Hi... tenant asked for rent to be paid direct to the l/lord. l/lord agreed and gave suitable bank details. A significant lump sum back payment was involved, £498.00. HB failed to pay this to the l/lord but paid into the tenants account instead. because the tenant had an overdraft, the bank took the money leqving nothing for the tenant to pay the rent with. He is now being wevivted for rent arrears. Is there any method of claiming compensation or any other sol;utions... thanks

Interesting question. According to circular G1/2007, there are at least 2 cases currently before Cmmrs where payment was made to the clmt, but should have been made to the L/L (these are CH/1821/2006 & CH/3629/2006).

If it wasn't for that, my response would have been an instant "...HB can't be paid twice.....so the only avenue is to make a formal complain asking for compensation (outside the HB scheme).....". But, in light of the outstanding CDs, it would probably be sensible to sit on the fence for now.... .

Hopefully, the CDs will settle the issue as to what happens in terms of HB legislation (whichever way the decisions go).

has the landlord actually secured repossesion? can your client apply for a suspension of the possesion order or bailiffs warrant. i would have thought that in view of the failure of HB to pay the money to the correct account, your cline thas a good defence against the eviction

although decisions are being awaited as has already been stated, if your client hasn't got long then i would have thought applying for compensation asap may be the best option. maybe a letter to his MP as well may help matters