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02 MAR 2012

Wirral Metropolitan Borough Council v Salisbury Independent Living Ltd [2012] EWCA Civ 84

Housing – appeals – “person affected” – whether a landlord has an independent right of appeal – relationship of statute to regulations

A landlord did not have an independent right of appeal as he was not a “person affected” for the purposes of housing benefit decisions. This was notwithstanding that, in reality, the commercial relationship was between the landlord and the local authority.
9 February 2012
Court of Appeal
Hughes LJ; Maurice Kay LJ; Lewison LJ
(i) Wirral Metropolitan Borough Council (W) appealed a decision of the Upper Tribunal that a landlord had an independent right of appeal in respect of housing benefit decisions. Salisbury Independent Living Ltd (SIL) was a landlord which rented numerous properties, most of whose tenants were in receipt of housing benefit. The level of housing benefit set by W has a direct impact on the rent SIL can charge.

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