Owe council for over payment can they tke from anothr boarders rent

[seduraed]

I had a boarder leave at the end of April, we were overpaid heer rent. This month the rent for a different boarder has not been paid. The council says this is to offset the overpayment. He is now behind with his rent. Can the Council do this?

[echat11]

islandgirl Can you please take a look and advise? Thank you.

[islandgirl]

all depends on what agreement you have with the council - go back to that and see what it says

[seduraed]

I don't have a formal agreement with the council. Both the relevant people were claiming LHA and as they have mental health problems it is paid directly to me.

[islandgirl]

Then I can only advise arranging a meeting with the council and discussing the issue, I would imagine the council can reclaim an overpayment so it would make sense to use it for another client but we cannot possibly advise without knowing the conditions under which you let the rooms to the council

[seduraed]

I don't let rooms to the council. I let rooms to individuals. Both these people have poor mental health and coping abilities. They are in receipt of benefits. The rent component is paid directly to me. One of these left suddenly leaving me overpaid. Cant the council fail to pay for one person because anothers benefits was paid to me.

[islandgirl]

so is it the benefits agency you need to speak to not the council? They can certainly reclaim an overpayment so it may be more sensible to deal with it as they suggest but go and see them or speak to them or email them and get it in writing so they do not later try to reclaim the overpayment anyway would be my advice

[ostell]

The council will claim overpayment because there client has left your property and they should not be paying the rent.

been in a similar situation myself. No arguing with the jobs worth in the council

[45002]

I had a boarder leave at the end of April, we were overpaid heer rent. This month the rent for a different boarder has not been paid. The council says this is to offset the overpayment. He is now behind with his rent. Can the Council do this?

That tenant is Not behind with his rent.

If there is an over payment in housing benefit or UC rent.

They can deduct the over payment from other tenants housing benefit or UC rent that's been paid direct to the same landlord.

The LL cannot ask that tenant to pay the différance, and it is against the law to do so.

LL could appeal the decision, but usual a waste of time ...