Review of Decision

A tenant can apply for a Review of Decision when they have received formal notification of and disagree with a decision relating to:

• the assessment or re-assessment of whether:
  • they qualify for social housing
  • their current social housing property still meets their needs
• the calculation of their Income Related Rent
• the establishment and recovery of Income Related Rent debt

A tenant can appeal to the Social Security Appeal Authority when they do not agree with a decision which was upheld by the Benefits Review Committee under an application for Review of Decision.

A tenant has no right of appeal to the Social Security Appeal Authority (and therefore no right to apply for a Review of Decision) if they disagree with:

• a decision not to review their housing needs

However MSD will need to make sure there is a good reason why we would not review their housing needs.

For example, if a housing provider made a decision about tenancy-related matters, such as:

• the determination of a market rent rate or
• rent arrears or
• damages debt or
• whether someone can join into a tenancy agreement

A tenant cannot apply for a Review of Decision if they disagree with:

• having a tenancy review because they believe they should be exempt, but do not meet any of the exemption criteria
• the length of the 3 month transition period