Secretary of State v Chiltern DC and Warden HA
A Warden Housing Association tenant received jobseeker's allowance and his housing benefit was paid direct to the association.

He found work and came off benefits. He was overpaid £769 in housing benefit.

The council decided to recover that sum from the housing association, rather than from the tenant, a decision it was entitled to make under housing benefit regulations. The association wanted to lodge an appeal.

A social security commissioner decided that although there could be an appeal about whether an overpayment was recoverable, there could be no appeal about the choice of the person from whom recovery should be made.

The Court of Appeal allowed an appeal. It decided that the regulations did permit appeals by landlords against decisions to recover overpayments from them rather than from the benefit claimants. The case was sent back to the local tribunal to decide whether, on the specific facts, the council's decision should be upheld.

Source

Housing Today

Reference

This decision holds a "sting in the tail". If the landlord's appeal in this sort of case succeeds, and the overpayment is recovered from the tenant, there is still a serious risk of rent arrears if recoupment is made by deductions from current benefit.