Housing benefit overpayment deduction from wrong person

whitehorse123

the tenant is responsible for the overpayment occuring, but thats a separate issue. The regulations dont mention the case of a property being sold with an overpayment having gone to the landlord, so i dont buy into a blind interpretation of it.

IAmWales

whitehorse123 wrote: »

the tenant is responsible for the overpayment occuring, but thats a separate issue. The regulations dont mention the case of a property being sold with an overpayment having gone to the landlord, so i dont buy into a blind interpretation of it.

The property being sold is irrelevant because you are not a party to the overpayment. You need to understand that the amount of LHA the claimant is entitled to (and any deductions) is a matter between the LA and the claimant. If the LHA paid is lower than the rent, the tenant needs to make up the difference.

The overpayment is not being deducted from you, it is being deducted from the claimant's benefits.

The reason for the overpayment occurring is not a separate issue, as that confirms who they may chase for the overpayment. As both parties are liable they will take it from the one they are currently paying, as they are entitled to do.

whitehorse123

i understand that you're explaining the current regulations. what i dont understand is that it is so obviously unjust to allow a former wealthy LL to benefit from a broken overpayment system at the expense of the poor, and you are happy to defend it!

Its unjust, and should be changed. I'm here for advice to get some justice.

anselld

whitehorse123 wrote: »

Its unjust, and should be changed. I'm here for advice to get some justice.

You already confirmed the tenant is responsible for the overpayment. So where is the injustice? They need to pay it back.

elsien

whitehorse123 wrote: »

i understand that you're explaining the current regulations. what i dont understand is that it is so obviously unjust to allow a former wealthy LL to benefit from a broken overpayment system at the expense of the poor, and you are happy to defend it!

Its unjust, and should be changed. I'm here for advice to get some justice.

Justice and the correct legal position are often not the same thing.
You still haven't said why it's not possible for the tenant to attempt to retrieve the overpayment from the previous landlord, which is the obvious starting point. Or why it should be the council's responsibility to sort it when it's not their mistake.

saajan_12

Surely the rent amount stays the same, so if the (current/former) landlord repays a benefits overpayment back to the council, then the tenant's share of the rent increases by the same amount, so the tenant has to pay those arrears back to the LL.

In the end it is the tenant that should pay as the rent level is fixed and they contributed less than it turns out they should have.. what's all this about rich and poor?

Gilead

At the end of the day, even if the previous LL repaid the overpayment they would be owed the same amount from the tenant (as obviously the full rent would not have been paid from that period). Your tenant owes you the difference between what you are receiving directly and what the actual full rent is.

Ignore the direct payment situation - the tenant was overpaid housing allowance, they are having the overpayment deducted from continuing housing allowance, therefore, it is their responsibility to cover the difference to you.

The previous LL should not be out of pocket, nor should you. Tenants responsibility.

DoaM

OP - you're being very tenant-friendly/understanding about this. Are you actually the tenant?

theartfullodger

How odd that there seems to have been no gap between old Landlord getting the HB & you getting it. You have supplied YOUR details & bank account to council?

Separate issue, but did you serve s3b& s48 notices to tenant when you purchased/completed? If not you ain't fully the Landlord, tenant doesn't owe you rent & you may be liable to fine & criminal offence.

You have completed land registry changes?

parkrunner

whitehorse123 wrote: »

i understand that you're explaining the current regulations. what i dont understand is that it is so obviously unjust to allow a former wealthy LL to benefit from a broken overpayment system at the expense of the poor, and you are happy to defend it!

Its unjust, and should be changed. I'm here for advice to get some justice.

Advice is speak to your MP.