Norwich CC v Stringer (2001)

A landlord received housing benefit directly from the local authority in respect of his tenant, but was overpaid due to receiving the benefit money after the tenant had left the property. The landlord received a demand from Norwich CC to repay this housing benefit. He voluntarily paid part of the sum demanded, but said that as he had not been aware that the tenant had left the property he should not be liable to pay the whole amount. He argued that he was liable for only the period after which he became aware of the tenant's departure, but Norwich CC sued him for the whole amount.

The landlord issued a counterclaim for reimbursement of the amount he had voluntarily paid, as he said that he was not in fact liable for that amount since the local authority had failed to comply with the notification requirements of the legislation (Housing Benefit (General) Regulations 1987 reg.77(1), which was the current legislation at this time). He contended that because of this, Norwich CC could not sustain an action for recovery in the county court.

The landlord was successful at first instance but an appeal by Norwich CC was allowed. The landlord then appealed himself, saying that he was entitled as of right to recover the amount that he had paid pursuant to a demand that Norwich CC had not had the power to make.
Norwich CC cross appealed, arguing that as the landlord had never been entitled to housing benefit for the period after the tenant had left the premises he was not able to recover that amount just because the council had failed to follow a particular procedure.

HELD: The Court of Appeal dismissed the appeal; the landlord could not recover the money he had already paid Norwich CC because he had received public money that he was not entitled to and had been asked to return it.

 

Citation: Norwich CC v Stringer (2001) 33 H.L.R. 15