Reply To: New BRMA

Peter Barker

There is no right of appeal against “so much of any decision of a relevant authority as adopts a decision of a rent officer under any order made by virtue of section 122 of the Housing Act 1996 (decisions of rent officers for the purposes of housing benefit)”- para 6(2) of Schedule 7 to the CSP&SS Act 2000.

I think the correct way to interpret that is to say that it prevents an appeal against anything decided by the Rent Officer and out of the authority’s control. You might have made a mistake about which BRNA the property is situated in, and the claimant can appeal against your decision on the grounds that the eligible rent is incorrect.

But if the claimant accepts that the property is in that BRMA and thinks it shouldn’t be then what he is objecting to is the RO’s methodology in fixing the boundaries. That is something you have no control over and nor does a tribunal, so it’s excluded from being a ground for appeal.