Chances of successfully suing a local authority?

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    Chances of successfully suing a local authority?

    We had a tenant on this new LHA lark that went 8 weeks in arrears and the council started paying her money to us. Upon receiving a copy of the eviction order from us, the council kindly moved her to a new property. However, the dimwits returned payment of her LHA to her about 10 days before she actually left. Funnily enough she didn't forward the money on to us! When I asked them why they did it they admitted they'd made an error but pretty much stated it was tough luck!

    Has anyone had a similar experiance with a successful outcome? Has anyone ever sued an LA successfully over a Housing Benefit issue?

    #2
    Local Authority are never bound by the Tenancy Agreement.
    For what do you envisage suing them? Yes, I know, the money; but on what legal basis (cause of action)?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      How about neglect of some sort? They'd previously agreed to pay LHA directly to us, and had been doing so. Someone messed up and started paying it back to the T again. If we screwed up like that we'd have to put it right, so why not them?

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        #4
        You might want to put in a formal complaint and see if it helps. Or you could contact the Local Government Ombudsman.

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          #5
          I've heard that if a T is in 8 weeks arrears, the next payment is payed to LL on request. It then reverts back to the T, stupid I know, but apparently that is what most LA are doing.

          If you ask me its the most stupidest thing that central government has done to pay T direct.

          This Christmas will def be a testing time, rent or Turkey ???

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