B&B laws

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    B&B laws

    morning all!

    does anyone know much about the B&B tenency laws?

    we have a contract with a council to house people on a daily basis

    they've just canceled a tenent - but he's refusing to leave

    we have a contract with the council, no contract at all with the tenent

    can i change the locks and through his things out?

    #2
    HI Andy,

    The tenant will have been on a license agreement with the council, which enables the council to evict him with 24hours notice. I wouldn't change the locks on this one. I would and have done in the past. I now call the local police station and deal with them, advise them of the situation and advise them you would like them there to prevent a breach of the peace. The police cannot and will not evict a tenant but they can be there incase the tenant makes a fuss. You tend to find that most tenants make a fuss and leave without getting arrested. With the police there it prevents any damage to your property.

    With reference to the police, the council will have given him a license agreement. They require that in order to pay benefits under LHA regulations. On the license agreement it will state that they will give him 24hours notice, get that notice from the council prior to approaching the police and it makes everything perfect. The police will be there primarilly to protect the property and anyone else in the house.

    Hope this helps, if you need any other info just let me know.

    Jax

    Comment


      #3
      So does L let to Council (C), in order that C can sub-let? There should be a Lease or Tenancy Agreement between L and C.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Hi Geoffrey,

        I have a number of properties that are let via the council and unfortunately the council dont or haven't in my case entered into any agreement only that they will pay the rent on invoice for the temporary accomodation as long as they have a duty to house the homeless person. I always find that the council have an license agreement with the tenant/lodger to claim emergency housing benefit rates.

        Jax

        Comment


          #5
          Perhaps the terms offered in correspondence evidence an unwritten Letting Agreement?
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment

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