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Respond to a Housing Benefit overpayment demand

Check the council's decision, the period and recipient, and preserve appeal rights before changing the tenant's account.

England · Wales · Scotland · Current guidance

Checked 20 October 2026. Review due 19 November 2026.

An overpayment notice needs its own review. The fact that money was paid to a landlord does not by itself answer every question about recoverability, liability or the rent account.

Read the decision in full

  • Identify the tenant, benefit period, amount, reason and person from whom recovery is proposed.
  • Check the stated rights and dates for requesting reasons, review or appeal. A telephone enquiry may not preserve a formal deadline.
  • Distinguish a recoverability decision from the council's choice of recovery method.

Reconcile the facts

  • Match the demand to payments actually received and the periods they covered.
  • Check move-out, rent changes and information previously supplied to the council. Retain proof of when changes were reported.
  • Identify errors or missing evidence and explain them with a short chronology.

Protect the rent account

  • If recovery is made from ongoing payments, identify whose payment is affected and apply the relevant rules correctly.
  • Keep a disputed adjustment visible rather than silently rewriting earlier receipts.
  • Update the account after the final decision and tell the affected tenant what changed and why.

Example: recovery is deducted from another payment

A fictional council recovers an old overpayment from a later landlord remittance covering another tenant. Check the specific recovery rules before charging that later tenant the deducted amount. The bank shortfall alone does not establish a new tenant debt.

What to do

  1. Read the decision and record the response or appeal deadline.
  2. Reconcile the claimed overpayment to receipts and occupancy dates.
  3. Obtain advice where recovery or allocation is disputed.

Evidence to keep

  • Council decision, remittances, tenancy dates and notifications of changes.
  • Reconciliation, appeal or review request and final outcome.

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Sources and guidance

Related guides

General information, not legal advice. Use the official source for the full scope and exceptions. Read our source and correction policy. You can print this page using your browser’s print option.

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