Claimant’s situation while Local Authority HB dept. appeal to Upper Tribunal

Not sure of this- please help.
Housing Association tenant refused HB as capital (own home, uninhabitable- no C Tax liability) deemed too high. Appealed to F.T and won. LA immediately appealed to U.T and have suspended HB. Effectively no HB received (and no rent paid) for 3 years.
If property has deteriorated meanwhile such that value likely to be even less can claimant put in fresh claim even though HB still awarded, just in suspense pending UT (which could be a very long time).???
If not, any suggestions? (other than try to sell house which I don’t think he is willing to do.)

Two isues.

1.  The house has a value
2. That value will be disregarded, for circumstances such as where it was a previous home, while steps are being taken to sell it for 6 months and for longer if the LA thinks it reasonable.

What were the grounds for the win at tribunal?  If he’s refusing to sell the property I can’t see where any period of disregard comes from.

The LA won’t normally pay while the UT tribunal is pending.  Presumably they gave the client written notice that they intended to appeal and met all the time limit conditions?  They have had leave to appeal?

And, as an aside, how has he retained possession of the property if no rent has been paid for three years?  I know it is a housing association but even so!

Yes the house has a value- but the claimant believes it is very very low and I understand that was why the First appeal won. There are all sorts of complicated personal reasons why the claimant isn’t selling- I don’t think it will be possible to persuade him.

I think the landlord (actually I got it wrong it’s a Council not an H.A) is allowing tenant to stay because they agree with him that the value of the property is too low to go over the capital thresholds, and are holding out for a final win. After all claimant won at first appeal so someone agrees with him!

I understand the HB office have followed correct procedure.

What I am not sure about is whether he can put in a fresh claim- because the value of the property has gone even lower- while an award is in place even though suspended?

Thanks

I must be missing something here, but it seems to me that the simplest resolution is for him to get two or three written agents valuations of the property in its present state.  If they support his view of its low value then what case does the LA have?

This is so obvious that surely it has already been done?  If not, why not?

I agree, but its not a simple case and I can’t see the HB office backing down at this stage. If it was that easy they would have accepted the first tribunal’s ruling.

I still want to know if claimant can put in a fresh claim while an award is in place!! :-)

Thanks

So the council is supporting him in the appeal while the same council is the one appealing against him?

There are diminishing notional capital rules where deprivation of capital has occurred but I could only see those applying if he bought something that didn’t count as capital in the first place.  So even if he bought the house, that wouldn’t work.

I agree with the suggestion that he just gets a couple of proper valuations, even the free estate agent offers might work although they tend to be generous, and takes them to the HB department.

It’s not clear whether HB is suspended.  If the LA’s decision in the first instance was “nil HB”, there is no award in place to suspend.  If the FtT then changes that decision and awards benefit, the LA is entitled to appeal to the UT and the LA is under no obligation to pay HB until that appeal is resolved.  Essentially, the continuing appeal status means that finality has not been reached.

You say:

“its not a simple case”  Why not?  I can’t see anything more straightforward than demonstrating the value of the property.

and:

“I can’t see the HB office backing down at this stage”  Surely they would have no choice if a convincing valuation was provided?  Or are they going to set themselves up as property valuation experts?

Thanks for everyone’s helpful suggestions.
Just one thing, hbinfopb said
“If the UT overturns the FtT decision and confirms the original rejection of the HB claim, but the Council accepts that the value of my capital has in the meantime dipped below £16,000, please treat this letter as my claim for a further award of HB the earliest possible date.  I am content for you to hold off maing a decision on this claim until you have the UT’s decision on your appeal”

Why would he want them to hold off making a decision until the UT decision? Can’t we get a new claim in earlier? It could be years….

Great, I’ll advise that then, backed up by estate officer’s valuations.

Cheers

How long has this case been with the UT ? Have any directions been issued ?