RSL Appeal Rights

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  • #39242
    Anonymous
    Guest

    I’m after some advice… we have decided that a ‘Housing Association’ is not an RSL and the residents should be treated under LHA rules. The question is… can the landlord appeal against us not treating them as excluded? :~

    #111418
    Chris Robbins
    Participant

    They must have the right of appeal.

    See CH/3186/2009.

    #111419
    Kevin D
    Participant

    The jury is currently out on the extent of landlord rights.

    In [b]Salisbury Independent Living v Wirral MBC (HB) [2011] UKUT 44 (AAC)[/b] (aka CH/3186/2009), the outcome was such that it may well give landlords sufficient rights to appeal against the type of decision you refer to. HOWEVER, Wirral MBC has been given leave to appeal against the Upper Tribunal’s decision. The case is currently exprected to be heard in the Court of Appeal in January 2012.

    Strictly speaking, it could be argued that the law currently is to provide appeal rights to a landlord. However, I’d make it clear this is dependant upon the outcome of Wirral / Salisbury and, should the LL appeal, I’d ask the FtT to stay such cases pending the Court of Appeal judgment.

    #111438
    Anonymous
    Guest

    CH/3186/2009 was based on very specific circumstances. There were multiple appellants most of whom had signed the appeal letter. A couple had either died or moved away and their signature could not be obtained – the landlord was allowed to appeal on their behalf. Notwithstanding the forthcoming Court of Appeal decision, it is certainly arguable that the Salisbury decision does not extend to circumstances where the claimant is able to appeal on their own initiative.

    Of course in most cases it will not be hard for the landlord to obtain the necessary signature.

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