Tenancy and Legal Ownership

[mkeay]

I entered into a tenancy for a room in a shared house. I was working at the time. After 2 months I found myself out of work - and discussed my situation with the landlord.

 

He did not want me to claim Housing Benefit as in his words "it would cause him a problem". There was a look of genuine concern.

 

This was 3 weeks ago. Because I was worried how I was going to be able to pay rent without Housing Benefit I approached the Council about what assistance they could provide with regards to the situation. I have since found out the following new information.

 

This house is in the name of the executors of a deceased persons will. It has been in this state for 3 years (no council tax has been paid in this time).

 

The "landlord" actually rents the house from the executors of the deceased persons will.

 

Because there is no legal ownership - I am being told by the landlord I will not gain Housing Benefit ?? Is this true ??

 

If that is the case, what is the exact status of my tenancy ?? Am I squatter - even though I entered into a tenancy in good faith ??

 

The landlord is now allowing me to stay in the room without paying rent ?? What impact does this have on my tenancy ?? At present I am stating that I want to pay rent so I do not inadvertently surrender any tenancy rights I may have

 

My landlord has confessed that without a court ruling the ownership of the property will stay in dispute. It would appear that I have done nothing wrong. But there is an issue surrounding the house ownership - which unfortunately is affecting my tenancy and ability to claim Housing Benefit to pay my rent while I find myself new employment.

 

The council are interested in getting paid council tax for the last 3 years. That has nothing to do with me - but I should not be put in situation where my tenancy (and my subsequent rights) are affected by decisions not of my making.

 

I do have an appointment to meet a solicitor regarding this whole affair next week.

 

Anything to help appease my anxiety in the interim would be grateful. My view is that in the absence of a legal owner of the property, I would be considered a squatter, although not through my choice, so I should avoid the problems involving the new laws involving fines and imprisonment for squatting.

[Steve__M]

I believe the legal owner is still the deceased owner.

 

My b-in-law got housing benefit for years on a flat, then it turned out that the landlord had left the flat in the name of his late grandfather.

 

Can you get in writing a statement from LL that you will pay a nominal amount of rent till you get a new job (a pound a month, say?).

 

Not too sure what all the issues are regarding LL subletting house. I imagine this can be done legitimately. LL concern may be related to not declaring income, or may be because he is himself already claiming housing benefit??? Alternatively his fears are unfounded.

[mariner51]

I suggest the property forms part of the estate of the deceased person until disbursed to beneficiaries, as such the Executors would have legal control. They could let to LL pro temp, who could let to you. Your LL does not have to own the property but HB dept will want to see a valid AST from you signed by 'the LL' before considering your claim.

 

At some point the Executor or your LL, prob both, will have to face awkward Qs about C Tax from Council.

 

The disputed ownership claim is cause for concern as you may not have long to stay if resolved. As Steve says your LL may be pulling some sort of sc*m.