Heffernan, R (on the application of) v The Rent Service

Heffernan, R (on the application of) v The Rent Service

The Rent Service unlawfully fixed the LRR by failing to determine the extent of the locality in accordance with paragraph 4 of the Order, relying on immaterial considerations and internal guidance inconsistent with statutory requirements. The redeterminations must be quashed as the LRR could be differently calculated if the statutory criteria were properly applied.

Parties
Claimant: Daniel Heffernan; Defendant: The Rent Service
Jurisdiction
England and Wales
Judgment Date
10 October 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application allowed; redeterminations quashed.
Legal Topics
Housing Benefit, Statutory Interpretation, Local Reference Rent, Rent Officers (housing Benefit Functions) Order
Administrative Law Social Security Law Housing Benefit Statutory Interpretation Local Reference Rent Rent Officers (housing Benefit Functions) Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Daniel Heffernan

Claimant

The Rent Service

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Rent Service based its redeterminations of the Local Reference Rent (LRR) on a properly determined 'locality' as required by the Order
  2. 2 Whether the Rent Service wrongly excluded evidence in calculating the LRR, specifically non-transactional evidence of higher rents and rents determined as 'exceptionally high'

Ratio Decidendi

The Rent Service unlawfully fixed the LRR by failing to determine the extent of the locality in accordance with paragraph 4 of the Order, relying on immaterial considerations and internal guidance inconsistent with statutory requirements. The redeterminations must be quashed as the LRR could be differently calculated if the statutory criteria were properly applied.

Court Disposition

Application allowed; redeterminations quashed.

Orders

  • The two housing benefit redeterminations made by the Rent Service on 20th December 2004 and 25th May 2005 are quashed.
  • Defendant ordered to pay 80% of Claimant’s costs, subject to detailed assessment in default of agreement.