Housing Benefit Overpayment - Eviction

rockey2020

Due to having a non-dependant I accrued an overpayment of £162 (2 weeks rent). The Local Authority clawed the money back from ongoing Hosing benefit. I did not make up the shortfall as I was challenging the overpayment as the  LA was informed about change of circumstances 6 weeks prior to overpayment being discovered.  The LA refused to accept it as an official error and sought possession through the court. In my absence they were awarded an eviction order.  I managed to get the case recalled and will meet again in August(corona permitted).
I have been trying to put my case together;
1) Is it an official error?
2) Should arrears of rent due to overpayment recovery be classed as rent lawfully due?
3) Can someone be evicted for £162 ?  
Any help would be appreciated

Galloglass

I managed to get the case recalled

Are you in Scotland? If so check the Shelter pages. 
https://scotland.shelter.org.uk/get_advice/advice_topics/eviction/help!_im_being_evicted

pmlindyloo

rockey2020 said:

Due to having a non-dependant I accrued an overpayment of £162 (2 weeks rent). The Local Authority clawed the money back from ongoing Hosing benefit. I did not make up the shortfall as I was challenging the overpayment as the  LA was informed about change of circumstances 6 weeks prior to overpayment being discovered.  The LA refused to accept it as an official error and sought possession through the court. In my absence they were awarded an eviction order.  I managed to get the case recalled and will meet again in August(corona permitted).
I have been trying to put my case together;
1) Is it an official error?
2) Should arrears of rent due to overpayment recovery be classed as rent lawfully due?
3) Can someone be evicted for £162 ?  
Any help would be appreciated

1)  To prove it was an official error you would need evidence that you did notify the council of a change in circumstances (i.e  a non dependent came to live with you) and that in the time period after you did not reasonably know that they had failed to apply the non dependent deduction.  If you believe that you can prove both of these things then it may be deemed an official error.  So, how did you inform the council and did you receive a HB payment after the phone call/email?  You may wish to make a subject access request to the council if there was a telephone call/email sent/form completed.
https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/
2) Arrears of rent due to overpayment of HB would be classed as rent due.
3) Eviction orders for social housing are not taken lightly.  Usually there are reasons why this route is taken - past rent arrears/previous threats of eviction/ previous legal proceedings.  So, depending on previous 'history' with a local authority then yes, it is possible.  Why did you not attend the court proceedings?

rockey2020

1) I notified the LA via email, the LA acknowledge this. Received full HB for 4 weeks after notifying them of change.
2) I thought  rent due to overpayment of HB was classed as rent arrears only in private rent cases?
3) I have no history of rent arrears, no previous threats of eviction or any legal proceedings. Did not attend as I had representation (CAB ) who failed to show up.

tboo

rockey2020 said:

1) I notified the LA via email, the LA acknowledge this. Received full HB for 4 weeks after notifying them of change.
2) I thought  rent due to overpayment of HB was classed as rent arrears only in private rent cases?
3) I have no history of rent arrears, no previous threats of eviction or any legal proceedings. Did not attend as I had representation (CAB ) who failed to show up.

• The council  acknowledged your changes so they were aware of this, however, you think it's an official overpayment because they carried on paying
• Well as most HB depts have long waits for assessments then 4 weeks it good going
• You should have paid the difference back while you were waiting on the overpayment decision
• To be an official error  it has to be a mistake on their behalf  i.e. a mistake made by LA staff such as an input error so as they were aware then no it isn't an official error, I would class it as an administration delay
  

Comms69

rockey2020 said:

Due to having a non-dependant I accrued an overpayment of £162 (2 weeks rent). The Local Authority clawed the money back from ongoing Hosing benefit. I did not make up the shortfall as I was challenging the overpayment as the  LA was informed about change of circumstances 6 weeks prior to overpayment being discovered.  The LA refused to accept it as an official error and sought possession through the court. In my absence they were awarded an eviction order.  I managed to get the case recalled and will meet again in August(corona permitted).
I have been trying to put my case together;
1) Is it an official error?
2) Should arrears of rent due to overpayment recovery be classed as rent lawfully due?
3) Can someone be evicted for £162 ?  
Any help would be appreciated

LA = local authority or letting agent?

rockey2020

Local Authority, Council tenant

rockey2020

Came across this post again and thought I'd update it as someone may be in the same position.
As a LA social tenant my rent is called a 'rent rebate', the DWP confirmed that rent rebate overpayments are not 'classed' as rent arrears and must be kept separate from the rent account, therefore repossession proceedings were unlawful as there were no rent arrears. 
The LA wrote off the HB overpayment and the case dismissed. I have submitted a claim for compensation on the basis of unreasonable eviction proceedings, harassment and maladministration which will be heard next year.