nongrokal Posted December 24, 2011 Report Share Posted December 24, 2011 happy Christmass all, Ok, so, a tenant of mine (on HB) gave me notice that she was leving my flat, she found her self anouther flat and decided to move into it three weeks before her notice on my flat ran out, she paid the topup for the rent and took most but not all of her funiture, she returned one set of keys but retaind one set, at the end of her notice period i re let the flat. The council have reclaimed three weeks rent from one of my other tenants HB (diferant flat) saying i have been over paid becuse the first tenant was not in residance, do the council have to respect notice periods? Link to comment Share on other sites More sharing options...
Grampa Posted December 24, 2011 Report Share Posted December 24, 2011 The council will only pay for period the tenant is living in the property Though if you are recieving the HB direct and the tenant doesnt inform you they moved out they may try to claim some back but that is fairly easy to appeal as long as it is not for a ridicuously long period. Also if a HB tenant is moving from one property to another, depending on the reason they can claim HB on 2 properties for a short period (a month I think) Link to comment Share on other sites More sharing options...
julles Posted December 30, 2011 Report Share Posted December 30, 2011 "Though if you are recieving the HB direct and the tenant doesnt inform you they moved out they may try to claim some back but that is fairly easy to appeal as long as it is not for a ridicuously long period." Hi Grampa would you be able to share with me exactly how I would appeal the point you made here....thanks , it would help me greatly Link to comment Share on other sites More sharing options...
Grampa Posted December 30, 2011 Report Share Posted December 30, 2011 Though the housing allowance rules and regs are the same for all councils, some councils can be more aggressive in chasing the landlord. I have a good relationship with mine due to the amount of HB tenants I have but there is a procedure to follow which unless it as changed is. 1 You will recieve notice from your council that there has been a overpayment and you have to repay £xxxxx. That notice should contain a number of things such as, the reason why there is a overpayment, the amount the over payment is and how it is calculated. 2 If you dont get the the above info in the request for repayment you have one month to request a "written statement of reasons" which must be provided within 14 days. 3 Next you write requesting a revision of the decision. Reason given that you were not informed by the tenant that they had vacated and you only found out on x y z etc etc. The tenant is directly reponsible for causing the overpayment by failing to disclose a material fact to you (the landlord) and inform you of any change to their circumstances. (This is as far I have ever had to go to reverse the decision) 4 The person who decides on this will then write back and either reverse the decision or not. If not you can still appeal to a tribunal within a month. There is some more detailed info in the links below. http://www.dwp.gov.u...ance-manual.pdf http://www.dwp.gov.u...bopg-rec-op.pdf I would take the view that it is best to appeal every time and take it as far as you can even if your case is weak as the councils have cut down on their staffing levels this just increases their work load and may influence their decision making. So if there is a overpayment in the future which is 50/50 who they claim from, they may just not bother with you because the extra work you will cause. Of course this is just my view and could be rubbish. Link to comment Share on other sites More sharing options...
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