Tenant left-council seeking overpayments back

The_Pixi

vukuk wrote: »

Pixi, apart from being cheeky, do you know anyone living for free?
thanks for taking part in this, but if you can't be of any help, please spare me of your cheekiness!!

It's not cheeky, I can understand how awkward the situation must be. However if you are not running a charity, then I think it disingenuous to present yourself as a good Samaritan.

The issue is unfortunate enough for you, but taking on DSS tenants comes with it's own set of risks - most notably in your case a blasting administrative organisation "the council" whos right hand and left hand are totally uncoordinated.

No offence was intended

vukuk

The_Pixi wrote: »

It's not cheeky, I can understand how awkward the situation must be. However if you are not running a charity, then I think it disingenuous to present yourself as a good Samaritan.

The issue is unfortunate enough for you, but taking on DSS tenants comes with it's own set of risks - most notably in your case a blasting administrative organisation "the council" whos right hand and left hand are totally uncoordinated.

No offence was intended

Ok, thanks. Your second paragraph is what I was expecting to hear. Offence not taken!

hbgirl

OP, the main thing you need to convince the council, is not so much that your tenant was still living at your property, but that even if she wasn't, you were not aware of this.

you have a duty to report if she had moved out, but even she did actually move out, if you didn't know that, they can't recover the overpayment from you.

it can be difficult to prove someone was living somewhere especially after the event (not doubting you, but if she did claim illegally elsewhere they might be preferring the other evidence for whatever reason).

hope that helps

vukuk

hbgirl wrote: »

OP, the main thing you need to convince the council, is not so much that your tenant was still living at your property, but that even if she wasn't, you were not aware of this.

you have a duty to report if she had moved out, but even she did actually move out, if you didn't know that, they can't recover the overpayment from you.

it can be difficult to prove someone was living somewhere especially after the event (not doubting you, but if she did claim illegally elsewhere they might be preferring the other evidence for whatever reason).

hope that helps

thanks for this. I think you are right. Every time I spoke to hb people I was trying to convince them that she live/lived there. This could be a clear message to them that I had no clue that my tenant might have possibly be living somewhere else. I might concentrate on this. It should not be difficult but I have feeling they don;t trust what I say. Thank you once more, all of you. Even if they accept this, is there any chance to get rent for the period she lived after they stopped payments, from Feb-May?

Joyful

Can't you get neighbours to write that they saw her living there. Then it would not only be your word. I hope you get this sorted.

vukuk

Joyful wrote: »

Can't you get neighbours to write that they saw her living there. Then it would not only be your word. I hope you get this sorted.

Thanks, I was thinking about this too. Its the fact that no one likes someone knocking on the door and asking for a favour, especially I only met one next door neighbour, when I was decorating the flat, and that was ages ago....not even sure the neighbour would recognise me. But...will try!! nothing to lose!

BitterAndTwisted

Did you ever carry out a periodic inspection during the tenancy? Had a Gas Safety Inspection during that time, any correspondence from the tenant about maintenance or repairs?

hbgirl

vukuk wrote: »

Even if they accept this, is there any chance to get rent for the period she lived after they stopped payments, from Feb-May?

this part WILL depend on where they believe she was living, she will not be entitled to hb if she/you cannot satisfy the council she was living there.

however, in certain circumstances you can get a further four weeks hb after moving out, if a notice period was specified in the tenancy, and the ongoing liability was "unavoidable and reasonable". you can ask about this, but it really depends on what information / evidence the council is working on regarding her allegedly moving out

vukuk

I have received a letter from the council today that they accept my arguments and will be seeking overpayments recovery from my former tenant. the period from September 2010 till Feb 2011. this is amount that's been paid to me. However, once they stopped paying in order to investigate the case, my tenant still lived in my property till almost end of May 2011. My question is, can i ask for compensation for this period. The council in their letter says this is between my tenant and me! I believe that the council should pay for this, as i can prove she lived in my property....
ps, happy that i got positive acknowledge about this from all of you, as well as from the council.

tbs624

vukuk wrote: »

The council in their letter says this is between my tenant and me! I believe that the council should pay for this, as i can prove she lived in my property....
.

IMO the Council are correct on this point. It is your tenant whom you would need to pursue and you will probably be on a hidling to nothing. Even if you managed to get a judgement against her the chances of recovery will probably be small. Write it off and get a new T in place pronto. Not all benefit recipient Ts will create these difficulties but you may wish to look at having a guarantor in place for future lets.