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  • FIRST POST
    • theloft
    • By theloft 20th Mar 17, 11:09 AM
    • 1,677Posts
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    theloft
    Advice on leasehold flat required
    • #1
    • 20th Mar 17, 11:09 AM
    Advice on leasehold flat required 20th Mar 17 at 11:09 AM
    My cousin, who is not well off financially having been made redundant 2 years ago and is still out of work , is 50 years old and has always lived and looked after his mother. They live in a rented flat in North London which is rented from a private landlord. His mother is quite ill and it appears she may have to go into a nursing home. What is his legal position in regard to continuing to live in the flat?
    Any advice would be appreciated. He has approached a solicitor who told him that the charges are £250 per hour which he cannot afford.
    "0844 COSTS YOU MORE"
Page 1
    • SerialRenter
    • By SerialRenter 20th Mar 17, 11:51 AM
    • 560 Posts
    • 559 Thanks
    SerialRenter
    • #2
    • 20th Mar 17, 11:51 AM
    • #2
    • 20th Mar 17, 11:51 AM
    If your cousin is on the tenancy agreement and can afford to continue paying the rent by himself then its no issue for him to continue living there.

    If he's not on the tenancy agreement and is not known by the landlord then it gets trickier and he might have to look for alternative accommodation, which he may want to do anyway, as a one bedroom place is inevitably going to be cheaper than what i assume is a 2 bed.
    Last edited by SerialRenter; 20-03-2017 at 12:18 PM.
    *Assuming you're in England or Wales.
    • theloft
    • By theloft 20th Mar 17, 12:32 PM
    • 1,677 Posts
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    theloft
    • #3
    • 20th Mar 17, 12:32 PM
    • #3
    • 20th Mar 17, 12:32 PM
    Serial Renter:His situation is quite serious as he is not on the lease, but is known to live there by the landlord. His financial situation would probably prohibit him from getting a new tenancy as this is an old one and the rent is very reasonable.
    "0844 COSTS YOU MORE"
    • Penitent
    • By Penitent 20th Mar 17, 12:44 PM
    • 663 Posts
    • 1,784 Thanks
    Penitent
    • #4
    • 20th Mar 17, 12:44 PM
    • #4
    • 20th Mar 17, 12:44 PM
    If he wanted to continue living there, he'd need a new tenancy agreement in his own name. The landlord may agree to this if he believes your cousin can pay the rent (in order to avoid a void period, additional EA fees, etc).

    Would your cousin be reliant on housing benefit to pay the rent? Not all landlords accept this and I believe he would only be entitled to the one-bed rate. Would this be enough to cover the rent? If not, does he have enough from his other income to make up the shortfall?

    Ultimately, the better option may be looking for something smaller (a one-bed, bedsit or shared accom).
    • Cakeguts
    • By Cakeguts 20th Mar 17, 1:01 PM
    • 2,075 Posts
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    Cakeguts
    • #5
    • 20th Mar 17, 1:01 PM
    • #5
    • 20th Mar 17, 1:01 PM
    When did the tenancy start? Was it before 1988?
    • Hoploz
    • By Hoploz 20th Mar 17, 1:48 PM
    • 3,498 Posts
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    Hoploz
    • #6
    • 20th Mar 17, 1:48 PM
    • #6
    • 20th Mar 17, 1:48 PM
    All may not be lost here. The landlord is a real person, and may be quite open to adding his name or even changing it to his name. He may feel happier renting to someone he already has (some kind of ) history with, even if it is paid with housing benefit, than having to start again finding a complete stranger (who could equally lose their job at any point during the tenancy )

    It's worth having the conversation, surely?
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