Housing benefit were paying the full amount of rent due but reduced payments when the landlord reported a reduction in the total rent (due to a reduction in common parts service charge) Some months later, the landlord realised that the information given to housing benefit was incorrect, as there had not been any reduction and the common parts service charge and total charge had remained exactly the same. The tenant was still being charged the same total rent. Is there any way that housing benefit could be asked to ignore the incorrect infomation concerning the reduction and pay the full rent due from the date that benefit payments were reduced?

I'm confused.

"...the landlord reported a reduction in the total rent ..."

"...there had not been any reduction..."


Either there was a change, or there wasn't.

This is not a stuation entirely unknown to me......

I presume what you are saying is that the landlord has continued charging the same rent to the tenant and that in error, they notified a rent reduction to the HB office.

As far as I can see the LA has to assess the HB based on the actual eligible rent. If eligible rent was assessed incorrectly then the HB should be revised due to an error of fact.

You may find the LA wants to supersede the claim instead - but I would argue to resist this on the basis that there was no change in circumstances.

Thank you for your replies. Derek has explained the situation correctly. Is there any other arguement, or any regulations or court cases that could referred to, so as to strengthen the case for housing benefit to reassess based on the full rent?