Housing Benefit and rent


X

x.x

Can someone confirm if there are any circumstances where if a tenant
claims Housing Benefit fraudently the overpayment can be recovered from
the landlord ?

Thanking You
 
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Z

Zoe Brown

Can someone confirm if there are any circumstances where if a tenant
claims Housing Benefit fraudently the overpayment can be recovered from
the landlord ?

Thanking You
only if the LL is aware of the fraud., the council may try though....
 
M

Martin Davies

Can someone confirm if there are any circumstances where if a tenant
claims Housing Benefit fraudently the overpayment can be recovered from
the landlord ?

Thanking You
Who is it paid to? The tenant? Or the landlord?

Martin <><
 
X

x.x

Martin said:
Who is it paid to? The tenant? Or the landlord?

Martin <><
Not sure actually. The landlord has the rent banked by the Letting
Agent but I don`t know if they are paid direct by the L.A. or if it is
paid to the tenant - I think it is paid to the Letting Agent.
 
P

Penny Farthing

Martin Davies said:
Who is it paid to? The tenant? Or the landlord?

Martin <><
Either......the choice is made at the beginning of the tenancy or claim. If
paid to the Landlord he/she signs to agree to repay any overpayments. (This
happened to me in 1996 - may have changed since then though)

Penn
 
E

Ellis

Can someone confirm if there are any circumstances where if a tenant
claims Housing Benefit fraudently the overpayment can be recovered from
the landlord ?

Thanking You
Overpayments can arise in a variety of circumstances. In cases of fraud
certainly, but also in any case where a claimant has failed to notify the
Authority of a change in circumstances which results in a payment to which
the claimant was not entitled.An overpayment can be recovered from the
person to whom Housing Benefit has been paid or from the claimant.

I think you will find that the local authority will pursue overpayments very
vigorously. I once rented my former house out and had to repay the council
several hundred pounds when my tenant left without telling me. I understand
this is a fairly common occurrence. The HB was payable direct to me.

This is why some landlords are very wary of tenants on HB Once they have
been "bitten" in this way, they fear that the council may come back at them
at any time and claw back rent that they have been paid.

Ellis
 
S

Sue

In the Extra Info section of the HB claim form
Ellis <grayfriarsnot@hotmail.com> said:
Overpayments can arise in a variety of circumstances. In cases of fraud
certainly, but also in any case where a claimant has failed to notify the
Authority of a change in circumstances which results in a payment to which
the claimant was not entitled.An overpayment can be recovered from the
person to whom Housing Benefit has been paid or from the claimant.

I think you will find that the local authority will pursue overpayments very
vigorously. I once rented my former house out and had to repay the council
several hundred pounds when my tenant left without telling me. I understand
this is a fairly common occurrence. The HB was payable direct to me.
Where the tenant's claim was fraudulent, the landlord's position varies
- was he colluding with the tenant, was he turning a blind eye, was he
not in touch with his tenant when he should have been, or was he not in
a position to know of the fraud?
If the landlord couldn't have know about the fraud (eg undeclared
capital) it's against natural justice to expect him to repay the
overpayment, and we'd expect to go after the tenant.
If he was colluding in it (tenant's grown-up son living there, landlord
a relative and living in the next street) he's lucky to get away with
paying us back (without interest, even!)
Quite often, he should have known but didn't: what sort of landlord
fails to notice his tenant left months ago?
 
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Ellis

Sue said:
Where the tenant's claim was fraudulent, the landlord's position varies -
was he colluding with the tenant, was he turning a blind eye, was he not
in touch with his tenant when he should have been, or was he not in a
position to know of the fraud?
If the landlord couldn't have know about the fraud (eg undeclared capital)
it's against natural justice to expect him to repay the overpayment, and
we'd expect to go after the tenant.
If he was colluding in it (tenant's grown-up son living there, landlord a
relative and living in the next street) he's lucky to get away with paying
us back (without interest, even!)
Quite often, he should have known but didn't: what sort of landlord fails
to notice his tenant left months ago?

Sue @ Darkside Borough Council
It need not amount to months. Even a few weeks HB can add up to a few
hundred pounds. The role of the landlord is a delicate one. The tenant
assumes virtual ownership of the property in return for the payment of rent
and the landlord has to give the tenant the "quiet enjoyment of the
property,". Too much interference may be easily be interpreted as
"harassment". On the other hand, of course, any sensible landlord wants to
keep a "weather-eye" on their property.

People often assume that landlord's are professional property dealers but
the fact is that many are just ordinary people. Some people rent their
homes out when they are unable to sell their properties but need to move,
perhaps to another part of the country. Others rent their homes out when
they go abroad to work. It would be easy for their tenant's to move out
without them knowing. Inexperienced people make mistakes.

Ulitmately, the relationship between a landlord and tenant is governed by
strict legal rules. If a tenant is under two months notice to leave, what
point is there in a landlord visiting the property until the notice is up?
He cannot make the tenant leave sooner. If the tenant decides to leave
sooner without telling the landlord then there is a strong probability that
the fact wont come to light until the landlord re-claims possession.

Even though the tenant may make a new claim for HB immediately in their new
home, the council may not twig what has happened for a few weeks until the
claim is processed. This is how an overpayment occurs in these
circumstances. You may just as well ask,"what kind of council would fail to
notice that the claimant was no longer living at their former address."

Ellis
 

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