Terms & Conditions

[malaclypse]

Morning all,

I’m currently in discussion over the overpayment classification for a council tenant who has vacated their property but had failed to inform anyone either in the housing or housing benefit depts. During the course of their duties the housing dept discover that the tenant has vacated and inform the housing benefit dept.

Should the overpayment up to the date that the housing dept were aware of the move be classified as claimant error and LA error thereafter, or should it all be LA error as it is a council property and the housing dept “should know” the movements of their tenants?

There seems to be disagreement over this issue with regard to subsidy so any help would be appreciated.

Many thanks.

[Andy Thurman]

I’d say clmt error – this would apply in PT cases (don’t have landlord error codes!) – the sticky bit is whether to recover from the rent account or chase the claimant.
(Obviously LA error from point HB informed!)

[Anonymous]

I agree with Andy that it is claimant error up to the point that the LA became aware of the vacation. No Landlord dealing with properties on the scale of a Local authority can be aware of the customers movements at all times. It clearly states in most tenancy agreements that you must give notice if you intend to vacate a property and LA customers would be aware that they have to return keys and vacate formally. Onus must surely therefore be on the customer.

Debbie

[Author]

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