I need a little bit with this one!

If a person is on HB or LHA and for various reasons it is being paid dirct to LL through LA. i.e the LL does not receive the benefit direct but it is paid to the LA first, who is liable for overpayments?

Is it the LL to whom the money ultimately goes, or is it the LA who receives it first? Would it depend on who's name is on the Tenancy Agreement, bypassing the LA as an intermediary. Or the LL who has all the legal rights and responsibilities towards the tenant and tenancy, but whom the LA acts as an agent? Or the one who signs the form accepting the payment direct and agrees they will be responsible for any overpayment (I'm thinking voluntarily payments usually direct) which is very often the LA on behalf of the LL.

The only info I've been able to find is that the overpayment is recoverable from the landlord/letting agent!

Any thoughts or advice, pointers to any guidance or legal bits would be gratefully received!

If the money is paid to the letting agent, recovery can be made from the letting agent. Effectively, the agent is the landlord for HB purposes. However, in order for any recovery to be sought, any overpayment has to be recoverable from the letting agent in the first instance, whether or not it is also recoverable from any other party.

In very simple terms, an overpayment will (normally) be recoverable from the agent only in the case of a change of address, or if they fail to notify the Council of information that might affect benefit. HBRs 88 & 101 apply - working age regs.

Relevant CDs include:

CH/0297/2006
CH/1833/2007
R(H) 10/07