Eviction or lies?

tommytynan123

Someone is claiming (just before they ask for money) that they are getting evicted tomorrow 4 weeks into a new tenancy renting a room in a house. Reason is they are behind with rent - even though they get housing benefit.
My initial reaction is ''lies'' as my limited knowledge indicates a formal eviction cannot be achieved so fast even if rent wasn't paid. However a small bell is ringing on the subject of renting a room when the LLord lives in the property. Anyone help me along here please?

Mr_Singleton

Housing benefit could still be being worked out so not being paid coupled with a jumpy landlord who thinks he might not get paid might lead to an eviction as you have much less rights as a renter if the landlord lives in the property.

G_M

If the LL lives there, they are a lodger, not a tenant.

Very few rights. If they have rent arrears the LL is able, and likely, to evict very fast.


LODGERS (Licencees/Excluded Occupiers)
A lodger (broadly) lives in the same property with their resident landlord, and shares facilities. Unlike tenants, lodgers have few rights.

The Housing Act 1988 provides definitions of 'Resident Landlord' and 'same property' (S31 & Schedule 1 (10).

There is advice for landlords considering taking in lodgers here:

LodgerLandlord (21 tips from solicitor Tessa Shepperson + General information site)

Landlordzone (Various articles on taking in lodgers)

Renting out rooms in your home (Government info)

Rent a Room Scheme (Government scheme for tax-free income from lodgers)

tommytynan123

Thanks - it appears the 'house' is managed by a resident caretaker and wife. Don't think so but heho eh!!

G_M

tommytynan123 wrote: »

Thanks - it appears the 'house' is managed by a resident caretaker and wife. Don't think so but heho eh!!

Not sure why 'house' is in ''. It's described as a house but is in fact something else? It IS a house, but the contract says room? Or what?

'Resident caretaker'. This is not the Landlord then? So the landlord does not live there?

It makes a big difference!

* Might 'someone' (is it you? a friend? or are you the landlord? Or caretaker.....?) be subletting from the caretaker?
* Or be the Caretakers lodger?
* or is this an HMO, with a number of seperate tenancies (one of whom acts as caretaker?

If you want advice as to who may or may not be telling porkies, or what this person's legal rights or obligations are, you will need to be much more specific.

Snakey

Never lend money to somebody you don't trust. Whether they are telling the truth in this specific instance is hardly the point. The fact that your first reaction was to assume they're lying tells you all you need to know about how it would feel, for you, to have them owing you money.

dimbo61

It can and does take weeks for housing benefit to be paid on a New claim.
Payment is always in arrears as well.
So who pays Deposit ? Who pays rent until housing benefit kicks in.
The system is very slow and any landlord waiting 8-10 weeks for there first rent will get nervous.
Housing benefit is also paid direct to the claimant who then has to pass it on to the landlord.

merlin68

I've never had a housing benefit claim take more than 28 days. You can also have it paid direct if you tick the box which i always do.

[Deleted User]

My claim for HLA took 7 weeks to be processed. Fortunately I had prepared, and had the 2nd month's rent ready so it was paid on time. I knew this could happen (housing benefit take so long to be paid), It was only just paid in time for the third month (I was sweating rather by then).

So not unusual at all.

The lodger, if they are a lodger (not necessarily a lodger if only a caretaker living at the property rather than the LL if this is what they are saying) can be evicted with little or no notice.., but it probably would have been better if they'd have used whatever money they had to pay at least half the rent themselves to show willing. But the LL is probably jumping the gun a bit.

The lodger could try and get a letter from the council explaining that HLA hasn't been paid yet.., or see if the claim can be hurried up.