Reply To: Decision that may cover multiple HB regs

Peter Barker

“This is more about presenting an appeal to a Tribunal rather than a specific regulation. What you want to avoid is the same case returning to a Tribunal when it could have been dealt with at the same hearing. Costly and time consuming and usually unfair to the claimant.”

Not only that, if you put all your eggs in (say) the commerciality basket and the Tribunal decides that the tenancy is on a commercial basis and the claimant is therefore entitled to HB, you cannot start again with a different reason for refusing HB. There is no power to revise a Tribunal decision: your only recourse would be to try an audacious UT appeal on the grounds that no Tribunal in its right mind presented with those facts would have missed the obvious relevance of (say) renting from an ex partner or trustee of a trust … to which the UT’s likely answer would be “if it’s so obvious why didn’t you rely on it in the original Tribunal?”

So yes, line up the alternatives and address each one in the decision.