Resident or occupant?
Housing Benefit Overpayment

Paul Harmsworth
Paul Harmsworth
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8 Posts
1 year ago
0

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.

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