The following case deals with the situation where payment was changed from the landlord to the tenant without notifying the landlord.
This is NOT a case where the landlord notified the local authority that the tenant was eight weeks in arrears and then failed to pay the landlord, however the principle of this case will still apply to such a case [Doncaster v Coventry City Council, First Tier Tribunal 032/09/00932, 5 October 2009]
In summary, the below case is stating that where a local authority fails to follow the regulations and as a result payment is made to the tenant which otherwise it would not have done, there is no power in the regulations to pay the landlord in addition to what has been paid to the tenant. This is because once a payment has been made by the council, the regulations don’t allow a second payment for the same period to another person. The below case is worthy of reading to get a full understanding as to the reasons why this is the case.
However, at the end of the commissioners judgement, he suggested that the landlord was not without remedy. He states... Please login or signup to continue reading this content