Dodgey housing situation?

AlanWatts

Hi, we moved in to our flat a year ago now. Was given a six month tendency. The flat wasn't ideal when we first moved in, with storage heaters and the weather at the time it was cold!! I was concerned about how much energy we were using however the landlord said we could just pay him an extra 120 month for all bills and council tax. Sounded like a good deal. The tendency ran out in August and we have just stayed here since without one. We are having money problems right now and asked the landlord if we could ask for benefit help. He said that he is leasing the flat along with the shop downstairs and it's not classed as residential. The lease runs out soon and we need to look for somewhere else.

I guess my question is, does this sound legal, we are living in a flat which seems the owner has no ldea we are here?

CIS

The flat is residential by use for the purposes of council tax and should be swapped over from business rates to council tax. By charging the money directly your landlord has tried to avoid declaring the correct usage of the property and likely broken large parts of the Housing Act alongside it.

As soon as you try and claim for Housing Benefit or Council Tax Reduction it will become apparent that the property is not declared as residential and that then needs to be rectified - Council Tax Reduction, for example, cannot be claimed where a property is not yet listed in the council tax valuation list so that would require the Valuation Office Agency to create the property and backdate the charge (even if occupation was illegal for other purposes it does not prevent council tax being due.)

HampshireH

You could have claimed benefits without your LL knowing as they come direct to you and you just keep on paying.

Could have been quite interesting if you had gone down that route by the sounds of it.

I would start looking elsewhere. It sounds like thr accommodation is tied to the commercial lease and he has subletting it instead of living in it himself. Something his lease prohibits.

sal_III

BTW it's tenancy, not tendency. The first time i thought it was an auto correct mistake, but you used it twice.

Comms69

AlanWatts wrote: »

Hi, we moved in to our flat a year ago now. Was given a six month tendency. The flat wasn't ideal when we first moved in, with storage heaters and the weather at the time it was cold!! I was concerned about how much energy we were using however the landlord said we could just pay him an extra 120 month for all bills and council tax. Sounded like a good deal. The tendency ran out in August and we have just stayed here since without one. We are having money problems right now and asked the landlord if we could ask for benefit help. He said that he is leasing the flat along with the shop downstairs and it's not classed as residential. The lease runs out soon and we need to look for somewhere else.

I guess my question is, does this sound legal, we are living in a flat which seems the owner has no ldea we are here?

You are fine and can do as you wish.


The landlord may be in breach of his lease (not your problem)


I suspect you haven't been provided with any of the required paperwork. Was your deposit protected?

AdrianC

sal_III wrote: »

BTW it's tenancy, not tendency. The first time i thought it was an auto correct mistake, but you used it twice.

His smellchucker may well have a tenancy to suggest the wrong word.

theartfullodger

Check first with landlord if he is a registered landlord. If not, inform him fine for him breaking law is up to £50,0000: then report him to council.

Apply for whatever benefits you wish. Do you have copy of tenancy agreement on paper? What was EXACT date tenancy started please? If after 1st December 2017 he will be pretty much unable to evict you.

G_M

theartfullodger wrote: »

Check first with landlord if he is a registered landlord. If not, inform him fine for him breaking law is up to £50,0000: then report him to council.

.

What have I missed? Is this Scotland or one of the specific English councils that require landlord registration?

Jumblebumble

G_M wrote: »

What have I missed? Is this Scotland or one of the specific English councils that require landlord registration?

Nothing
The OP got advice from some random character on the internet instead of someone who understood the law
The advice may be correct for some councils and for HMO but this is a far cry from the opinion that an unregistered landlord is definatly doing something wrong. and could be fined
There is no requirement for many landlords to be registered
JumbleBumble

AlanWatts

Thanks guys, I'll go to shelter see what they say, we are looking for something else and yes English although my native language is not one of my strengths lol.

[Deleted User]

If you are having financial problems do you have enough money to pay a deposit on somewhere else? I am sorry to say this but being practical, as you are on a rolling tenancy, it might be best not to muddy the waters with the LL until you are able to move elsewhere. Unless you are a 'vulnerable' household (which you may or may not be) the council are likely to be unwilling to help with social housing.