Good afternoon

One of the most common complaints we hear from landlords and claimants is that Universal Credit housing costs go unpaid. Normally, advisers focus on challenging the decision. However, a recent case highlights a more troubling problem: what happens when DWP simply fails to decide at all?

In Mr X’s case, housing costs were disputed from late April, 2026. The claimant repeatedly posted messages on his Universal Credit journal asking why his rent had not been included and requesting urgent action. The issue caused significant distress because rent arrears were increasing and his home was at risk.

The responses he received from DWP’s Ballymena centre will be familiar to many advisers:

“Your housing costs are under review.”   “The matter has been referred to the relevant team.”  “Someone will contact you shortly.”

Unfortunately, nobody did.

Nearly six months later, the position remains unresolved. Despite repeated journal messages from the claimant and interventions from the landlord’s agent, no substantive decision appears to have been issued. No explanation has been provided for the refusal to pay housing costs, and no decision letter has been sent. That’s wholly unacceptable, and worryingly, cases like this are appearing daily in my mailbox.

The law requires DWP to decide, within a reasonable time, and issue a decision letter explaining how further information can be requested or how an MR can be submitted within 1 month, etc.

This failure creates a serious procedural problem. Without a decision notice, there is nothing to specifically challenge. The claimant cannot request a Mandatory Reconsideration and cannot lodge an appeal with the First-tier Tribunal. In effect, he is trapped in limbo and left scratching his head.

The practical consequences are severe. The claimant faces possible eviction, the landlord remains unpaid, and everybody involved is left waiting for a response that never arrives. Yet because DWP has not formally communicated its position, the independent appeal system cannot be engaged.

The evidence in this case appears straightforward. The claimant occupies the property, has a tenancy agreement, has a rental liability and has supplied supporting evidence. Whether DWP ultimately accepts or rejects the claim is almost secondary. The real issue is that six months have passed without a decision that can be challenged.

This is not simply poor administration. It risks frustrating the statutory appeal process itself. Parliament intended claimants to have access to an independent tribunal when they disagree with a benefit decision. That safeguard becomes meaningless when a case can remain indefinitely “under review” without a decision. The fact that no one within DWP’s hierarchy can appreciate the unlawfulness of this situation beggars’ belief.

Lessons for Advisers

Where housing costs remain unresolved for an extended period:

  • Keep copies of all journal entries.
  • Ask explicitly whether a decision has been made.
  • Request a decision notice where housing costs are not being paid.
  • Escalate delays through complaints and management channels.
  • Focus not only on payment of housing costs but also on the claimant’s right to receive a decision that can be challenged.

Mr X’s case reminds us that the greatest barrier to justice is sometimes not a wrong decision but no decision at all.

A refusal can be appealed. Endless review, delay, and administrative silence leave claimants without an effective remedy while the consequences, including the risk of eviction, continue to mount. This can also adversely affect the long term relationship between tenant and landlord.

In exceptional cases, you can, in fact, lodge an appeal directly with the Tribunal Service even if no decision notice has been issued. I tried this but spent weeks persuading Tribunal Service staff that it was possible. Once they understood the position, a Legal Officer directed DWP to respond. This led to a swift resolution and payment. But this is not a quick route to success believe me.

Given the urgency, I escalated the case to DWP’s Director General’s office in London, expecting a quick reply, and will keep you posted.

Regards

Bill Irvine

UC Advice & Advocacy Ltd

Telephone 07733 080 389