Council paid Housing Benefit money to wrong person

  • Filter
  • Time
  • Show
Clear All
new posts

  • Council paid Housing Benefit money to wrong person

    My wife and I made a new claim to housing benefit in November. As we were moving (and had paid our rent in advance to our old landlord) we asked the council to pay the money directly to us. When we moved there was about £120 owing to the landlord but the council did not pay the money directly to us, they paid £500 to the landlord.
    My question is this; does the council owe us the money (as they made the mistake) or do we have to take the landlord to court, my limited knowledge (gained from working in the DWP for five years) suggests to me that it is the council that owes us the money, in the same way they would if they paid the money into someone's account who i did not know.
    any ideas?

  • #2
    Have you got evidence that the council agreed to pay the money to you? If so, they have made a mistake and it's up to them to get the money back from the landlord and pay you. Have you spoken to either party?


    • #3
      We received nothing from the council at all after that claim, we only found out that they had paid the landlord when we called to find out when payment would be made.


      • #4
        What reason did the council give for paying the money to the LL?



        • #5
          Originally posted by pcwilkins View Post
          What reason did the council give for paying the money to the LL?

          asternword: Are you sure that you did not sign any form of payment mandate or authority?
          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
          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).


          • #6
            On the claim before there was a mandate to pay directly to the LL, but with the new claim we wanted it paid to ourselves. Basically the council didn't read that part of the form and put in place the old arrangements.


            • #7
              Do you have a copy of the form showing that you opted to have payment to yourself?



              • #8
                The very simple answer is to get the former landlord to forward to you the excess and to make a complaint and request for compensation to the council.

                It gets complicated if the landlord will not part with the excess in which case I think your recourse is to the local authority and if I were in this situation, I would join both the landlord and the local authority into a court recovery action as they are both guilty:-

                1. the local authority for sending the money to the wrong place
                2. the landlord for not returning the excess.

                You need to talk to both landlord and LA and give them both an ultimatum. The LA does have the power to recover benefit wrongly paid but it cannot pay the same benefit twice, so you may well have to wait until the LA claw back the money from the landlord if he/she is unwilling to surrender the excess. A formal complaint should be made about this.


                • #9
                  thanks for all the replies! i have written to the council today and will update with what the outcome is.


                  Latest Activity


                  • Landlord asks that T to pay deposit protection charge each time we renew AST
                    Why must we continuously renew our deposit with the scheme each time we re-sign our AST i.e. every 12 months?

                    Why can the deposit not remain protected throughout the duration of the overall tenant occupation?

                    Is our landlord acting in questionable faith by asking us to pay...
                    23-07-2017, 04:18 AM
                  • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
                    i am a landlord and have insurance based deposit protection (I hold the deposit in segregated client account and register it with My Deposits) every time a new contract is drawn up we have to pay £48. If a tenancy is renewed, we pay £48. If someone moves out of one of our multiple tenant...
                    23-07-2017, 20:27 PM
                  • Excessive estate agent fees
                    I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
                    21-07-2017, 16:26 PM
                  • Reply to Excessive estate agent fees
                    If you have no ongoing contract with the agent and it was "find" only, they have no right to force you into a new AST.

                    Depending on the terms of your contract there's nothing to prevent you, if your feeling confident, in renewing the contract yourself and taking over.
                    23-07-2017, 19:11 PM
                  • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
                    Fees for 'renewing' will not be in the tenancy agreement because they are not fees of the tenancy and are freely negiotiated.

                    The landlord should simply charge an admin fee to renew and set it to include all his costs...
                    23-07-2017, 19:02 PM
                  • Structuring a deal - Purchase Option/Overage Agreement?

                    There is a derelict property with good potential in my area. The owner tried to sell it in a local auction few years back and did not get what he wanted (actually did but got greedy). Now he can even sell it for cheaper than what he was getting in the auction. Property has good potential...
                    23-07-2017, 16:52 PM
                  • Reply to Structuring a deal - Purchase Option/Overage Agreement?
                    Make the owner an offer to purchase.
                    23-07-2017, 18:46 PM
                  • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
                    There is no charge and it doesn't need reprotecting if it's in a custodial scheme. If it's in an insurance based scheme then landlord is holding it and can be claiming interest on it, it's therefore very cheeky but not illegal to pass the cost onto you.

                    Ask him if he can use a custodial...
                    23-07-2017, 18:45 PM
                  • Reply to Landlord asks that T to pay deposit protection charge each time we renew AST
                    Yes, but if we're talking renewal, then it'll inevitably be in it.

                    Is it insured or custodial. Insured, meh. Custodial, wholly unreasonable....
                    23-07-2017, 18:33 PM
                  • Deposit at the end of AST. Also, quiet enjoyment.
                    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?

                    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?

                    Q3 – What date did current TA start dd/mm/yy?
                    21-07-2017, 15:06 PM