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    Can anyone help with this please? I’m at a complete loss. The housing authority here want to make an application for a rent repayment order from an unlicensed house under s.96 of the Housing Act 2004. We’re wondering what we in benefits have to do with the HB claims and what to do with the repaid HB.

    Julian Hobson

    according to S.97(9) of the Act

    (9) Any amount payable to a local housing authority under a rent repayment order-

    (a) does not, when recovered by the authority, constitute an amount of housing benefit recovered by them, and
    (b) is, until recovered by them, a legal charge on the house which is a local land charge.

    I don’t think you need to do anything apart from stop paying HB from the point at which the L/A close him down (if they do) . I think the point is that there can be no liability once this action is taken.

    It is possible that the LA might also have a management order which would mean that they become the L/L for the period in Question and can deduct any costs of upgrades repairs etc from the rent they would collect before passing on any residual profit (if any) to the L/L. In these casesw you would pay the Hb to the LA.

    I can’t find the HB regs that cover this stuff but I’m sure there were some amendments somewhere.


    I can’t thank you enough. Your reply clarifies things somewhat and covers what I needed to know. The regulation regarding the management orders is 91A but I couldn’t find anything specifically about the rent repayment orders.

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