Q&As

Where a local authority mistakenly double-recovered an overpayment of housing benefit and subsequently returned the additional amount to the tenant rather than the landlord leaving arrears of rent (as the tenant is unable/unwilling to return the monies), would the landlord have any claim against the local authority for this mistake?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 11 October 2018
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Housing benefit is ordinarily paid directly to the tenant, who then pays rent to the landlord from their funds. If housing benefit is overpaid the local authority will usually either stop housing benefit payments or recoup the same. If the recoupment is in error (for example by way of a double recovery) the amount mistakenly recouped will need to be returned. See Practice Note: Housing benefit and the local housing allowance.

A private landlord can request that the local authority pay housing benefit directly to them, and such requests will usually be granted if the tenant is at least eight weeks in arrears of rent. There are various other circumstances where such

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Local authority definition
What does Local authority mean?

The County, Unitary or london borough Council for a defined area.

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