UC mandatory reconsideration for rent deduction

Hello,

I am not sure if there are grounds for a judicial review, but the claimant has a housing dispute with the landlord that is going through legal proceedings over disrepair.

When the claimant migrated to UC in March 2025. He made a journal entry as well as spoken to DWP staff directly in the Jobcentre as well showing the court notice etc on April 2025.

He also added the journal entry highlighting the outcome from the- R (Roberts) v Secretary of State for Work and Pensions [2025] that took place in Jan 2025. He requested that any deduction requests should be put on hold until directed by the court on the journal.

There was no follow-up response from DWP via the journal on the matter during this period.

The claimant has paid the ground rent for April but withhold service charges in protest.

However, in mid-May 2025. The landlord has applied APA for £600 per month for service charge arrears. They have not mentioned the current court proceedings they are involved to the DWP. It was granted by default, which I suspect is from a computer system.

The DWP never informed the claimant of the deduction so he can challenge and provide evidence. He was informed after the deduction has been decided. He replied to the journal, but there was no response from DWP in regard to providing evidence to appeal.

The claimant challenged the decision via the journal, but not sure if this classed as mandatory reconsideration. Or does it form the written statement of reasons.

The claimant was contacted by the DWP near the payment day via the journal, that a decision maker has reviewed the case and that no evidence was provided on the claimant's part, thus the APA and MPTL remains in place. It was implying it was the claimant's fault.

However, at no point during the March - May period that the claimant was provided a chance to submit evidence or contest the matter fairly prior to the deduction was decided and made. There was no sign posting on what official protocols to follow. Claimant could not upload documents/evidence via the UC journal.

The deduction was all decided without the claimant involved.

The claimant has got the UC paid but at a reduced amount.

Is there grounds for a judicial review if the appeal process doesn't exist?


Any advice would be appreciated.


Note:

APA = Alternate payment arrangement

MPTL = Managed payment to Landlord

Hello,

It has a while but I like give a quick update as I have good news. The person involved applied for a judicial review against the DWP's rent deduction with the landlord as a interested party and had the deductions overturned without heading to court. Basically the guy won before it headed to court.

Also, the DWP became aware that the landlord did NOT disclosed to them that there was a severe disrepair dispute prior to the deduction request. Basically the landlord lied. It was a very clear cut that the deduction SHOULD not have taken place. The deduction has been going on for months.

The person, the support worker and I was not legally trained and he was put off from the court costs as portrayed by C.A.B etc. Anyway, the person ended up completing the application via trial and error and paid around £179 for the permission fee. The court staff is a bit of mixed bag - the majority of them was not helpful and the forms is tailored to legal professionals rather the public.

The court application process is actually quite simple once you have done it but no one has a written a guide for it which is not helpful.

Anyway, a judge reviewed it and gave a court case number. The person served the documents with a support worker to the local jobcentre but the advice is .... You must bring a witness when serving especially if the person refused to be served or provide receipt. Ultimately a manager came in and understood what a judicial review is.

He could send the DWP London HQ but the postal cost was too much for him.

I can't comment any further but I do like to ask the following...

If the DWP has done a full 180, Should the claimant of the judicial review pursue a quashing order to remove the DWP rent deduction mechanism for landlords to prevent it from being abused?

In regards to serving the court documents to DWP for judicial review (other reasons) . Obviously I am not telling people to do it. But if you want the DWP to default, Wouldn't it be easier to post and serve the court documents to

FREEPOST DWP
Universal Credit Full Service
(Mandatory Reconsideration)

I mean you techincally served the documents to them (but does it work with tracking delivery?) . It is technically a blackhole as mentioned here.

www.rightsnet.org.uk/forums/viewthread/20098/

It will be a while for them to respond which exceeds the 21 - 29 days deadline? So they won't be able to contest?

Yes,

Unfortunately, the area we are in is a legal desert and there are no welfare specialist or advocate in the area. I am aware that there is a CPAG near Cornwall, but this is outside his remit. Also, the local C.A.B and legal aid providers isn't exactly useful from experience. Their expertise is filling out basic forms and quoting references from gov.uk. Anything complex as this is outside their area.

I suppose there may be some decent ones, but they are restricted to local towns and not the local surrounding areas due to cuts. Like Plymouth C.A.B not covering Buckfastleigh for example if I recall.

Without commenting further, there is an incident that has brought the small group legal providers and C.A.B brand into disrepute.

It also why the person mentioned above decided to act on his own.

Importantly, the person wants to let others know that... pursuing a judicial review isn't that hard - especially if you are out of options like you can't approach the social security tribunal to appeal because the DWP refuse to issue MRN (to frustrate the process) and you are stuck in limbo in the appeal process.