Terms & Conditions

[j parkin]

I have an appeal from a landlord against a defective claim (failure of claimant to confirm the date they moved in after providing contradictory information) that I referred to TTS as out of jurisdiction.

TTS have said that it is in their jurisdiction, but I dont agree. As I understand it, a landlord has limited appeal rights as a person affected and this issue is not covered.

TTS have said that it is within their jurisdiction because it concerns ‘a refusal to award benefit against which an appeal lies’.

I am aware that the right of appeal was extended to claimants with regard to this but not landlords.

Have I got it wrong, and if so can someone enlighten me and point me in the right direction.

The only thing I can think of is that the appeal is in jurisdiction but doomed to fail, per the old misconceived appeal scenario.

[peterdelamothe]

I cannot see how it can possibly be in jurisdiction. A landlord cannot claim Housing Benefit and until and unless you decide to determine the claim (and / or pay although that is more arguable) , they do not become a “person affected”. Have you even made a decision on the claim? If not, TAS cannot possibly rule on it.

But why did you send it to TAS in the first place? Did you hive the LL the right to appeal? Why? On what basis?

[Anonymous]

I would agree with you. A landlord does not have the right to appeal against a claimants entitlement (or in this case nil entitlement) to HB. Only the claimant has the right of appeal against an entitlement decision. Have you advised the landlord to contact his tenant regarding an appeal?

The Landlord doesn’t even have the right to know the claimant made a claim for HB in the first place, so how has he got the right to appeal? – he may not be aware of the full finacial circumstances of his tenant! – How can you send the Landlord personal info contained in a submission showing why HB cannnot be awarded? – surely this doesn’t comply with Data Protection?

TTS have got it wrong AGAIN!!!

[Nicky]

I think from the outset this should have been treated as a not duly made appeal as it has not been signed by the person affected (in this case the claimant as a landlord cannot be a person affected by a decision to refuse to award HB).

You would then have needed to ask the claimant to sign the appeal and if they failed to do so within 14 days send it to TTS as a not duly made appeal using box d on the AT37.

It is unlikely they could have admitted it in that case.

[markp]

I’m with everyone else on this, in that TTS should not be entertaining the appeal. The appeal has been made by a person “unaffected” by the decision. I suspect that by adding the claimant’s signature now would make it late as well. To some degree that may not be necessary, depending on how the appeal is worded and that I don’t know.

However I’m not totally convinced that the appeal should be be submitted as OOJ. I think that you should re- submit it as made by a person unauthorised to act and see what TTS say. Mind you, from bitter experience, TTS will state that they want to hear the appeal because the chairman who admitted it says so!!!

Therefore, it’s likely that you will eventually have to do a full submission – sorry about the gloomy bit!!

Do I know what I'm doing? The jury's out on that........................

[peterdelamothe]

I just cant say how you can even submit the appeal. However you do so, you will inevitably have to include a load of personal details. Does the claimant even KNOW about this?

How would others feel if they found out that all their personal papers etc. had been discussed before a statutoty tibunal without their request, authorisation or agreement?

[j parkin]

Just for information –

The right of appeal was never given.

The HA in question, after the claimant had vacated to NFA without benefit being paid, decided of their own volition to 1. pursue payment of the claim, and 2. appeal when they were told verbally that the claim could not be paid.

I couldn’t see that we could put it through as not duly made because the claimant had never objected to the decision not to pay. However we decided that the landlord should be told by TTS that there was no right of appeal – …we should have just rung the landlord and told them they had no option but to withdraw the appeal

[Kevin D]

In my view, a polite letter should be sent to TTS pointing out that the L/L is not a person affected and, therefore, has no right of appeal (quote the DAR).

If the response from TTS is to prepare a submission, by all means do. However, I’d restrict the submission solely to the fact that the L/L does not have a right of appeal. I’d continue on that line even if directed otherwise. If a Tribunal subsequently finds in favour of the L/L, it would one of the easier cases for Commissioners ……

Regards

[Anonymous]

Hmm, some good advice and observations here.

One thing though, is the landlord in question claiming to be an appointee/representative of the claimant? do they knoiw something that you dont?

How did you manage about Ctax?

[Anonymous]

Just a thought but why not ask them for a copy of the decision in which they are named as the affected person and against which they are appealing.

[j parkin]

In the end I took the advice of Kevin D. A politely worded letter poining out the error made and the reasons why the decision was out of jurisdiction, and of course requesting that the decision be changed.

I will post as soon as I get the response.

[Author]

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