L won't confirm tenancy for T's successor to claim HB

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    #31
    The Landlord always refused to give my Father any rent book or receipts for the rent. Never had any section 48 notice except when the landlord sent my Father an eviction notice, don't know if this is the same, from WH Smiths stationary.
    The rent is paid every four weeks as the Landlord refused to collect the rent years ago. So the council advisor arranged for it to be payed by cheque every four weeks. It is not monthly just every four weeks. On the rent officers form they put it is a weekly rent. So it is a bit confusing as the rent is paid every four weeks and not actually paid weekly.

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      #32
      Yes, I see what you mean, its not straightforward, but still sounds like a weekly tenancy. The tenancy agreement should say something on the issue.

      The section 48 notice doesnt have to be in a prescribed form, its just a notice or a letter telling you where you can serve notices, so it could have been incorporated in other legal documents, although I doubt it was included in the document you referred to.

      Without getting too technical, there is also a possible argument that you are entitled to a fresh section 48 and rent book when you succeeded to the tenancy, given that the case law indicates that your tenancy should be treated as new tenancy with the tenancy period commencing the day after your father passed away (see my earlier post).

      So, just keep these things in mind and mention them to your solicitor when you have the appointment. The upshot is that if the landlord does start trying to claim you are in arrears, you may have a technical defence on the grounds that you havent been provided with the appropriate information.

      Anyway, I really do wish you all the best with your problems, I am sure they will be sorted in the new year and I hope you keep us informed of developments.

      Off to the pub now so if you receive any posts from me between now and tomorrow morning, treat them extreme caution!

      Merry Christmas

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