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<p /> <p>Responsibility for recovery of Housing Benefit overpayments lies with the
Local Authority who paid the Housing Benefit and now seek to recover it. They will
make the decision firstly on whether it is an overpayment and secondly whether it
is recoverable and from whom it is recoverable.</p><p> </p><p>The legislation provides
for instances of recovery of housing benefit overpayments direct from the landlord
where it has been paid to the landlord as long as the overpayment is recoverable and
the Local Authority has decided to recover it.</p><p> </p><p>However, if the overpayment
arose as a result of a misrepresentation or a failure to disclose a material fact
by the tenant, or an appointee, then it can only be recovered from the person who
misrepresented or failed to disclose i.e. the tenant or the appointee. The legislation
also covers a number of other instances where recovery could not be sought from the
landlord.</p>
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