Housing benefit repayment.

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  • Housing benefit repayment.

    I have received a letter today from housing benefit with regard to a tenant who had it paid directly to me. The council are asking for 2 weeks and 6 days rent to be repaid from 18th September until 8th October.
    The tenant partially moved on 18th September, he continued to also use my property for another 2 weeks sleeping in his new place but using things such as his internet in my house until 2nd October when he had finally emptied the property and handed the keys to an estate agent I originally let the property to him through. He did not give correct notice and still had months on AST contract. I got him to sign paperwork to say he was leaving on 2nd October, will I have to pay all of this money back to the housing benefit people or just from the 3rd October until the 8th, the only time he did not have exclusive possession of my property within their dates ?

  • #2
    Not worth the hassle - so yes or apply for an overlap payment.


    • #3
      You received money the council believe the tenant was not entitled to, so yes, you need to return it. The tenant may be entitled to a two homes overlap payment and you should advise them to make the application. Bottom line is that they are responsible for ensuring you are paid, whether it's directly from them, HB, lottery winnings or train robbery. The state has no obligation to pay though.
      I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.


      • #4
        They hung on to keys for two weeks, continued to have exclusive access and were even contactable via the house phone in that period, as far as I am concerned they were still using my house and it’s their new social landlord who should pay back the money.
        i have a signed letter from him stating the date he intended to leave and he handed the keys to my estate agents on that date, I intend to fight this one.


        • #5
          The new LL is not the claimant but the T. The preceding LL can ask the Council for a 1 month bridging payment.


          • #6
            It's the tenant (er... ex-tenant..) who owes you the rent not the council HB dept..
            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...


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