my client has receved a letter from previous social landlord (tenancy ended Sept 06) saying that there are now arrears on her old rent account with them, which she needs to settle because 'housing benefit recovered (around £400) for a debt owed to them at a previous address'.

there is no information (and claimant has no knowledge) as to how that orignal debt arose, which address it relates to, whether the previous landlord challeneged the recoverability....

since client now has a completely different social landlord is it correct to assume that the arrears can't be further piggybacked to her current rent account and so her accomodation now is secure and that the social landlord can only enforce recovery now through civil action?? I'm not clear as to assess our client's liability given taht the landlord has already, it seems, repaid the council, and wondered if anyone has any advice.

thanks
C

Assuming that the alleged debt relates to an entirely different landlord, you are correct that is does not affect her current tenancy - it is a completely separate matter.

So, to the issue of the alleged debt. My advice is for your client to write to the landlord in question asking for the basis of the claim, the address it relates to, the period it relates to and ask for all correspondence from the LA (cite the Data Protection Act if necessary, or, better still, state that you require full disclosure in order to decide if you will be challenging the alleged debt).

Next, or in the meantime, your client should contact the LA in question asking for a full statement of reasons relating to the overpayment (ALL reasons / address it relates to / period / amounts / why recoverable).

The point should also be made, if true, that no notifications of the overpayment were received - ask for duplicates.

NB: There is no time limit for a statement of reasons; so the LA cannot refuse.

While all this is going on, I would also submit a late appeal - advising that the grounds of appeal (& the reason(s) for it being late) will follow once you have the info / evidence to identify the grounds. If it transpires that an appeal is inappropriate, it can always be withdrawn; but if you delay an appeal, the longer the delay, the more compelling the reasons must be for any delay.

Hope the above helps.

Kevin is right - debt or arrears cannot be transferred from one landlord to another.

The is a potential liability however (if the circumstances fit).

As Kevin advises it would be prudent to check up on the details of this overpayment. The LA "can" and arguably under current recovery regulations "should" recover overpayments from ongoing benefit if they are recovering an overpayment that the tenant is held at least partly responsible. This only applies if it is the same benefit authority and still applies where landlord has changed.

Really need more detail to find out what is happening.

many thanks to you both - i thought that was the case and am very grateful for your confirmation of that! the letters have been sent out to get more info,

thanks again
C