Housing Benefit Overpayment

Galway

Hi There,
I have just left my 6 month rented property after the landlord decided he wanted to sell. I thought that I was going to get a 12 month lease after the initial 6 months was up. I really didnt want to move so soon as I have a little girl and moving is tough. The problem is that when I signed the lease I had to pay 1 month up front as my housing benefit is paid 1 month in arrears. This means that the landlord will get 7 months payments for a 6 month lease but the month in advance was my own money. He is refusing to repay this, there are no arrears and the house was left in good order. What are my options please. Thanks

[Deleted User]

If you paid 7 months rent for a 6 month stay then he owes you a months rent, go to CAB for advice.

WhenIam64

go to CAB for advice

Reading the CAB site on the subject gives this link

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/getting-your-tenancy-deposit-back/

Main issue appears to be whether the deposit was protected in a Tenancy Deposit Scheme or not. There are also ways of getting it back using the Small Claims Court service.

tboo

Galway wrote: »

Hi There,
I have just left my 6 month rented property after the landlord decided he wanted to sell. I thought that I was going to get a 12 month lease after the initial 6 months was up. I really didnt want to move so soon as I have a little girl and moving is tough. The problem is that when I signed the lease I had to pay 1 month up front as my housing benefit is paid 1 month in arrears. This means that the landlord will get 7 months payments for a 6 month lease but the month in advance was my own money. He is refusing to repay this, there are no arrears and the house was left in good order. What are my options please. Thanks

Housing Benefit paid directly to a landlord is paid every 4 weeks not monthly


Ask the landlord for a detailed breakdown of payments received to see what the correct balance is etc

parkrunner

When did you leave? HB as you say is paid in arrears so won't be paid until around four weeks after you have left. Just tell the HB people when you left and that they aren't to pay him anything else.

Galway

Thanks for replies, rent is not covered by the deposit scheme and HB will not pay the last payment to me instead of the landlord. It would seem that the small claims court is the only option but this must be a vulnerability in the system as most people would have to pay a month up front with HB paid a month in arrears.

WhenIam64

rent is not covered by the deposit scheme

I would send your landlord a pre-action notice informing him/her that you will start court action if he does not resolve the issue. Point to this phrase in the CAB information

If your deposit should be protected but isn't, you might be able to claim compensation of 1-3 times the amount.

It really does not pay a Landlord to be difficult about these deposits - unless it is an offshore landlord.

calcotti

WhenIam64 wrote: »

I would send your landlord a pre-action notice informing him/her that you will start court action if he does not resolve the issue. Point to this phrase in the CAB information

It really does not pay a Landlord to be difficult about these deposits - unless it is an offshore landlord.

OP has said the money is not a deposit but rent paid in advance in which case deposit protection rules are not relevant.

It is not clear why OP appears to think they cannot stop the local authority paying a further instalment of rent even though none is due.

WhenIam64

I read it as 7 months money for a 6 month contract. 6 months have been paid by HB and the 7th by the OP.

The term does not really matter, it is the effect of the 7th payment i,e, it could be considered as a deposit and not an rental payment as those payments were HB to which the OP was entitled.

The OP would be better to take the "deposit" approach and seek repayment of the "deposit" from the landlord. To do this he would use the small claims track as the most appropriate.

As far as the council is concerned, they are making 6 payments so there is no "overpayment"

But if I misunderstand, let me know

poppy12345

I read it as 1 months rent advance, not a bond and they are different. Being a DSS tenant myself, not all landlords will ask for a bond (if you're lucky enough to find a LL that accept DSS ) but some ask for 1 months rent in advance because HB pay in arrears.

calcotti

Whether the payment was rent or deposit depends on the terms of the contract.

HB is paid in arrears. Tenancy agreements invariably require rent paid in advance. This means tenant needs to find initial payment themselves. If HB is paid to tenant for them to pay landlord then this balances out in the end. In this case it appears landlord is being paid direct.