Terms & Conditions

[walmslm]

Following a decision that an overpayment is recoverable from a Landlord what appeal rights does the landlord then have?

As they are an affected person of this decision then I believe they have a right of appeal against the whether the overpayment is recoverable and also from whom the overpayment is recoverable from.

Does a landlord also have the right of appeal against the calculation of the overpayment? For example the income used, dates of the overpayment and so on

[jmembery]

Yes
The LL has the right of appeal agaist all those matters, including the fact there has been an overpayment, if it is recoverable, the calculation etc

[emmadring]

As far as I am aware, the landlord can appeal against the decision that the OP is legally recoverable under reg.100 and the decision that the OP is being recovered from them under reg.101. he cannot appeal against the decision to recover the OP rather than write it off.

I don’t think that he can appeal against the amount of the overpayment, since this is determined by a decision relating to the claimant’s entitlement to benefit. he is not a ‘person affected’ by decisions about the claimant’s level of entitlement under DA Reg.3.

[Kevin D]

There are CDs on this making it clear that if a L/L is a person affected, they absolutely have the right to challenge the calculation of benefit.

The only exception to this would be where the clmt has already appealed against the substantive decision. In such a case, the principle of “[i:2bf1df812e]res judicata[/i:2bf1df812e]” would normally apply – the L/L would not be able to get a “2nd bite” at the same decision.

Regards

[Anselmo]

I believe the landlord has fairly comprehensive appeal rights under the current regs, and that these probably do in fact include matters concerning how the o/p was caused:

Reg 3 of the DAR regs is clear that if recovery is sought from the landlord they are a “person affected”;

Reg 90 (1) of the 2006 HB regs is clear that any person affected gets a decision notice;

Reg 90 (2) states that any person affected “may request the authority to provide a written statement setting out the reasons for its decision [i:e81561a789]on any matter set out in the notice.[/i:e81561a789] (my emphasis)

Furthermore Schedule 9 para 15 (1) states that the decision notice that the landlord is entitled to (which he is therefore entitled to request reasons for, as above) must include, in subpara (b) “why there is a recoverable overpayment” and in subpara (d) “how the amount of the recoverable overpayment was calculated.

It seems to me that the policy intention is clearly that landlords should be able to dispute the detail of how an overpayment was caused and calculated, and that they can request relevant details – it does seem only fair.

I ought to declare an interest here – I work for a RSL!! 😉

[emmadring]

So what you’re saying is that the LL can challenge the assessment of entitlement where it results in an OP which the LA are seeking to recover from the LL. But if the change in entitlement does not result in an OP which the LA is seeking to recover from the LL, the LL cannot challenge it because his rights, duties and obligations are not affected.

That makes sense. Sorry! 😳

[seanosul]

Except out of now unlawful previous practice of billing a landlord for everything, why are you charging the landlord for a change in income anyway?

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