Legal News

The Court of Appeal in London has ruled that Local Authorities need to use a wider interpretation of the term “adapt the dwelling” when assessing housing benefit claims for people with disabilities.

The term previously applied to the structure or fabric of a property for the purposes of assessing housing benefit. However, the Court of Appeal has ruled that other factors such as essential redecoration and carpeting should also be taken into account for the purposes of assessing housing benefit claims for tenants with disabilities.

Online publisher 24Dash.com reports the recent case of R. v London Borough of Lewisham, which involved a kidney dialysis patient who claimed housing benefit from nearly two weeks before his new tenancy began.

The flat he was moving to required extensive redecoration to ensure that his home dialysis took place in a sanitary environment.

Lewisham Council accepted that the works needed to take place before the tenant moved into his new property – but refused his claim for housing benefit, saying it did not fall within the accepted definition of the term “adapt the dwelling”, which related to the structure and fabric of a tenant’s council property.

The tenant – Mr Mahmoudi – appealed the decision of the housing benefit service but his appeal failed at both the First-tier Tribunal and the Upper Tribunal.

However, the Court of Appeal allowed Mr Mahmoudi to continue with his appeal to establish the scope of the term “adapt the dwelling”, saying that the definition used at the Upper Tribunal hearing had been “too rigid”.

The court examined Mr Mahmoudi’s disability and his needs to enable these to be considered in the light of the works required to his council flat before he moved in – and whether the works needed to be completed before he could move in.

The court also took into consideration the needs of any relevant family member who might have a disability and who would be moving into a property with a housing benefit claimant – and whether any delay to proposed works would be reasonable in the light of the needs of a Local Authority tenant or family member with a disability.

The Court of Appeal ruled that Local Authorities should assess housing benefit cases involving adaptation to a dwelling on a case-by-case basis, rather than using too narrow a definition of the term “adapt the dwelling”.

The Court found that in cases of tenants with disabilities where adaptations were necessary, the dwelling was being adapted to meet a specific disablement need – for example, in the case of Mr Mahmoudi, the property he was moving into needed to be clean and redecorated before he moved in, to ensure that his home dialysis treatment would be safe.

The Department of Work and Pensions (DWP) is issuing guidance to Local Authorities on how the new ruling may be interpreted to help meet the needs of tenants with disabilities who are claiming housing benefit.

In some cases, this may mean councils making “dual payment” housing benefit awards to tenants while essential works are taking pace to their new homes before they move in.

Duncan Lewis Housing Solicitors

Duncan Lewis is a leading firm of housing solicitors and can advise Local Authority tenants on housing benefit, disrepair and Landlord & Tenant issues.

Duncan Lewis housing solicitors can also advise on unlawful eviction – and Duncan Lewis is one of the leading UK providers of Legal Aid services.

For expert help with housing law contact Duncan Lewis housing solicitors on 020 7923 4020.