Benefits overpayments and appeals information for landlords

Does a landlord have to repay overpaid Housing Benefit?

Recovery can be sought from the landlord if payments are made directly to the landlord and they are either responsible for causing the overpayment or could have been reasonably expected to realise that an overpayment would occur.

We will recover where appropriate, for example where a tenant leaves a property and payment of Housing benefit continues after they have moved out.

We may recover an overpayment from another tenant's housing benefit payment – that tenant is deemed to have made the housing benefit payment for the amount of the recovery

What can we tell a landlord about an overpayment?

Where there is an overpayment of benefit, we will tell the landlord/agent:

• The amount of the overpayment
• How it is made up (number of weeks or amount per week)
• The reason for the overpayment and who made the error - such as the customer, the landlord/agent, us
• if we need the benefit to be paid back to us
• How it needs to be paid back

Can landlords make an appeal?

Landlords can submit appeals for the following reasons:

• Whether or not to make Housing Benefit payments direct to them.
• Where the authority has decided that they are not a "fit and proper" person to receive payments of Housing Benefit.
• Where the authority has decided that an overpayment of Housing Benefit can be recovered from them.

Appeals against overpayments

If you appeal an overpayment we can look at:

• If it has been calculated correctly
• If legislation allows us to recover it

There is no right of appeal against who we decide to recover an overpayment from if it has been calculated correctly.

Making your appeal

Write to us or complete and return our appeal form (PDF, 35 Kb).