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 LexisPSL on 11/10/2018

The following Local Government Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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?

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?

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

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