I would appreciate some help with the following (pre LHA) rent restriction issues:

1) For the purposes of rent restrictions, am I correct that a single client with a dependant child renting a one-bedroomed property, would only have the local reference rent assessed for one-bedroomed properties as the dwelling does not exceed the size criteria?

2) Is a DHP a 'posession' for the purposes of article 1 of protocol 1 ECHR?

3) Does an internal appeals panel composed of local councillors, hearing DHP appeals breach article 6 ECHR?

4) Does anyone know of ANY high court cases concering DHP's? But Especially if they concern either of the two issues above.


My initial views on issues two and three are that a DHP cannot be considered a posession if it is not yet awarded and entitlement has therefore not been established. I think I remember a case concerning a future entitlement to state pension which basically said the same thing. Any ideas?

I don't think there is a breach of article 6 because of the discretionary nature of the DHP scheme, which does not actually provide for an independent right of appeal.

Thanks as usual for all comments.

I'll have a bash...

1) correct

2) & 3) As DHP's are not payments of benefit (see case law cited below), my non-lawyer view is that a HRA case would not be successful. I suspect the defence would be along the lines of arguing that there is no breach as there is a standard scheme in place and DHPs do not affect the "right" to that scheme. For want of a better description, DHPs are a "frill"; a "nicety" that the government is under no obligation to provide.

4) I am aware of one piece of case law (no HRA argument):

Gargett v LB Lambeth (2008)
www.bailii.org/ew/cases/EWHC/Admin/2008/663.html

Thanks Kevin.