Landlords are not party to tenants’ housing benefit appeals.
This was the outcome of a hearing in the Court of Appeal, the decision from which was published on 28th March 2012.
Specialist housing solicitor Kelly Evans of Swain & Co said, “Salisbury Independent Living Ltd. had sought to bring appeals against decisions in respect of housing benefit. The landlord obviously had an interest in the housing benefit payable. Sixty appeals had been lodged. The Court decided that the landlord was not a party to any of the appeals, but it could act for tenants who were content for them to do so.”
The Court held that the landlord could not act for missing tenants who had not continued or authorised the landlord to continue.
Kelly said, “The somewhat academic argument in the case centred on whether a landlord was a “persons affected” by the housing benefit decision. The Court decided that the statute was carefully drawn after consideration of the categories of persons to be included.”