Terms & Conditions

[Anonymous]

Can anyone please advise me on the correct procedure to follow with ths scenario please – I’m not sure what to do! We refused HB to a customer based upon the fact that they had a long tenancy and we considered the tenancy was not on a commercial basis. The TS upheld our decision. The customer reprsentative has requested the decision to be set aside under Reg 57 – her submission was not received by the Chairperson until the day of the hearing. We have not been notified yet whether the decision is to be set aside or not. In the meantime, the customer has submitted a new app, with a new tenancy agreement, new rent level etc. Do we make a decision on this new app, regardless of the fact that we are waiting to hear if the first one has been set aside yet or not? Or do we wait until the outcome of the set aside is known? As the tenancy details differ, should a new decision be notified or not? Thanks. Therese

[Kevin D]

My view is that a new claim needs a new decision. I’d deal with the new claim as a separate entity and not wait for the appeal on the previous claim.

As an aside, I note the info about the terms of the tenancy changing. I’d probably make another “long tenancy” decision (on the basis that the old one cannot be rescinded and/or the new agreement has no substance – it is merely a sham) and, in the alternative, liability has now been created to take advantage etc…. I don’t imagine for one moment that there would have been a new “agreement” if it wasn’t for the issue(s) relating to HB.

Regards

[Anonymous]

Thanks for your reply Kevin – I agree with what you have put: amongst the other elements, the tenancy that is now created has certainly been contrived. Thanks for your help. Therese

[aosulliv]

Therese,

CH/3743/2003 is a good decision in respect of ‘sham’ arrangements.

[Author]

Posts