CH/4234/2004 & decision notices

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    liz k

    We have a case where original overpayment was created and notified in 2005, so under previous version of Reg 101. Payment was made to the Landlord and so although recoverable from both Landlord and Tenant, recovery was sought from the Landlord.

    Following the above Commissioners decision there was a problem with the original decision notice issued and the parties need to be re-notified in line with CH/4234/2004, however I am unsure which Regs now apply.

    The original supersession in 2005 which created the overpayment is correct but it is the notice of that decision that was not. Can we issue a new notice dated today but using the Regs in force at the time of the creation of the overpayment, if so on what legal basis?

    However if we need to make a ‘new’ decision not just correct an erroneous notice I am assuming it would have to be on the basis of the Regs in force currently ie post April 2006 version of Reg 101?

    Has anyone had a similar case which has got to a Tribunal and if so which what was the Chairpersons position?


    It would be disingenuous of me to just reply when this being heavily debated on another post. Have a read. You wil work out where I stand.


    Mr Commissioner Mesher held in CH/3622/2005 that you must make a new recoverability decision. Its not simply a matter of correcting the notices.

    My view is that the new decision must come under the 2006 legislation

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