Please help with HAP contribution question

garybaldy

My mum has been in rented accommodation for the last couple of years, rent has always been paid (in full, on time) at the start of the month. She recently qualified for HAP, the landlord (via the letting agent) completed all the paperwork and from mid November her deductions started from her social welfare payments. This week, the letting agent received a pro-rata amount to cover rent for November (since they pay in arrears) From next month, the full amount will be paid to the letting agent.

However, my mum paid ALL the rent on 1st November because she didn't know at that stage when the HAP would be approved.

The letting agents have emailed her to advise that the (pro rata) amount they receive this week will be offset against December rent, and that my mum owes the difference. And from January on, she will only have to pay her contribution.

But to us, this is not right? She paid the rent in full for November, then HAP payed almost the full amount for November (in arrears) so in fact the letting agent/landlord now has almost a full month's rent in extra payment.

They are saying that the landlord will be out of pocket, but why should my mum be out of pocket? HAP office have confirmed that the payment sent to letting agent this week is a pro-rata payment for November rent. Are they allowed to offset this against December's rent?

Where would my mum stand if she refuses to pay any extra on 1st December? I appreciate it's gone from payment in full in advance (1st of the month) to the 3rd week of the month but they knew that was the case when they signed the agreement with the council. And the person we spoke to in the HAP dept. confirmed that this letting agent has many clients on HAP so knows how it works.

Sorry this is so long, but I didn't want to drip-feed with the details. Any advice would be much appreciated.