'excluded occupier' or not?

FlorayG

If someone has sole use of someone else's house and has a tenancy agreement that says they pay £50 a month but they are not actually ever asked to pay it - does that make them an excluded occupier because they don't pay anything or is it a proper tenancy because the agreement says £600 a year?

theartfullodger

London or not? If London it cannot be (legally) an AST (min £1000 pa )  -but it's a tenancy so they are tenants .

If not London it's an AST (min £250pa) so AST tenants.

Have they been served a notice of an address in England or Wales for the London? If not no rent due (but becomes due when address provided).

Entirely not logical. 

FlorayG

theartfullodger said:

London or not? If London it cannot be (legally) an AST (min £1000 pa )  -but it's a tenancy so they are tenants .

If not London it's an AST (min £250pa) so AST tenants.

Not London
So even though she doesn't actually pay any rent, the tenancy agreement covers that? (There are other issues so please just answer on this point)

theartfullodger

Ianal  (I am not a lawyer) but imho yes.  But check with the experts at Shelter.

Agent/landlord probably won't understand.  (To be an agent or landlord in England requires no qualifications, no training, no criminal records check - they could be any clown , and often are.
)

Grumpy_chap

theartfullodger said:

To be an agent or landlord in England requires no qualifications, no training, no criminal records check - they could be any clown 

AIUI, that is a calibre of LL that is not exclusive to England but is UK-wide.  Or are there tighter rules in those other countries?

theartfullodger

Grumpy_chap said:

theartfullodger said:

To be an agent or landlord in England requires no qualifications, no training, no criminal records check - they could be any clown 

AIUI, that is a calibre of LL that is not exclusive to England but is UK-wide.  Or are there tighter rules in those other countries?

UK wide??  Not united, not my king..... 

 Other countries do this better: For example Scotland requires landlords to at least be registered - anyone (ANYONE) can look up who is the registered landlord of a property, 24x7, for free. 
https://www.landlordregistrationscotland.gov.uk/search

And look up, free, 24x7, who (agent, landlord, tenant) had cases found involving them...  Can be very informative...
https://housingandpropertychamber.scot/previous-tribunal-decisions

Come on England, catch up!!!  (i'm still a landlord, but no longer one in scotland - problems with my  age (77), health and distance... no complaints, happy to be still going!)

Best wishes to all..

Grumpy_chap

Can any clown still register as LL in Scotland?  Or is the registration a meaningful quality control?

theartfullodger

Grumpy_chap said:

Can any clown still register as LL in Scotland?  Or is the registration a meaningful quality control?

Thank you - yes it's true I was a registered landlord in Scotland.