Appeal help needed = Asking for directions

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  • #31945
    sharonwarner
    Participant

    Hello!

    I am fairly new to appeals and so wonder if I could ask for some advice.

    here is the scenario.

    Claimant receives HB and this is paid to 3 successive landlords all sons or daughters of claimant.

    As a result of investigation, a decision has been made that there was never a true tenancy and claim has been cancelled back on Reg 9.
    HB o/p created which we originally sought to recover from claimant. We then changed our decision on whom to recover from and have issued decision notices to each of the 3 landlords concerned, all 3 of whom have now asked for a detailed statement of reasons.

    Claimant has appealed but not given any reasons other than he disagree’s with our decision.

    I would like to ask for Directions from the TS about whether all 4 appeals can be heard at once but as I only have a request for an SOR at this time from the landlords, am not sure that I can put the claimant’s appeal on hold as I don’t think this is fair. However, the landlords may give me information in their appeals which would be relevant and as a result of which, I may revise the decision relating to the claimant.

    I wonder if anyone could advise me on how to proceed and possibly, how to request directions from TS?

    #89348
    Kay_Tade
    Participant

    I would firstly write to the claimant to clarify the decision he is disputing and expand on his appeal[This should give you time to dea with the SOR] and then issue the SORs to the L/L[Assuming your termination reason is the same just 1 SOR dispatched to 3 L/L] and then see what develops.

    As you are seeking to recover the O/P from the L/Ls then they will be party to the appeal and you don’t need a direction from TS.

    #89349
    Kevin D
    Participant

    One quick observation. If the decision is that there was no liability at all, then HBR 9 is only engaged in the alternative. For no liability (e.g. shams), the relevant legislation is s.130 SSCBA 1992 in conjunction with HBR 8. If the decision is meant to be no liability; or alternatively, non-commercial or in the further alternative taking advantage, there needs to be a clear distinction between the different provisions in the explanations for each “prong” of the decision.

    I agree with Kay on the matters relating to the appeal. If a LL is a “target” instead of, or as well as, the claimant, they will both be parties to an appeal even if only one party appeals.

    NB: Was the claimant ever an owner (i.e. on the land registry)? If so, that would make life a good deal easier – nil HB on those grounds alone.

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