Can we persue the landlord?

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    HB in payment and being paid to Landlord’s agent.

    Request comes in from claimant asking for payments to go direct to landlord.
    Unfortunately, this coincides with LA sending a letter to the wrong branch of agents and getting a response saying “we have never managed the property”.

    HB therefore switched to payment to landlord right back to the start of the claim and an invoice sent to agents for all HB paid.

    Agents write back, after phone calls etc correct position is established. The invoice to the agents is cancelled. Unfortunately claimant them moves out of area.

    We are now left with an overpayment of Benefit, almost certainly LA error. Decision is taken that LA error but landlord asked to repay the overpayment as paid to them and it is considered they would know they were being overpaid as they got HB from us and rent from agents for same period.

    Landlord disputes receiving all the rent from Agents, said she only received one payment. Agents provide us with bank statements showing they paid person they say is the landlords partner, but who does not live at the same address as the landlord.

    I am uneasy about the whole thing.

    Mostly, I am not certain if the new OP regulations would allow us to pursue landlord when they did not cause the error. (LA Error)

    Secondly, even if we can pursue the landlord, I am not certain about the “reasonably expected to realise” bit.

    Any thoughts.


    what a cock up !!!

    i personnally would let this go, the starting point is that the overpayment is la error and i doubt whether you would be able to show that the landlord was aware they were being overpaid etc…

    a good run is always better than a bad fight !!!!!!!!!!

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