Rent Officer Re-determinations

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    I have a claimant who disputes the Rent Service determination. He has asked for a re-determination and the Rent Service have confirmed the same figure.

    The claimant is aware that there is no appeal to the Tribunal Service and is determined to take the Rent Service to Judicial Review.

    My question is before he can start any Judicial Review proceedings, do we as the LA have to request a further re-determination under regulation 15 of the Pensioner regs 2006 and the claimant then has to make yet a further re-determination on the re-determination sought by the LA?

    Regulation 15 gives the LA a discretion as to whether to seek a re-determination and as I beleive it is unlikely the Rent Officer will change his decision, I would rather not bother.

    What I don’t want to happen is for the LA to say we are not seeking a re-determination and if the claimant does statrt down the JR route he is told it can’t proceed as the LA has the discretion to request a further re-determination and should do so before going further.

    On the other hand, it all seems a waste of time the LA asking for a further re-determination if we don’t have to do so.

    Kevin D


    In the circumstances, I would just go ahead with the request for a redetermination – so long as the clmt is aware the valuation could come back even lower!

    For what it’s worth, I don’t think you “have” to ask for a redetermination so long as any decision not to can be backed up with a reasonable explanation (to avoid any “fettering” arguments). However, by asking for the redetermination, any such arguments become null and void in any case.



    Thanks Kevin – will do that. It just means the claimant will have to ask for a further re-determination after our re-determination comes back with no change (as I’m sure it will) which will probably just wind him up even more than he already is.

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