Benefits - Do I have to repay overpaid Housing Benefit?

  1. Where the tenant authorises direct payment to the landlord/agent, both the landlord/agent and the tenant will have to sign a Payment to Landlord or Agent Authorisation Form. In signing this form the landlord/agent agrees to repay an overpayment if the landlord/agent misrepresented or failed to disclose a material fact that caused an overpayment. The landlord/agent also agrees that any overpayment can be recovered from any future benefit paid direct to the landlord/agent
  2. Recovery from landlord/agent is deemed appropriate where it is reasonable to expect the landlord/agent to repay the overpayment. For example, if a tenant leaves and does not inform the Council and Housing Benefit continues to be paid to the landlord/agent.
  3. Where recovery is made from another tenant’s benefit (to whom the overpayment does not actually relate) that tenant is deemed to have paid rent to the landlord/agent to the value of that recovery.

PLEASE NOTE: Housing Benefit is not payable for any period after the tenant has vacated. Housing Benefit cannot be paid because the tenant has failed to give the landlord/agent notice that they were leaving, has not returned the keys or has left personal belongings in the accommodation.

PLEASE NOTE: If the landlord/agent accepts direct payment of the tenant’s Housing Benefit from us we may require the landlord/agent to pay back money if the tenant receives Housing Benefit to which they are not entitled.

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