Plymouth City Council v AB Gigg (1997)

A landlord appealed against a decision ordering him to repay housing benefit that had been paid directly to him in respect of a tenant who left his property without giving the required notice and then claimed benefit for the same period at his new accommodation.
The council contended that its decision (made under the Housing Benefit (General) Regulations 1987) was a public law matter, so could be challenged only by the review procedure under Reg.79 or by way of judicial review.

HELD: The Court of Appeal dismissed the appeal, as where a local authority seeks to recover overpaid housing benefit a landlord cannot raise a defence based on a breach of statutory duty. The decision could be challenged only under Reg.79 or on judicial review grounds.


Citation: Plymouth City Council v AB Gigg (1998) 30 H.L.R. 284