Terms & Conditions

[Anonymous]

Customer asks for a PTD and the RO says the rent is high and gives a Local Reference Rent £200 pm less than the rent.

Customer comes in and asks if he can ask for a redetermination even though he hasn’t moved in yet or even signed up for the tenancy.

Can he get a redetermination?

My immediate reaction was “No” but now I’m not so sure. 😕

[markp]

As I understand it…..

I don’t think a PTD itself is appealable and it only becomes so when it becomes the RO decision on which HB entitlement is based.

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

[Kevin D]

I agree. If there is no HB decision, there is nothing to appeal against through a Tribunal. In any case, the LA hasn’t “adopted” a ROD until relying on it for a HB decision and, even if it had been “adopted”, ROD’s are OOJ for a Tribunal [[b:5fa071b1b8]CSSPCA 2000; Sch 7, para 6(2)(c)[/b:5fa071b1b8]].

Therefore, the only option available to the clmt is JR – that would be directly against the R/O. The LA plays no part in the matter until a claim and then a HB decision is made.

Regards

[Anonymous]

Although the claimant’s right to force a redetermination undefr Reg 16 only arises after you have made an HB decision, the way I read Reg 15 there is nothing to stop you from making a redetermination application on the Council’s initiative before you have made an HB decision. Even thougfh the claimant does not at this stage have the right to make you do that, is there a good reason not to? I think I would apply for a redetermination

[Author]

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