CALLING ALL LAWYERS- I have been given misinformation – what are my rights?
Hi all,
I was given misinformation from my local authority. They told me I was entitled to up to £700 Housing Benefit per month for a 1 bedroom flat. However, I have since moved into a 1 bedroom flat and have now been told that I am NOT entitled to that amount – because they have an age restriction (you must be over 25 for a 1 bedroom flat allowance).
They did not tell me about the age restriction before-hand, and now I am in serious debt because of them and cannot afford my rent payments.
I thought there was maybe a Misinformation Act, but I can’t find any info anywhere.
What can I do about this? Do I have any rights at all? Surely there must be something for those who are given misinformation?
Hope ya’ll can help me!
Thanks!x
katt121 – I do have a job actually, I work from home as a Freelance Games Developer and I pay my taxes, and I have been working since I was 13, not that it is any of your business.
I do have proof of the amount they offered me, as they record all of their phone calls. They can review my phone call to them if it comes to that.
I don’t really need a lawyer lol, anyone who knows anything about law would be able to help me. It is a very simple question, I thought!
Thank you so much for your help JZD!
I thought that might have been the case, because they are the Local Authority they deem themselves as ‘untouchable’. So I guess I will have to think of a Plan B!
Thank you!
Quick House Sale
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June 29th, 2010 at 8:34 am
lol dont ask this question at 12pm in the day, the lawyers are at work!
June 29th, 2010 at 8:00 pm
You could do what the rest of us do – get a job and pay your own way.
Just a thought!
Edit – If you have a job then pay your own rent!
June 30th, 2010 at 6:32 am
If you do not have the offer of benefits in writing then it might as well never have happened and you will get nowhere.
July 2nd, 2010 at 12:31 am
i agree with timbo
July 4th, 2010 at 8:03 pm
a lawyer would want $300.00 to answer a question. they are in it for the money, not to help people.
July 5th, 2010 at 4:00 am
I’m afraid you have no legal remedy.
The Local Authority cannot affect your legal entitlements. You are either entitled to those benefits or you are not.
Nor are the local authority legally liable for your personal income and expenditure. There is no Misinformation Act.
You are entitled to sue on the basis of advise given in a professional capacity by paid advisers such as accountants, lawyers and so on. In certain limited circumstances.
The LA does not fall within that category.
In terms of what you can do – move out as soon as possible.
(or increase your income – easier said than done)
July 7th, 2010 at 3:13 pm
JZD is 100% correct in everything he says, but the local authority is not completely untouchable. If you have suffered in consequence of a local authority making a mistake, it is still possible to refer the matter to the Ombudsman, who will independently review the position and make a determination.
If there is a finding of maladministration, it is possible for an award to be made which can include an apology and a monetary award. It’s free. You can find out more (and even make a complaint online) via the link below.
July 8th, 2010 at 4:10 am
Housing Benefit (HB) is calculated on an individual basis and takes into account your personal circumstances, income, liable rent etc.
If you approach HB before you have identified accommodation and have proof that you are liable for rent, it is impossible to give a definitive forecast of the amount of benefit you are entitled to.
It is unfortunate that you chose to act on limited information but you have not been misinformed and have no recourse or remedy. In future it may be an idea to seek independent advice from an organisation such as Citizens Advice before making such a commitment.
Good luck.