Recovering an overpayment from landlord

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  • #38182
    rds01
    Participant

    Checking other posts is confusing me? We have a case where we have found out that a claimant has not lived in a proeprty since Nov ’09. The claimant has learning difficulties and the landlord was getting the HB. There is a care/support workers who knew he had vacated and claim they told the landlord. Landlord is disputing recovery. Are we right in pursuing landlord for recovery? Ward and Zebedee states you can recover from landlord where “it’s no-one’s fault”. Thanks.

    #107595
    peterdelamothe
    Keymaster

    Sure – lets say no-one caused the overpayment and there are no targets for recovery (the claimant reported a change but it was just too late to stop payment). But I doubt that is the case here. It seems you have various tagets here. Possibly the claimant (innocent misrepresentation), the landlord and even the care workers in extreme circumstances.

    So you may have decided that the claimant and landlord were targets and enforced recovery against the landlord. The latters defence will perhaps be that he did not know the property was empty for at least part of the time. Is there any documentary proof that the care worker told the landlord?

    Based on the evidence you may have to decide who knew what and from when. The landlord cannot report something he knew nothing about..So you might have to split recovery between landlord and claimant. Either way, getting this type of case in front of a Tribunal is usually best. No-one is going to be satisfied with the Council’s decision (except if you write the debt off!) and often an independent view is the only way to resolve it.

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