Over payment because a tenant has a job and not told the council or me

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  • #37853
    david bradley
    Participant

    If my tenant gets a job and does not notify the council at once, and I dont know about it, can the council claim it back?

    My understanding is that its a no. They can only claim it back if I colluded with the tenant to commit fraud, from regulation 101:

    101 “shall not be recovered from the person to whom it was paid), the prescribed circumstance is—
    The relevant authority is satisfied that the landlord—
    (i) has not colluded with the claimant so as to cause the overpayment;
    (ii) has not acted, or neglected to act, in such a way so as to contribute to the period, or the amount, of the overpayment. ”

    So can they claim it back?

    What happens if they only reduce his rent because its a low paid job?

    David

    #106603
    peterdelamothe
    Keymaster

    They cannot get it back direct from the landlord. They can reduce the net amount of future entitlement to HB; there is a standard deduction of around £10 per week. That is perfectly legitimate.

    #106655
    david bradley
    Participant

    And then I have to make sure the tenant pays a top up as they are still liable for the agreed rent?

    #106661
    peterdelamothe
    Keymaster

    Yes indeed.

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