I had a HBB tenant who moved out in 2007, and I informed the council. However, the council kept paying the tenant's housing benefit and the over payment reached around £3700. Meanwhile, the new tenant's housing benefit was paid direct to the tenant, who after a few months did not pay me. It took the council 2 months to direct the tenant's housing benefits directly to me. By the time I evicted the the tenant, I was owed around £5000.

I have now received a Benefit Recovery Notice stating that under the Housing Benefit (General) Regulations 1987, the time allowed for seeking a review of, or appealing against the decision has expired, and threatening that the over payment decision will be enforced in the County Court, which will result the sum increasing in respect of interest at the rate of 8% and costs.

Any experts there who can help?

Speak to Bill Irvine.

He operates on a no-win no fee basis.

He is the best in the business.

http://www.hbadvice.co.uk/landlords/serv...erpayments

Hi Dabir

How and when did you inform the council, this will have quite a bearing on the outcome as you can see below. If you can post more information

Person from whom recovery may be sought
This section has no associated Explanatory Memorandum
101.—(1) For the purposes of section 75(3)(a) of the Administration Act(1) (prescribed circumstances in which an amount recoverable shall not be recovered from the person to whom it was paid), the prescribed circumstance is—

(a)housing benefit has been paid in accordance with regulation 95 (circumstances in which payment is to be made to the landlord) or regulation 96 (circumstances in which payment may be made to a landlord); .
(b)the landlord has notified the relevant authority or the Secretary of State in writing that he suspects that there has been an overpayment;

What you as a Landlord or Letting agent should do, is when you suspect an overpayment has occured, mostly likely due to the tenant doing a moonlight flit, is email AND write (recorded delivery) to the council concerned and keep the rent you think is overpayed in your client account. Inform the LL of what is happening as he will be wondering why he isnt getting the rent (if there is any) and then go through the abandonment or implied surrender process with the property.

There is also a case for how long the council took to process the information. As can be seen below from the HB Regs which state14 days or reasonably practicable

Notification of decisions
90.—(1) An authority shall notify in writing any person affected by a decision made by it under these
Regulations—
(a) in the case of a decision on a claim, forthwith or as soon as reasonably practicable thereafter;
(b) in any other case, within 14 days of that decision or as soon as reasonably practicable thereafter,and every notification shall include a statement as to the matters set out in Schedule 9.

Personally i would fight it as i think you would have a good case, as Glenn says this is Bills day job, so he will be able to help

JP

Dabir

Excellent advice already given above from John & Glen.

We don't get any housing benefit overpayment challenges as our policy is that all of our tenants get paid housing benefit directly themselves.

John's opening line about how you informed the council that the previous tenant had left is key for your case.

Once again Bill Irvine from HB Advice is the man you should go to (bill.irvine@hbadvice.co.uk) !

Aki Ellahi
@dssmove
aki@dssmove.co.uk
T - 01902 773949

And another vote for Bill Irvine

You cannot do this without Bill.
You will also be treated differently by different councils, the overpayment they are claiming back is so large, that they will pursue this, and you will need Bill to possibly pursue the rule that you did notify them that the tenant had left, he will ask for the relevant details up front before advising you, so he can give you a fairly accurate chance of success.

RJ