Should i just trust her?

Cannon_Fodder

Is she casual about getting the Gas etc serviced, too ?

http://www.rman.co.uk/article_landlord-jailed-after-house-fire-19769139.html

Trollfever

Bear in mind that if she does not pay the council tax the liability will fall on the occupiers.

princeofpounds

To be honest, as long as you know what you are doing, a lot of these issues are not your problem.

If it is an 'off radar' letting, in one sense it's quite unlikely to affect you unless you absolutely must have long term security of tenure.

It's quite unlikely if the rent broadly covers her mortgage that she will default unless she has other money problems. Even if she does you will get some notice as occupiers of the court case for repossession and time to move out and use up your deposit for rent (a month or two) so bailiffs don't just turn up at the door or anything.

If she does not default the mortgage company are unlikely to ever investigate or care that she is letting out without permission. The reason it matters is just that the company don't have to respect your tenancy if permission was not given, but as pointed out you will have time to move.

Plus parliament is putting together legislation that will introduce a minimum 2 month notice from the mortgage lender in such a situation, which is no worse than you would get on a normal periodic tenancy.

If it's to avoid tax, again it's not your problem if found out, although the tenancy might be terminated. The only exception to this is if she lives abroad, as you must either pay rent to a domestic agent or deduct tax for HMRC at source.

The deposit not being protected is an issue in that it can be lost if she goes bankrupt whilst it is not protected. However, given that you will likely have a spare month in the property under any scenario, you will probably be able to offset by not paying your rent for the last period.

By not having a protected deposit, you also lose your right to access deposit arbitration to resolve inventory issues. However, you retain the rights to use the courts, and a trip to court by a landlord without a protected deposit will cost them 3x the deposit in penalties before they even get to discuss deductions, so normally they will protect the deposit late and you will gain access to arbitration again. To put it simply, the landlord is unlikely to chase you over minor breakage issues outside of a protected channel as you have a trump card to make them drop it or go legit.

Finally, whilst the deposit is not protected the landlord cannot issue you with a S21 notice, so you cannot be evicted if you continue to pay your rent. This can give you quite a powerful lever in determining the time you wish to depart.

If you know the risks and how the system works I think the situation here is actually one you could live with. The landlord is mostly disadvantaging herself by not sticking to the rules, not you (except for the repossession issue).

You need to be careful to get proper receipts and/or banking records for all money that changes hands, and you need to be sure she is who she says she is.

I should add on an extra point - a lot of the posters above are correct to express concerns about how reliable a LL she will be if this is a signal for her behaviour in general. However, being in an 'off-radar' letting is not unmanageable if you know your rights and how to compel the LL to fulfil their duties.

genuinegal

Wow - lots of responses! thanks all!

Well - i'd need to get my own contents insurance apparently aswell, which pretty standard i reckon for most rentals would you not agree?

She is paying the council tax (says this in the agreement which i have yet to sign).

Is it pretty acceptable to give her the deposit and then not get the keys till end of June till the other girl moves out?

NAR

You are getting a bargain, someone else has lived there for a year without problem - what really have you to lose?
If you were paying the proper rate of rent in a nearby property how long will it take for you to "save" your deposit?

FraudBuster

she seems lovely and genuine enough

Scam artists usually do.

genuinegal

Well - after MUCH deliberation and advice from mum, friends, etc - i've decided to go with it. It is after all a legit tenancy agreement confirming she is paying for all the bills and that i won't have to pay the last month's rent at end of agreement in place of not getting the deposit, so.................................

This is stressful!!

I really appreciate all the advice and support you have give

lincroft1710

It doesn't matter what landlady claims, you and flatmate are jointly legally responsible for the Council Tax, not her. If council discover she is not occupying the flat they will send you the bill and expect payment very quickly.

The tenancy agreement does not conform with all the laws it should conform with.

BexInLondon

Re the council tax issue - you really don't want to be chased for £1,000 in a year's time! You could ask her (in a very friendly way) if she could show you proof that it is paid up-to-date. Some councils allow for the creation of an online account - perhaps she could let you look at this. You could explain that someone you know got stung by council tax so you're just a bit cautious about that, as it sounds like she doesn't want lots of hassle or questions. Everything else sounds ok (not legally, but in terms of risks to you, as per PoP's post).

clutton_2

pyeuk says ""How do you know this person will not get their property reposessed and you will be out on the streets in days with your deposit in thin air? ""

yet more scaremongering..... the government and lenders have worked together to make sure that any documents relating to repossession are also sent to "the occupier" so that tenants are aware ahead of any court hearings that the LL is in financial trouble... tenants can then attend court and plead their case and judges will rarely throw families with children out on the street with little notice - and have been known to frequently grant another 42 days....