When choosing an area over which comparisons of rents are to be made, the Service had to look at a locality which was no larger than was necessary to establish such a comparison. The choice of too wide an area resulted in the inclusion within the comparison of areas and localities of a different character. The result of that approach was to achieve the opposite of the purpose of the order. The area was so large that the poorer dwellings in it would bring the median down to a point which would drive out or pauperise otherwise eligible claimants. locality’ did not necessarily refer to a particular geographical or administrative area. It signified an area no greater than would enable rent officers reliably to make the specified calculations and judgments, and could not be a larger area chosen arbitrarily such as an entire town (in this case Stockport).
Judges:
Lord Justice Kennedy, Lord Justice Mummery and Lord Justice Sedley
Citations:
Times 06-Nov-2001, Gazette 15-Nov-2001, [2001] EWCA Civ 1559, [2002] HLR 613, [2002] HLR 32
Links:
Statutes:
Rent Officers (Housing Benefit Functions) Order 1997 (1997 No 1984)
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina (Catherine Dinsdale, Caloline Wilson, Barbara Shaw, and Safina Saadat) v The Rent Service Admn 2-Feb-2001
. .
Cited by:
Cited – Heffernan, Regina (on the Application of) v the Rent Service Admn 10-Oct-2006
The claimant sought judicial review of the redetermination of housing benefits payable in respect of two flats rented out by him. The rent office said that the regulations were merely intended to put in statute form the previous practice used when . .
Cited – Heffernan, Regina (on the Application of) v The Rent Service HL 30-Jul-2008
The appellant challenged the decision of the respondent to redetermine the rents for two properties, saying that the officer had wrongly interpreted the meaning of locality when looking for comparable properties.
Held: The determinations were . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 29 June 2022; Ref: scu.166729