Can CAF demand a repayment from the landlord?

[Bobdude]

I have spent ages trawling through the various pages of info on the CAF sites, but not been able to find an answer. In short, if a tenant is found to have fraudulently claimed rental payments, which have been paid direct to the Landlord from CAF, then can CAF re-claim any payments found not to have been due to the tenant back from the Landlord? And how far back can they go? I know back in the UK, housing benefit can be re-claimed from the Landlord (as it once happened to us!) but can't seem to find the relevant info pertinent to France. Thanks.

[Val_2]

My son has his student aide logement from the CAF paid direct to the landlord who had to submit papers at beginning of each university year. My son gets nothing from them direct, only his CROUS payments. Therefore the CAF is paying direct to the landlord,they should not be paying again to the tenant and it is their fault if they do so because the details of that tenant would already be on their system of automatic payments.

As with anything like this, you must go and see the CAF face to face, no good asking on a forum or writing letters. My son often goes there when they have not paid,because he still gets paperwork concerning the matter

[idun]

I would imagine that they could reclaim, if the person has been making a fraudulent claim to start with. I take it that they didn't pay twice, just to the landlord.

I know when my son has rented, the landlords wanted to know exactly what his income was and have someone to guarantee the payments. In fact they knew a lot about us too as we gave the guarantee and our son and I'm sure that they were perfectly aware of my son's right from the CAF.

[NormanH]

I have had to pay back a month's rent to the CAF for a tenant who left without notice and started claiming from his next address immediately. Although I was entitled to a month's notice it is up to the tenant to say where the money (which is his not the landlord's) is to go.

I know that this is not the same situation, but it demonstrates the principal that the matter is between the CAF and the tenant.

Paying the landlord direct is just a convenience.

I would expect that if the tenant was not entitled to the allocation it could be reclaimed, and as it was paid directly to you it could be reclaimed from you.

It would then be for you to demand that the tenant pays the back rent he owes.

[Bobdude]

Thank you. So, basically, it is more or less the same procedure as in the UK. This doesn't apply directly to myself - not in this particular case - but I was wondering what the position would be if, for example, the tenant was a single person, getting rent paid for a house whilst not actually living in the property, and possibly living with a partner somewhere else in France?

[Bobdude]

[quote user="idun"]

I would imagine that they could reclaim, if the person has been making a fraudulent claim to start with. I take it that they didn't pay twice, just to the landlord.

I know when my son has rented, the landlords wanted to know exactly what his income was and have someone to guarantee the payments. In fact they knew a lot about us too as we gave the guarantee and our son and I'm sure that they were perfectly aware of my son's right from the CAF.

[/quote]

Yes, that's correct - just the one rent paid direct to the landlord.

[NormanH]

[quote user="Bobdude"]Thank you. So, basically, it is more or less the same procedure as in the UK. This doesn't apply directly to myself - not in this particular case - but I was wondering what the position would be if, for example, the tenant was a single person, getting rent paid for a house whilst not actually living in the property, and possibly living with a partner somewhere else in France?[/quote]

There are controls. A couple I know were not declaring the fact that he was living there, and were caught out by a spot check.

That is clearly not the landlord's fault, and it is the tenant who is the fraudster.

The fact remains that the CAF have paid the money out and will reclaim it.

When you sign the form to ask for direct payments you have to sign this bit:

Je m'engage en contrepartie à signaler à la Caisse tout impayé dans les 3 mois suivant son apparition et immédiatement le départ de

l'allocataire du logement concerné ou la rupture du contrat de prêt.

Je prends connaissance, qu'à défaut, je devrai rembourser à la Caisse, l'allocation de logement versée indûment.

[Bobdude]

Thank you very much NormanH - that has answered my question fully.