Question about letting to DSS tenants

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    Question about letting to DSS tenants

    Hi all

    I just wanted to ask - if I tenant was overpaid or claiming fraudulently in some way... would the council or universal credit ever try to claim back the money from the landlord?

    I heard that sometimes they might but my understanding is that this is only if I knew about what the tenant was doing.

    Thanks!

    #2
    If the U.C pay the money directly to you , they will try and get it back from you .
    If the U.C pay the money to the tenant, they will try and get the money back from the tenant

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      #3
      If paid to tenant they might ask you to repay. But iirc you don't have to.

      But be aware, DSS was dissolved over 20 years ago:. Good luck finding someone being paid by them!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by Luke View Post
        If the U.C pay the money directly to you , they will try and get it back from you .
        If the U.C pay the money to the tenant, they will try and get the money back from the tenant
        Interesting. Can the tenant request that the money goes to me even if I don't agree to it? Because if so then I might still end up in that situation >.<

        Also they might actually still be on housing benefit as opposed to UC.

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          #5
          What exactly is the situation rather than speculating, if you are suspicious that your T has de-frauded the gov. them report them and serve notice on them rather than worry about what if's.

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            #6
            Originally posted by Hoppimike View Post
            I just wanted to ask - if I tenant was overpaid or claiming fraudulently in some way... would the council or universal credit ever try to claim back the money from the landlord?
            If the money was being paid to you directly and the DWP decided that the tenant was not entitled to the benefit, they would claim the money back.
            Note that this is not the same as try to claim the money back, they would succeed.

            I heard that sometimes they might but my understanding is that this is only if I knew about what the tenant was doing.
            That is not correct.

            Is this treatment possible at home?
            A new claim should trigger the transfer to UC.

            Can the tenant request that the money goes to me even if I don't agree to it?
            No.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Generalising, AIUI HB overpayments are recoverable when there has been some fault by the claimant or the landlord, and recoverable only from those who has been at fault.

              Generalising, AIUI UC overpyaments are always recoverable even if it only arose from official error. It's recoverable from whom it was paid.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

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                #8
                So... if I always refuse to have the money paid directly to me and am not aware of any wrongdoing... I should be OK?

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                  #9
                  No. Cause then the money will be spent on fags.

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                    #10
                    That could be true of any tenant though, heh

                    Any tenant I take on will be referenced thoroughly anyway. So who cares where they get their money as long as it's legal!

                    No Jesse Pinkmans, please!

                    Comment


                      #11
                      Originally posted by Hoppimike View Post

                      That could be true of any tenant though, heh
                      Of course! Silly me. Can't think why I have these unearned prejudices.

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                        #12
                        Surely though the important thing is that you do good referencing of the tenant? I'd rather have a tenant with a good reputation and history who is on benefits than one with a bad one who is working.

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                          #13
                          You can't garnish the wages of a benefit tenant after they've moved out.

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                            #14
                            Also... what about this?

                            "It states that an overpayment which was not caused by a misrepresentation, failure to disclose information or an official error is recoverable from both the claimant and the person to whom it was paid (landlord/agent)"

                            https://www.gov.uk/government/public...f-overpayments

                            Comment


                              #15
                              Nothing to do with that. I'm talking about landlord having some way of recovering money from the tenant. Not the state recovering money from landlord.

                              Comment

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