8:29 AM, 5th October 2017, About 5 years ago 1
Caridon Landlord Solutions expert team assist landlords with tenants on Housing Benefit and Universal Credit by proving ad hoc advice on various issues that the landlord may face during the tenancy cycle from tenancy set up to overpayment disputes and appeals.
Most landlords at some point during the tenancy are face with the issue of an overpayment, our PRS landlord faced just that and immediately contacted us for assistance.
The tenant was unresponsive to the Housing Benefit team and failed to answer any questions about her income or circumstances. As a result of this her Housing Benefit claim was terminated retrospectively and the council withdrew the Housing Benefit entitlement from the tenant for the past year. This amounted to an overpayment of just under £15,000. The Council sought to recoup this money from the Landlord as they had paid the Housing Benefit to them directly.
As the Landlord had third party authorisation he was able to find out that the tenant had failed to hand in the documentation requested by the council within the allotted time.
According to Housing Benefit Legislation it is the duty of the Claimant of the Housing Benefit to notify the council of any changes of Circumstances. The tenant must do so within one calendar month. The accepted standard is in writing (however some councils will accept a telephone call.)
Caridon Landlord Solutions identified the facts in the case and appealed the overpayment decision on behalf of the landlord, stating that the Local Authority should seek to recover the overpayment from the claimant.
Today we have received confirmation from the Local Authority that the appeal was successful and that the council will seek recovery from the tenant.
The landlord is very happy with the result as he is no longer liable for the whooping overpayment of £14724.33.
If you’ve had similar problems and would like us to pursue a similar course of action- please feel free to get in touch and speak to our expert team.
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