Who is responsible for and where to send rent overpayments?

Hi, we have a fully managed property. The tenant is paid 4 weekly by housing benefit and forwards the rent to the letting agency. We have a number of other businesses and have relied on the letting agency to collect payments accurately and record them, raising any problems with us.

It has become evident that 13 payments instead of 12 have been paid for a number of years. I equated, that because the tenant receives payments 4 weekly, 52/4 =13, however, I looked carefully at the contract issued by the Letting Agent and it states PCM.

Does anyone know who the overpayments need to be repaid to our Letting Agent says it’s the tenant. I’m concerned about the DWP knocking on our door for reimbursement if we give it to the tenant.

I also want to know where the responsibility lies here, we reasonably ( I think ) expected our Letting Agent to inform us of any anomalies or issues, but we haven’t received any annual statements for our properties and it seems they simply collect, add to a ledger which only alerts them if there are arrears. I asked the Letting Agent how this happened and they said they didn’t know.

Our accountant didn’t pick up on this as they don’t have access to the rental contract and expected 13 weeks payment PA. I’ve contacted a legal advisor but I am still waiting for an appointment and getting very anxious. Anyone with experience or advice would be welcome.

Thanks,

Christina