Housing Benefit Overpayment - Any landlord won an appeal?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Housing Benefit Overpayment - Any landlord won an appeal?

    Renting out a property at present, started section 21 eviction. Was being paid HB by local authority direct to myself as the landlord.

    Letter arrived dated 28th March for small overpayment 5-18th March for the full amount of HB paid direct to me. Reason overpayment is recoverable is due to tenant vacating the property.

    Not yet had chance to go the the property as I live in a different area. Not had keys back. Not been notified by tenant that she has actually left. Good news is at least she has left with court eviction. Not sure what state the house is in though, so could be bad news.

    Am just attempting to write my appeal and wondered whether I could gain some advice from this forum.

    Has anyone else successfully won an appeal for not paying back the HB in similar circumstances or anyone know on what basis I could appeal on to get this overpayment waived.

    Appreciate any hints.

    Many thanks

    #2
    My view on this is that you can appeal and win if you have clear evidence that your tenant was in occupation during the period that HB are requesting the overpayment.

    HB Regulations state that you should check your tenant is in occupation before banking the HB cheque. In practice this would be impossible to do however if HB have evidence your tenant wasn't in occupation and you have nothing to prove otherwise I can't see you appeal being successful.

    Comment

    Latest Activity

    Collapse

    • Reply to Notice Period to Tenants
      by DPT57
      It does just end, but a periodic tenancy arises to take its place. I would recommend joining NRLA. Even with an agent its important to know at least the basics....
      01-03-2021, 17:18 PM
    • Notice Period to Tenants
      by annam222
      Hi all,
      I rent out my flat using an estate agents let & collect service. It is rented out using an assured shorthold tenancy agreement of 12 months (no break clause). The 12 months ends in August this year. I have just been told by the estate agents that "due to Covid the law has changed...
      01-03-2021, 14:54 PM
    • Reply to Another way to suffer from Covid
      by P'd off of Romford
      I know full well he can pay the rent, he drives a three year old Mercedes, and paid 3 months rent up-front, plus deposit (lodged with MyDeposits within time).
      The neighbours tell me he's out working all day, while she sits at home smoking weed. They have a dog too, against the contract (Oh, the...
      01-03-2021, 17:01 PM
    • Another way to suffer from Covid
      by P'd off of Romford
      Hi Guys

      Yes, sorry, this is another tale of woe, for which I apologise in advance....

      FirstIy, I have Multiple Sclerosis, and as a result, can no longer work in my professional field.

      For this reason, I have recently rented out my former home, as a means of a small...
      01-03-2021, 11:27 AM
    • Reply to Legal question
      by Hudson01
      Agree with the above comment, a persons capacity can vary from hour to hour and day to day but over time it only goes one way once the decline begins, if this child is that determined to do what you say the you all need to speak with a specialist asap before its too late.
      01-03-2021, 16:59 PM
    • Legal question
      by mind the gap
      Hi all, hope you're keeping safe.

      Not sure which forum to put this in - happy for Moderator to move if appropriate.

      Scenario is as follows. In 2018, elderly widower changes the will he made jointly with wife in 1980s. He does it all properly, using a solicitor and include...
      01-03-2021, 13:01 PM
    • Reply to Land owners obligation to stop drug dealing/trespassing?
      by Flashback1966
      Common enough....

      If you are taking recording on your smartphone, then be careful at night, as the glare from your smartphone may give you away. You don't want to invite trouble.

      Even if you did have evidence, would you give that to the Police?. As you would have to sign...
      01-03-2021, 16:57 PM
    • Land owners obligation to stop drug dealing/trespassing?
      by rentrent2021
      Hello,

      I currently rent in England and my apartment is managed by a letting agent.

      Recently moved in to a new flat. The car park doesn't have a gate so anyone can drive in, frequently people cut through to the other side but tonight I spotted what looked like a drug drop....
      27-02-2021, 23:30 PM
    • ‘Swapping’ a tenancy?
      by KittleSkittle
      Hello,

      Just wanting to check something. If a long standing tenant on a periodic tenancy agreed to move to a different property to suit the landlord, would a completely new six month AST with all appropriate documentation need to be set up? And would the deposit for the existing property...
      01-03-2021, 16:44 PM
    • Reply to Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
      by Codger
      I long ago learnt to trust in rubber gloves and have unblocked plugholes drains gullys and sewers. Where theres muck theres brass as they say. In the above case i would leave a plunger behind.
      most tenants take the hint if you turn up in a collar and tie to unblock a plughole!
      ​​​​​​...
      01-03-2021, 16:36 PM
    Working...
    X