Housing Benefit Overpayment - Any landlord won an appeal?

[isp]

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

[settloe_99]

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.