I currently have 3 cases stayed by the tribunal service dating back about a year regarding recovering of Housing Benefit overpayment by LA. They were stayed pending the outcome of the "chiltern" rulings. Although the tribunal of commissioners came out with their difinitive ruling (I have to admit I could not understand it)the cases have continued to be stayed. The last I heard was that the dwp were laying new regulations to clarify what and how landlords could appeal.

When I did my regular check today with the tribunal service, I was told that they had been told a decision on these cases has been reached and are just awaiting instructions before listing the stayed cases.

Does anyone know what this deacision is?

The decision you refer to is actually the absence of a decision...

CH/5216/2001 (the decision following the Chiltern case), is the decision that has caused so many problems for so many people...

CH/5216/2001 was appealed by both the DWP, and as I understand it, at least one of the parties to that appeal (CH/5216/2001), to the Court of Appeal, (CoA). As I understand the DWP position, they disagreed with the 'narrow' interpretation of CH/5216 and landlord appeal rights. Whilst the appeal to the CoA was pending, all appeals (that TAS were aware of anyway), should have been 'stayed' pending the outcome of the appeal to the CoA.

The Commissioner's however refused leave to appeal to the CoA. An application was then made to the CoA, who also refused leave to appeal, (obviously being a Tribunal of Commissioner's decision, it must have been fairly well reasoned).

An RSL landlord then considered making a separate appeal to the CoA, and from what I understand, they dill-ied and dall-ied at the time period allowed expired. Have not heard anything else about it, so from my understanding CH/5216 stands, and no decision has been made, or will be made since CH/5216 was decided... obviously if an appeal has been made/accepted by the CoA someone else will post a message (?)... I do however understand that an amendment (clarification) of the DWP's policy intent (that landlords have 'wider' appeal rights), is being actively considered, and a change to the regs will occur in the future, though obviously that change will not be retrospective...

As to L/L appeal rights, and as my typing fingers are now sore, I have recently made some posts on that subject on another posting in rightsnet answering a point about landlord rights to appeal O/P decisions at ...

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=647&mesg_id=647&page=