we are a newly created RSL following LSVT of stock from Trafford Council in March 2005. since transfer, we are receiving "lots" of overpayment requests for periods that pre date the transfer. if it relates to an ex tenant who did not transfer, we are not paying. if it relates to a current tenant but at a different address than they transferred to THT from, we are not paying it.
the debate is over HB overpayments for payments made to current tenants, who transferred to THT, where there is no current entitlement. we are being asked to repay all the amount in 28 days. we want to argue that, whilst HB can claim overpayment from a different landlord for a tenant, they must do this either as a reclaim if there is a current claim, or as an invoice to the tenant in particular. otherwise it is like asking one landlord to pay back all the money. we think that advantage is being taken of the fsact that THT came into existance as a result of a transfer and that really we are the same but different!
has anyone else had this issue? can Trafford Housing Benefit do this?..(they argue the Council had the money and the current accounts we took over at transfer are the way they are becausse of this paymnt...)
any help/advice greatly appreciated...the wolves are at the door as I write to take money from Mr "blameless tenant"
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