Tenant Overpayment Gone To Appeal - help!

**nessa** · 30-03-2012 13:20 PM

Hi Guys

Hoping someone could help.

Had a tenant who decided to stop paying rent, so got HB to pay me directly. This only covered part of the rent, but understand will unlikely ever see the arrears again.

Ended up evicting the tenant, s21 and eventual bailiff visit. Tenant had gone (leaving a mess & no front door

). The bailiff visit was 29 February.

Back tracking slightly, throughout this period I had been liaising with Housing Options department. They wanted me to fill in a form, and answer questions to determine whether the tenant had made themselves intentionally homeless. Which I did. We said we would keep each other informed.

On 29 February I emailed Housing Options to say just letting them know I had been with the bailiff, and therefore the tenant was now officially evicted. Got a reply saying 'tenant found alternative rented accommodation from 27 February.' MMmmmm so much for keeping me informed!

I was then paid by HB to 12 March - effectively overpaid, which I understood they would look to seek the overpayment. However got a letter from them saying they would be recovering HB from 11/2 to 12/3!!!!

I emailed them (as they were not answering phones, not even put in a queue) to say I was told by housing options tenant left on 27/2, though not officially evicted until 29/2. They replied saying this has been passed to the appeal team.

Can anyone advise where I stand on this?

Many thanks

Nessa

**hbadvocacy** · 31-03-2012 17:57 PM

Nessa,

Most likely it means the council has passed your query to its "appeal team" who will reconsider the earlier decision in terms of its effective date and from when they intend recovering from you.

If the council tries to recover for any period prior to the date you found out the tenant had vacated, simply appeal. I suspect, given the short period involved the council will simply review and revise the earlier decisision in your favour.

HBadvocacy
www.hbadvice.co.uk

**nessa** · 03-04-2012 13:58 PM

Thanks for your sage advice hbadvocacy. Really is appreciated!

Not heard anything back as yet, but I guess these things are never very quick!

Just another question hbadvocacy - what in your experience should be the official date I should be paid up to - the 27th Feb (housing options date - when they said tenant found alternative accommodation) or the 29th Feb (date of bailiff eviction)?

Many thanks

Nessa

**hbadvocacy** · 03-04-2012 16:07 PM

Nessa,

HB stops when the tenant moves out "permanently" i.e. the (27th). However, where liability continues to you, as landlord (failure to provide a months' written notice)and you hold the tenant to this the council can consider paying up to another 4 weeks benefit. As, in your case, we're only talking about two days on an overlap you may find they will pay without difficulty.

HBadvocacy
www.hbadvice.co.uk

**nessa** · 11-05-2012 14:12 PM

Hi Guys

Got a letter off HB today saying they would pay up to 27/2 but that I can further appeal. They said tenant told them they vacated on 11/2 and handed the keys back to me (which if that was the case why would I have have then gone to the expense and bother of a bailiff!). However as I was aware the property was vacant from 27th (which I wasn't) they will pay up to the 27th.

I was going to write back and appeal, enclosing all bailiff documentation as well as a copy of the email I sent to housing options (when I informed them the tenant had vacated on 29th, and they in return informed me the tenant went on the 27th) As per hbadvocacy's post above I was also going to mention the 4 weeks additional payment but not really sure what to say.

Can anyone advise?

Many thanks for any guidance

Nessa

**Snorkerz** · 11-05-2012 15:16 PM

Originally Posted by hbadvocacy

where liability continues to you, as landlord (failure to provide a months' written notice)and you hold the tenant to this the council can consider paying up to another 4 weeks benefit.

HBA, missed this when you first posted - is it a specific regulation, or a bit of guidance that can be printed off and sent with such an application.

**nessa** · 15-05-2012 08:04 AM

Yes anything that I could enclose with the letter would be great - anyone any thoughts?

**nessa** · 15-05-2012 13:25 PM

I have found this and wonder if this is what hbadvocacy is referring too? Its called overlapping housing benefit.

http://www.wiltshire.gov.uk/councilt...aptwohomes.htm

My council don't have any information on this online - but they do have an overlapping request form pdf for tenants to fill out, whereby they have to explain why they couldn't avoid having 2 rents at any one time.

I might therefore put that "I also require notice to be paid as per section XX of the enclosed tenancy agreement"

Worth a shot

**hbadvocacy** · 24-05-2012 20:51 PM

Snorkez,

I hope you appreciate this response as I'm in Puerto Banus with a peroni by my side.

The four weeks overlap rule is actually a regulation (reg 7 from memory) and relies on the tenant notifying the council of his ex landlords intention to pursue him/her for the 4 weeks notice. Unfortunately, the landlord/agent is dependent on the tenant requesting payment. It doesn't have to be made on a claim form. A simple letter is suffice.

I trust this helps.

Hbadvocacy
www.hbadvice.co.uk
www.welfarereformsadvice.co.uk