Haringey LBC v Awaritefe (2000)

Haringey LBC appealed against a decision setting aside an order that a landlord was liable to repay £1,015.66 in overpaid housing benefit. The order had been set aside on the ground that, applying the decision of a previous case, a failure by Haringey LBC to comply precisely with the further review notification requirements of the housing benefit legislation prevented recovery by way of county court action.

HELD:
The Court of Appeal allowed the appeal, as the facts of the previous case differed substantially to those of the current case. Haringey LBC’s actions had not deprived the landlord of her right to a review nor of the opportunity to make further written representations, and it should be considered whether the landlord had suffered substantial harm due to the breach. Breach of a procedural requirement was not determinative as to the validity of Haringey LBC's decision. On the facts, Haringey LBC had materially complied with the legislative requirements and there was no reason to find that the landlord would not have been granted a review of the housing benefit review board decision if she had requested it. Haringey LBC was not debarred from seeking recovery of overpayment despite the technical errors.

Citation: Haringey LBC v Awaritefe (2000) 32 H.L.R. 517