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Up Up and away to the First Tier Tribunal again!

Solicitors in London

Up Up and away to the First Tier Tribunal again!

News article published on: 20th November 2020

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.

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