Right of appeal?

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  • #39143
    Chris Robbins
    Participant

    This is probably embarrassingly simple, but I am not sure of the answer…
    Decision made that an O/P (on change of address) is recoverable from both claimant and landlord as both failed to inform us of the move. LA uses its discretion to recover from landlord. Both parties notified of all aspects of this decision.
    Landlord appeals and provides evidence that his tenant did not give notice, did not hand the keys back, and he was unaware the tenant had gone.
    O/P decision revised to the effect that it is now ONLY recoverable from the claimant. Both parties notified.
    Does the claimant have the right of appeal?
    I can see arguments both ways. On the one hand the claimant was originally notified he was liable to repay and he failed to dispuite that decision (presumably because he wasn’t directly affected as we also said we were recovering from landlord). As he didn’t appeal then he is now way out of time.
    On the other hand the original O/P decision has been revised. Does that open a fresh right of appeal for both parties?

    #111046
    Andy Thurman
    Keymaster

    New right of appeal 🙂

    #111047
    Kevin D
    Participant

    Agreed – and both the clmt and LL are parties.

    #111048
    peterdelamothe
    Keymaster

    FROM recent decision CH/2923/2010

    “I pointed out that it would leave it open to the local authority to make a fresh decision (which is in effect what they sought to do in the concluding part of their submission to the Upper Tribunal) to the effect that the overpayment was recoverable from both the claimant and the landlord. Any such decision would, of course, confer fresh appeal rights”.

    #111078
    Anonymous
    Guest

    Where does estoppel come into this?

    #111089
    Kevin D
    Participant

    I guess this will depend on the wording of the letter to the claimant.

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