Join the Residential Landlords Association

Member Forums - Report Post

If you wish for the RLA to contact you regarding this report please remember to provide contact details.

Please Note: - This facility is for reporting of abuse or other breaches of the forum rules. Please do not use this facility to reply to the post as your response will not appear here - to reply please use the quote option.
  1. Please do not post RLA enquiries in these forums. Any enquiries should be sent to
  2. Please note that the initial message in any forum conversation on this website is viewable by the public.
  3. For security reasons, please do not include your membership number within the title or body of your forum post.
  4. You must not include any personal details relating to your tenants, such as their names and addresses, in your postings.
  5. Please always remain respectful to forum members and the RLA. All posts must be should be professional and courteous.
  6. You must not use the forums to advertise your service or business. Please use the RLA's suppliers guide for all advertising purposes.
  7. Any content deemed as advertising, spam or self-promotion will be removed from the forums.
  8. Any content deemed as offensive is strictly prohibited and must be reported for removal.
  9. The RLA cannot be held responsible for any posts made in these forums by non-RLA staff
  10. The RLA have the right to edit, delete or close any thread or post as they see necessary, without prior warning.
Report a post:
Defender said: Posted on: 04/05/2010 00:00

Dave -

Hi, I have been reading in a confused manner the clawback clauses rested in the Housing Benefit Regulations 2006 and would appreciate your guidance.

Clause 101 deal with person from whom recovery may be sought and starts :
"For the purposes of section 75(3)(a) of the Administration Act[181] (prescribed circumstances in which an amount recoverable shall not be recovered from the person to whom it was paid), the prescribed circumstance isó"

It then goes on to say :

"(d) the relevant authority is satisfied that the landlordó

(i) has not colluded with the claimant so as to cause the overpayment;

(ii) has not acted, or neglected to act, in such a way so as to contribute to the period, or the amount, of the overpayment."

Does this mean that if I've been a good lad and not misled the Council they cannot recover an overpayment from me?

Many thanks

Landlord & Investment Show London Olympia 2019
99 Homes
John Pye Auctions