History Anyone?

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    Leonard Payne

    Can someone help me with a reference.

    Sometime ago there was an argument in Birmingham – Rosni Domestic Violence Refuge where the provider claimed that rents were not really excessive because alternate providers were receiving Supported People revenue (2016] EWCA Civ 1211)

    However I believe there is another Appeal Court case that decided it was totally irrelevant if the provider was getting funds from elsewhere, The only thing that mattered was the amount being charged for HB

    Anyone have a reference please?

    Peter Barker

    Is it not the same case?

    At UT level, the Judge said that Birmingham could only say the rent was unreasonably high after levelling the playing field and adjusting the comparator rent to account for the support contract.

    Birmingham appealed to the Court of Appeal, and the court said that the funding disparity was not relevant to the question of whether the rent was unreasonably high: the issue is whether the rent is reasonable for the claimant to pay, not whether it is reasonable for the landlord to charge. However, when it comes to the amount of the restriction to be imposed, that is discretionary and at that stage the Council should have due regard to the reasons why landlord A needs to charge more than Landlord B. The case was remitted to the UT for that discretion to be exercises, with an expectation conveyed that the restriction might only be a token amount like £1 or so.

    The record will show that Birmingham won their appeal, but don’t say to a Birmingham HB officer “Hey, I saw that appeal you won – nice result!” Imagine a Brummie saying “Ha! Won, did we? I’m glad you think we won. It’s a good job we didn’t lose. ‘Won’ indeed. Pah!”

    Leonard Payne

    Thanks Peter – You’re a scholar and a gentlemen sir

    In relation to your last paragraph:

    “You may certainly think that but I certainly couldn’t comment”


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