Peabody estate question

bella*donna

Hi,

A friend I went to uni with has asked me some advice and I haven't a clue so I thought I'd ask you guys.

He has a flat on a peabody estate in London. It used to be his dads and got signed over to him about 12 years ago. Problem is, he hasn't lived there for 8 years.

He got into a bit of trouble with some lads in the area and left. He had friend living with him and left him there (he hadn't informed Peabody that he had a lodger). The friend was annoyed to be left to foot the rent and other bills by himself and left to. My friends uncle moved in and stayed there for 7 years. He moved out and his son (my friends cousin) now lives there. He is a student teacher.

My friend has now realised that according to the books, he still is the tennant at the flat and he is wondering if he can get into trouble for not living there for the pat 8 years (he now lives in Cornwall with his g/f).

I have no clue about this kind of thing. Can he be in any kind of trouble for not informing Peabody he doesn't live there?

Thanks guys.

Jowo_2

He should hand back the property to the social housing organisation so they can let it out to people in need on their waiting list.

He should read the terms of his tenancy contract/tenant handbook to identify if it has a typical clause there which makes it a breach of the tenancy contract not to live there and to sublet it without permission.

I'm not aware of a social housing body prosecuting their tenant for subletting (doesn't mean it hasn't happened). Typically once they discover that the tenant is no longer living there, they take action to recover the property and this is a civil action, such as seeking repossession through the local court.

Who is paying the rent and to whom? Is he making a 'profit' on it? Does he appreciate that if the subtenant wracks up rent arrears or damage, he is responsible for it - the tenancy is in his name. Are there any council tax arrears?

puddy

does he receive the rent himself? if so, he needs to pay tax on it

BitterAndTwisted

Depends on your pal's definition of "trouble". If the trust find out that your pal doesn't live there and is sub-letting they will most probably seek to repossess. Depends on whether he wants to give the place up formally or not. If he has no intention of moving back he should surrender the property so the trust can use it to rehouse someone in need.

bella*donna

Thanks for your replies.

The rent is being paid by the guy who lives there, nothing goes through the hands of my friend and nothing is in arrears. He has heard about a man who was made to pay the difference in rent back to the association as the place was being sublet by someone who didn't qualify for assisted housing. My friend has taken this to mean that if he is found out, he will have to pay what a "normal" flats rent would have been for the past 8 years ie peabody rent £300 p/m, regular flat £700, he will have to make up the difference which would run into thousands!

He is also worried about being prosecuted (?!?)

BitterAndTwisted

Then your friend is patently not in the same situation as the example you have illustrated. I doubt there would be any prosecution as an eviction is a civil matter.

Your friend should surrender the property if he's not planning to go back and live there

bella*donna

He is in the situation I have illustrated.

He does have a tendancy to panic and think the worst. He is not going back to live there. I have advised him to surrender the property.

He is the type of person to stick his head in the sand and not deal with things and hope they kind of sort themselves out.

Thanks for your help.