[2025] UKUT 125 (AAC)

Appeal No. UA-2024-000493-HB

Between:

Capital Housing Association Limited

Appellant

- v -

London Borough of Ealing

First Respondent

and

SR

Second Respondent

Before: Upper Tribunal Judge Wikeley

Upper Tribunal Judge Wright

Upper Tribunal Judge Smith

Representation:

Appellant: Bill Irvine, accountant

First respondent: Francis Hoar of counsel

Second respondent: Litigant in person

On appeal from:

Tribunal: First-tier Tribunal (Social Entitlement Chamber)

Tribunal Case No: SC242/22/00076

Tribunal Venue: Fox Court, London

Decision Date: 30 November 2023

SUMMARY OF DECISION

This is a decision by a panel of three Upper Tribunal judges about whether an overpayment of housing benefit paid to a landlord was recoverable from the landlord. The legal issue of special difficultly for which the three-judge panel had been appointed did not in the end arise. The appeal is dismissed because the arguments made by the landlord were no more than evidential reargument. The decision addresses the scope of regulation 101(2) of the Housing Benefit Regulations 2006.

KEYWORD NAME (Keyword Number) 16 (housing benefit); 16.7 (recovery of overpayments)

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judges follow.

DECISION