Up Up and away to the First Tier Tribunal again! 20 Nov 2020 | William Ford

This year we assisted in written representations for a welfare benefit case in the Upper Tribunal. This is a Housing Benefit appeal which started in 2017. The local authority (Westminster) feel that there is no commercial relationship between the client and her landlord. They rely on the first application for Housing Benefit having zero in the application form (as the rent was not finalised). The client has been paying rent through her other disability benefits. The appeal had several hearings and eventually the First Tier Tribunal found against the client. The client appealed and the Upper Tribunal found that there was an error in law which was one of procedure. A key witness was not heard by the First Tier Tribunal despite being available and would have been able to provide crucial evidence shedding light on the commercial contract with the client and her live in landlord. The matter was listed at the First Tier Tribunal in September 2020 as a remote hearing. Following representations to the First Tier Tribunal, a face to face hearing took place in November through an Exceptional Case Funding Legal Aid Certificate and the client was awarded benefits from 2017 to date.

If you have a housing issue and would like to speak to a lawyer in the Housing and Social care team call 020 7584 8811 or complete an online enquiry form.

Related Services:

Share this article

Contact

Contact us today

For a free initial conversation call 020 7485 8811

Email us Send us an email and we’ll get back to you






    More from WilliamVIEW ALL

    1. 29.1.2021What does the national lockdown mean...

      The coronavirus pandemic has caused disruption to all elements of life, and possession proceedings are no exception. The number of...

      Read more
    2. 23.12.2020EU Nationals with Pre-Settled Status entitled...

      Court Judgment means EU Nationals with Pre-Settled Status can access benefits and housing On 18 December 2020 the Court of Appeal handed...

      Read more
    3. 22.12.2020Young mother secures accommodation after illegal...

      Here at Osbornes we have seen illegal evictions on the increase during this global pandemic. Osbornes have been advising many...

      Read more
    4. 22.12.2020Osbornes applying to Supreme Court in...

      In the case of Gateway Housing Association –v- Begum (2) the Court of Appeal recently decided that a tenant must leave...

      Read more
    5. 22.12.2020Housing disrepair issues resolved after three...

      Osbornes were instructed on behalf of a disabled tenant who had been decanted from her temporary accommodation for some three...

      Read more
    6. 22.12.2020Eviction from home of vulnerable man...

      Osbornes were instructed just before the lockdown to prevent the eviction of a vulnerable man with capacity issues. He had...

      Read more

    VIEW ALL