Local Authority reclaiming Housing Benefit and Council Tax for 4 months?
I own a flat in Tyne and Wear with a DSS tenant,assured shorthold tenancy, no deposit (stupid I know).
I recently received a letter from H Benefit saying my tenant has just left and therefore Housing Benefit has stopped-fair enough.
I have just received another letter stating that the tenant left in October and I have to repay nearly 4 months housing benefit!!
I also have the Council after me for 4 months Council Tax. My question is:
1.Why can Housing benefit not reclaim the rent from the tenant-they could do this by reducing the benefit on the flat that he’s moved to.
2.Why can the Council not pursue the tenant for Council Tax, I had no way of knowing that the flat was vacant and it strikes me as totally unfair that I am being asked for this money when the tenant was still legally my existing tenant-no notice given,etc,etc
Any advice your readers can give would be most welcome, I am sure this situation is fairly common!
Douglas
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Member Since July 2013 - Comments: 357
7:56 PM, 28th February 2016, About 10 years ago
HI below is a copy of a letter used by Ronian he use this to fight claw backs hopefully this will help.
Johan Dolan
Stockton On Tees
Borough Council
Benefit Service
16 Church Road Date: 00/00/00
TS18 1TX
Clients Name:
I wish to inform you that the above client has left…………………. Mr. ……….signed an agreement stating if he were to vacate or to cancel his assured short hold tenancy he would give 1 month notice and also hand his keys into our office. To date he has not complied with either of these conditions.
We also ask the clients from commencement of their tenancy to sign an agreement accepting their responsibility for their rent up to the date they vacate and any overpayments therefore due. Taking these facts into consideration I would ask Housing Benefit to review any decision to calculate any outstanding monies or overpayments sent to me.
The Clients (assured short hold) or (tenancy) commenced on 00/00/00 he vacated on 00/00/00. 1 months notice is required which is £00.00 and non return of the keys is £45.00. The clients Arrears are £00.00 (including rent charged up to 00/00/00). We therefore refute any overpayments requested by Housing Benefits.
We have recently received a letter from yourselves dated 00/00/00 informing us that an overpayment has occurred between the dates of 00.00 to 00/00/00. totaling £0.00. I wish to state that whilst we accept responsibility for an overpayment that occurs after the tenant or client has vacated their accommodation. We do not accept overpayments when the tenant has either misled you or given incorrect information to Housing Benefits that is their responsibility and as such we refute this overpayment.
Kind Regards
Member Since July 2013 - Comments: 357
8:17 PM, 28th February 2016, About 10 years ago
I just typed on this part at the bottom to letter above this is from a previous comment on here.
Can I point out that as long as the landlord did not at any time collude with the claimant so as to cause the over payment nor acted or neglected to act in such a way as to contribute to the period or amount of overpayment Reg. 101 (2) states that where the overpayment arose as a consequence of misrepresentation or failure to disclose a material fact by or on behalf of the claimant the recovery should take place from the person who misrepresented or failed to disclose that material fact