't include the relevant information in the submission, they won't have grounds to revise or supersede their decision on the extended payment so no overpayment will have occurred.

Kate