occupier doesnt pay rent - are they a tenant ?

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    occupier doesnt pay rent - are they a tenant ?

    I manage a small flat management company (8 maisonettes) and am doing the rounds of checking the CP12s are done (we do this every 5 years) and one of the leaseholders has told me that he is not renting out his maisonette as the couple who are living there are doing so rent free and dont pay anything other than the gas, electric, water, phone & council tax so he is not a landlord as no money changes hands. There is no tenancy agreement in place either.

    i thought if he provides a property for another to live in then they are your tenant and you their landlord so you have to have a CP12 ??

    i am confused, is this a legal loophole that allows a secret cash payment for rent to be made and bypass the landlord/tenant responcibilities ?

    thanks

    #2
    (If true...) then I think they are "excluded occupiers" see

    http://england.shelter.org.uk/get_ad...enancy_checker

    but I would suggest there is some sort of tenancy/license here...

    Sounds a highly unlikely story..... but you never know..

    Cheers!

    Lodger
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      The occupiers could have a tenancy but- as no rent is payable- it will not be within the Housing Act 1988.
      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
        Thanks for the guidance, i thought they would still be a LL even thoughthere was no written agreement or rent paid.

        The things people do in order to get round regulations (and fail) never ceases to amaze me !!

        Comment


          #5
          There are two possibilities: the arrangement is a lease or a licence. For the purpose of the Gas Regulations licences are deemed to be leases.

          "landlord" means -
          (a) in England and Wales -
          (i) where the relevant premises are occupied under a lease, the person for the time being entitled to the reversion expectant on that lease or who, apart from any statutory tenancy, would be entitled to possession of the premises; and
          (ii) where the relevant premises are occupied under a licence, the licensor, save that where the licensor is himself a tenant in respect of those premises, it means the person referred to in paragraph (i) above


          Looks like a certificate is needed.

          Comment

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