The HB dept agreed that o/p was their error and agreed to repay the tnt.. They wrote to us - the landlord and I have it in B&W that they would refund this money direct to the landlord with the next HB payment.

Tnt then phones me Friday aft to say he has received a cheque from HB and is considering going to Cash Converters to cash it and subsequently go to the pub with the money... He is alcoholic and HB know this..

So tried to talk tnt out of it..And tried to phone him all today, but cant get hold of him - which is unusual for this tnt..

However, do HB have a duty to pay the landlord esp.. when written that they will do so..as rents manager going mad at their complete incompetance... We have threatened a further complaint because of this.. but need to know what our legal rights are re; the regs etc...?

There was a commissioner's decision recently (sorry, can't remember the number) which said that if the councils promised that they would pay the landlord but then paid the tenant they could not pay again. However, my recollection is that the council had not issued a decision to the effect that they would pay the landlord.

If a decision has been notified (i.e. giving the usual info, such as the right of appeal etc) and the council then do not pay, it might be possible to sue the council.

Failing this, the Ombudsman would certainly recommend compensation, as they have done in many similar cases.

was it CH/180/2006 ... ?

... see rightsnet briefcase for summary and links ...

Also see CH/1821/2006 & CH/3629/2006.

Hi its me - hiding as a new member..lol

Shawn, can you confirm that it is this case, as I dont have full access to Roghtsnet and will do a google search..

extract from the briefcase summmary ...

However, citing with approval CH/3629/2006, that held that benefit cannot be paid to a landlord when payment has been made to a claimant for the same period, Commissioner Mark goes on to hold that -

'... although the local authority ought not to have made a decision to pay the tenant, any decision setting aside the decision would not entitle the landlord to be paid anything because of the offsetting provisions in regulation 98 of the 2006 Regulations (regulation 97 of the 1987 Regulations).

The result is that the landlord is not entitled to receive housing benefit in respect of any period for which the claimant has already received the benefit.'

Bugger.....!

But I'd still strongly recommend an ombudsman complaint