HELP! need advice RE renting from a friend

Danni1986

Hello all,

I would really apprieciate some advice. My boss (who i consider a friend) and her husband have control of a flat belonging to a family friend of theirs who is 95years old and in palliative care, he will not be returning to the flat. The old man is adamant that he wants all his furniture and his cat to stay in the flat (he is under the impression that he might go back at some point). So my boss and good friend has offered me the chance to move into this flat at a very minimum rate ie enough to cover the council tax and i would pay my own bills on top. i would have to look after the cat, which is not a prob. I originally jumped at the chance, obv preferring a contract etc. it has recently come to light that it would actually have to be done on a 'friendship' basis, because if they were to be seen to renting it to me, then it could look like they are doing it for their own gain. as part of being a landlord involves having appropriate safety certificates for gas/electricity etc, they cannot justify getting it all done, as the mans distant relatives are stirring up trouble and trying to get their hands on his money.

Would anyone recommend going for it on a friendship basis? should i at least try and get a very simple written agreement that just says i will be looking after the flat and i would need eg 3 months notice to leave? should i not touch it with a barge pole?

im very very confused, because i am not going to get another opportunity to get hold of a nice flat for near enough no rent!!

thank you for any advice in advance

poppysarah

Potential nightmare. Leave well alone unless you like getting caught up in loads of nonsense and fighting.

DVardysShadow

Danni1986 wrote: »

... it has recently come to light that it would actually have to be done on a 'friendship' basis, because if they were to be seen to renting it to me, then it could look like they are doing it for their own gain. as part of being a landlord involves having appropriate safety certificates for gas/electricity etc, they cannot justify getting it all done, as the mans distant relatives are stirring up trouble and trying to get their hands on his money.

Or is it that they want to keep this under the radar of the distant relatives?

As friends of the owner, what is their authority to let the place out? Until you know what that is and it is good, don't touch this with a bargepole unless you want the excitement of being turfed out

franklee

There is no such thing as a let on a friendship basis. If you move in with the owner's agreement, pay rent, have no written agreement and the landlord does not live in the property then by default you are in an assured shorthold tenancy. This means the landlord needs to protect your deposit, provide a gas safety certificate etc. etc. You will be entitled to two months notice etc. The problem comes if the owner of the property does not recognise the tenancy, that is your boss did not have the right to grant it. Then things do get messy but I think they would still need a possession order to get you out.

Is the owner of sound mind and the boss doing things informally to help a friend out? Or does the boss have power of attorney?

If you go ahead you would really want a signed agreement by someone authorised to do so to remove any uncertainty the owner didn't agree.

PS: As for skipping gas safety, friend or no you'd be just as damaged/dead from an unsafe boiler

Fire_Fox

Is it even their flat to rent, do they hold enduring power of attorney? If not this would be an illegal tenancy on so many levels, you would be practically a squatter and could be thrown out if relatives appear, you might get killed by the gas or electricity, your 'friends' could be done for fraud if they accept money ...

By law you would have to be put on the council tax and registered to vote, you are supposed to inform your bank of a change of address, both buildings and contents insurance need to know you are there, and who is going to pay for your utilities? If the old man thinks he is coming back, then get him to agree in writing you are his cat sitter until he returns (which he won't).

Danni1986

DVardysShadow wrote: »

Or is it that they want to keep this under the radar of the distant relatives?

As friends of the owner, what is their authority to let the place out? Until you know what that is and it is good, don't touch this with a bargepole unless you want the excitement of being turfed out

hi thanks for replying!

ok my friend and her husband have been looking after this man (helping with cat, help with bills etc for last 25 years) no known relatives have been in touch with him in that time until now. my friend has complete control of the mans assets, a long time ago the man and his solicitor signed it over as his health was going downhill. my friend visits him weekly at the home, and the man is in agreement with the idea of me living there as his cat will have company etc

im just a bit scared abt the no contract thing...i do trust my friend but you know how things can go wrong!!

Jowo_2

Does the original owner/tenant want someone living in his property?

Danni1986

yes thats wat they have 'enduring power of attorney' i couldnt remember the name of it. the gas central heating has just been done, its just the electrics that is a bit dated ie doesnt hold safety certificate, but an electrician has said it is safe, its just without the certificate they cannot officially become landlords etc.

maybe if i get written consent from the actual owner, and a basic agreement from them to just be the 'flat/cat sitter' it could work. there would be no deposit, and no rent to them, i would literally pay council tax and utility bills.

thanks for all the advice

Fire_Fox

Danni1986 wrote: »

yes thats wat they have 'enduring power of attorney' i couldnt remember the name of it. the gas central heating has just been done, its just the electrics that is a bit dated ie doesnt hold safety certificate, but an electrician has said it is safe, its just without the certificate they cannot officially become landlords etc.

maybe if i get written consent from the actual owner, and a basic agreement from them to just be the 'flat/cat sitter' it could work. there would be no deposit, and no rent to them, i would literally pay council tax and utility bills.

thanks for all the advice

I have EPA for my parents. If your friends have power of attorney they can do whatever is required to protect the best interests of the old man, but by illegally letting the flat to you they are leaving themselves wide open to allegations of fraud and even a conviction. They need legal advice on what a EPA means in terms of their responsibility.

They can probably appoint you as a cat sitter, but this should all be documented properly not on the back of a fag packet!! You should pay bills directly if this is the agreement as it's not good for them to receive money and it not to end up in the old man's estate. And you absolutely should be protected by all the right safety certificates, as your 'employers' (cat sitter context) must ensure your safety. Please also inform all the insurers that you are cat sitting, and the freeholder if the flat is leasehold. Who is going to pay for the cats food, litter and veterinary care? Is it insured, do you know anything about cats?

Jowo_2

Landlords don't require electrical safety certificates as a pre-requisite to renting but do need to provide EPCs. Still an obligation for the electrics to be safe.

I assume power of attorney means the original owners additional separate consent is perhaps not required (no legal knowledge, just a guess). What I mean is, is he aware and supportive of this move?

I can't help thinking it would be better to employ a house sitter or have the family friend visit the property regularly to deter squatters andn employ a separate cat sitter or get the cat fostered by a cat charity.

I know you have utterly good intentions but if you were evil, and rent (even token) was accepted, it automatically creates a tenancy which means that you could pretty much stay put there until court action is taken against you to repossess the property. This can't be done for at least 6 months if you aren't in arrears. This seems quite a careless risk for someone administering power of attorney.

Trollfever

as the mans distant relatives are stirring up trouble and trying to get their hands on his money.

I see trouble ahead....................................