There is no right of appeal against rent officer determination. Does this mean that the only route of challenge to, for example, an unexplained reduction in local reference rent is by judicial review? If anyone has a letter of claim they'd be prepared to share that would be appreciated.

What about the HB decision based on RO determinations. Presumably if the LA have followed all the proper procedures an appeal on the HB decision would be bound to fail?

This has been prompted by recent strange reductions in LRR and a rumour that the rent service are reducing LRR in preparation for LHA (i.e. LA's pay less benefit)?

Can anyone shed any light on either appeal rights or the suspected underlying LHA issue?

Thanks,

I can't shed any light on conspiracy theories about any connection with LHA - but nothing would surprise me...

However, the options for the rest are as follows:

1) the clmt can ask that the LA rerefers back to the RO for a redetermination - a kind of pseudo appeal.

2) any appeal as to the LA adopting the ROD is not within the jurisdiction of an appeal Tribunal.

3) JR is the only approach if the redetermination is still "questionable".

Some recent case law may be of help (the RO Service didn't properly consider the areas when considering valuations):

R(oao Heffernan) v Rent Service (2006)
www.bailii.org/ew/cases/EWHC/Admin/2006/2478.html

Previous cases involving the RO include:

R(oao Cumpsty) v Rent Service (2002)
www.bailii.org/ew/cases/EWHC/Admin/2002/2526.html

R(oao Saadat & anors) v Rent Service (2001) **
www.bailii.org/ew/cases/EWCA/Civ/2001/1559.html

** High Court judgement also on Bailii:
www.bailii.org/ew/cases/EWHC/Admin/2001/65.html


Er, happy reading.....

Thanks very much Kevin - I'd better start reading...

The Rent Service has recently been undertaking a review of “localities” in preparation for LHA.

In some areas (such as my LAs) this has lead to increases in the level of LRR, in others there has been no change, and in other still the level has reduced.

I'm sure you've already thought of this but just in case you haven't, possible help from descresionary housing payments might be a way forward.

However, should you feel strongly that the assessment does not stand as fair, I'd be tempted to lodge an appeal anyway to test the water by citing artlcle 6(1) of human rights act. Surely the determination of the rent level is a determination in respect of the claimant's civil right. That said mind, is a rent officer independent of the LA? Mmmm, and is the determination of the rent officer a determination in public by an impartial tribunal? I think it is not. Must be some millage in an appeal. I'd run it the Regional chair and see what s/he thinks. No harm in asking as they say. Yep, I'd definately pop a GL24 in and see what happens. Good luck. If you want a chat about this last bit, please free to give us bell.

Thank you.

The issue of HRA has already been looked at. There is no breach of the HRA - the option of JR is considered to be sufficient remedy.

even if the client could possibly afford this kind of legal action? Surely the remedy has to be accessible to be sufficient (and fair)...?

Aspects of the HRA were considered in Cumpsty - well worth a look in the context of whether Article 6 is satisfied (or not).

I'm just wondering that following the decision in Tsfayo (notwithstanding the earlier decision in Cumpsty - distinguished)whether a further article 6 argument may be made because judicial review cannot provide an effective remedy because it only deals with the lawfulness of the decision and not its merits.

Tony,
Here is a useful (AND ABRIDGED) note from p246 of Welfare Benefits and Tax Credits Handbook 2007/08.
Regards, Robbie Spence, Essex CC

Chapter 11: Housing benefit rent restrictions
2. The 'local reference rent' rules
Challenging rent officer determinations

You cannot appeal against the rent officer's determinations. However, the local authority can ask for them to be redetermined on your behalf. You must apply to the local authority in writing no later than six weeks (from 1 October 2007, one month) after the date you are notified of its decision on your HB claim. The local authority must then apply to the rent officer for a redetermination and pass any representations you make or evidence you supply to her/him within seven days. In practice, if you seek a revision or appeal against a HB decision and this relates in whole or in part to the rent officer's determinations, the local authority should apply for a redetermination.

While it is not easy to challenge rent officers, it may be possible in some circumstances. If, for example, the rent officer has said your rent is significantly high, you may be able to get her/him to reconsider by providing evidence of similar tenancies where tenants who are not on HB are paying the same rent as you. The rent officer must get the advice of one or two other rent officers and notify the local authority of her/his decision within 20 working days.

Note: you can appeal against local authority decisions made in connection with rent officer decisions – eg, whether you are a 'young individual'. If you are in doubt, you may want to appeal and ask for a redetermination.

redertermination was done a couple of weeks ago and it was unchanged. I requested reasons from the rent service which were detailed and well-considered. The only question is about the way they have modelled the locality - using the whole of Reading Borough (quite big), plus some wards from neighbouring authorities.

On the whole, it looks like we'll have to drop this one and recommend a DHP.

It looks as though jmembery's explanation is the most reasonable in the circs.

Thanks all for your contributions.