Lodger and Notice

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    Lodger and Notice

    We have a lodger who resided with a rent regulated tenant who has now passed away, we don't believe he has any rights to the tenancy. What form of notice would you serve on him to vacate

    #2
    Have you accepted any rent from the lodger since your tenant passed away?

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      #3
      Direct bank payments made as per usual after the tenants death, he is claiming HB and the local authority wont pay him unless he can provided evidence of a tenancy with us, which we haven't provided

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        #4
        The fact that he has been paying rent to you means that he does have a tenancy with you. He has at least a periodic assured shorthold tenancy. Wait for further confirmation, but you'll probably have to serve him a S21 notice.

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          #5
          Originally posted by steve.healey View Post
          Direct bank payments made as per usual after the tenants death, he is claiming HB and the local authority wont pay him unless he can provided evidence of a tenancy with us, which we haven't provided
          Was he paying you before the RT passed away, as suggested by your earlier post? Or is he paying into the RT's account still?

          pm
          Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

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            #6
            Hi, he wasn't paying it was the RT account, looked at the pattern and where it came from and still the same details

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              #7
              Originally posted by steve.healey View Post
              Hi, he wasn't paying it was the RT account, looked at the pattern and where it came from and still the same details
              To clarify, the RT's account is still paying you, all that was due or just the Lodger's portion? If the L is still paying to the RT's account, and not to you directly then I do not think you have a TA of any sort with him. But, I am not 100% on that.

              I am sure that you should not accept any payment from the L at all, as that would create and start a tenancy between him and you.

              pm
              Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

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                #8
                Yes the RT account is still paying up until last week. The query though is what notice should I serve him assuming we accept he has a tenancy, he will try and claim he is a co-habitee of the RT

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                  #9
                  Before serving notice, you need to know what his status is.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

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                    #10
                    We are taking the view if he has been receiving HB as a lodger, he is a lodger

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                      #11
                      After the RT died, the law (depending on the actions taken by you) may say different.

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                        #12
                        AFAIK when a T dies, rent remains payable until Executor surrenders T.
                        Best to check with deceased's family, if any, if they are aware of 'lodger', and say you will accept surrender and stop accepting rent at end of next T period, provided deceased's belongings and lodger have been removed. Tech the deceased, or rather her Estate, is the lodger's LL.
                        DO NOT accept rent directly from T.

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                          #13
                          As Mariner says...

                          It may be worth contacting HB dept at council "to help them" just to let them know your tenant has died & did they know as money is still coming through to you .. opps did I mention there may be a 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...

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                            #14
                            Originally posted by thesaint View Post
                            Before serving notice, you need to know what his status is.
                            That would be ideal. OP could start the process to remove the L by sending a letter telling L them that the arrangement they had has ended with the passing of the T, and that they, L, are required to leave the property by XXXX date. Hopefully not over Christmas and New Year, but giving the L reasonable time to relocate. OP could also make it clear that they will not accept any "rent" or payment from the L, and that there is no intention to create a T with the L.

                            L has a choice, accept the letter, or challenge it and establish whether or not they have a status other than L?

                            OP is no worse off than now, a letter might work, L might leave, or might challenge the letter and on taking advice be told that they do have to go as requested. In which case OP finds out the status of the L and can proceed accordingly.

                            pm
                            Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                            Comment

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