Resident or occupant?
Housing Benefit Overpayment

Paul Harmsworth
Paul Harmsworth
0 Thanks
8 Posts
5 years ago

I have a dispute with Durham CC involving a benefit claimant who abandoned the property. i correctly advised the council and noted the tenant's liability to pay rent up to the end of one month being the period for rent in lieu of notice.
The council has advised that, as I knew of the 'overpayment' they can look to me to refund the overpayment on the basis the tenant did not RESIDE at the property for the period in question. I am aware of Broadley v Leeds case which provides for payment of council tax by the tenant up to the date he/she ceases OCCUPATION.
Can you please advise whether the council is correct in maintaining entitlement to benefit being based on residency rather than occupancy.

Please Login

You must be logged in to participate in our forums, to continue please login below.

Not a member? From only £99 you can join in the discussion and get access to member's only resources and services.

As the home for landlords, the NRLA are here to help you save time, save money, and stay compliant. NRLA membership gives you access to a vast range of expertise, resources, and exclusive member benefits and savings, designed to help and empower members. We also play a pivotal role in campaigning and championing the interests of landlords.