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apronedsamurai
Posts: 78 Forumite
Saw an advert on Gumtree.
Was advised I would bhe living with a live in landlord, thereby making me a lodger or "excluded occupier".
I signed a tenancy agreement and applied for housing benefit. Turns out that the gentleman who gave me the tenancy agreement (and which we both signed and dated) is not the landlord at all, merely another tenant renting this two bedroom property.
Thererfore, to be eligible for housing benefit I require the consent of the actual, legal owner which turns out to be some letting agency. However, according to him, they will just tell me to go if I inform them I am here. I am desperate, I have nowhere else to go, no friends or family to turn to, and despite my best efforts in trying to find somewhere else, I have had no luck.
Would I be able to recover any money I paid to him on the grounds of fraud? He maybe subletting the property, but imo he has either defrauded me, or he is defrauding the real landlord by taking money that is not rightfully his for the landlord's property. Any advice would be gratefully recieved.
Was advised I would bhe living with a live in landlord, thereby making me a lodger or "excluded occupier".
I signed a tenancy agreement and applied for housing benefit. Turns out that the gentleman who gave me the tenancy agreement (and which we both signed and dated) is not the landlord at all, merely another tenant renting this two bedroom property.
Thererfore, to be eligible for housing benefit I require the consent of the actual, legal owner which turns out to be some letting agency. However, according to him, they will just tell me to go if I inform them I am here. I am desperate, I have nowhere else to go, no friends or family to turn to, and despite my best efforts in trying to find somewhere else, I have had no luck.
Would I be able to recover any money I paid to him on the grounds of fraud? He maybe subletting the property, but imo he has either defrauded me, or he is defrauding the real landlord by taking money that is not rightfully his for the landlord's property. Any advice would be gratefully recieved.
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apronedsamurai wrote: »Saw an advert on Gumtree.
Was advised I would bhe living with a live in landlord, thereby making me a lodger or "excluded occupier".
I signed a tenancy agreement and applied for housing benefit. Turns out that the gentleman who gave me the tenancy agreement (and which we both signed and dated) is not the landlord at all, merely another tenant renting this two bedroom property.
Thererfore, to be eligible for housing benefit I require the consent of the actual, legal owner which turns out to be some letting agency. However, according to him, they will just tell me to go if I inform them I am here. I am desperate, I have nowhere else to go, no friends or family to turn to, and despite my best efforts in trying to find somewhere else, I have had no luck.
Would I be able to recover any money I paid to him on the grounds of fraud? He maybe subletting the property, but imo he has either defrauded me, or he is defrauding the real landlord by taking money that is not rightfully his for the landlord's property. Any advice would be gratefully recieved.
It does sound like the tenant is subletting without permission, the heading of this thread should probably be "Scammed by Tenant"0 -
You should have stopped when 'Gumtree' was involved in the sentence.
I got scammed by Gumtree once, never again, you live and learn"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
apronedsamurai wrote: »Saw an advert on Gumtree.
Was advised I would be living with a live in landlord, thereby making me a lodger or "excluded occupier".
Be very careful of adverts on gumtree or craiglist offering rooms - Heard way too many bad stories, particularly offers of low rent in exchange for "benefits"... https://www.theguardian.com/money/2018/apr/02/sex-for-rent-accommodation-rogue-landlords-campaign
That said, accommodation in exchange for genuine work (such as renovation, gardening, or social care) is not uncommon. As a live-in landlord myself with a pair of lodgers, I would be prepared to make rent reductions in exchange for gardening and/or help with certain DIY tasks. Also happy to accept lodgers claiming HB, so once the claim has been processed, the rent should be paid on time.
Getting your money back from the current "landlord" may be difficult. As an "excluded occupant", there is no requirement to put any deposit in a protection scheme. And if you rock the boat, you can be kicked out without notice. However, subletting probably puts him in breach of his tenancy agreement - Use this to your advantage and let him know if your money isn't refunded, you'll take it up with the letting agency.Her courage will change the world.
Treasure the moments that you have. Savour them for as long as you can for they will never come back again.0 -
Are you a lodger or a sub tenant? A sub tenant must have exclusive use of one room (usually the bedroom) - i.e your live in landlord cannot enter it.
A lodger needn't have this..
The actual tenant of the property is your immediate landlord and their landlord is the head landlord. I am presuming you pay your rent to your immediate landlord. This is who you have a contract with. To claim housing benefit you should be showing them your contract with your immediate landlord, not the head landlord. Who told you that you need the contract from the head landlord?
It does not matter whether you are a lodger or a sub tenant - you are still eligible for HB.0 -
The council told me I needed the head landlord permission, on the grounds that the head landlord is the legal owner, not the tenant/my landlord.
I have exclusive access to a bedroom which has a lock on it and an en-suite bathroom. I share a kitchen and lounge with my flatmate/landlord.
My tenancy agreement is with Brian, my immediate landlord, the man I live with.0 -
???apronedsamurai wrote: »Saw an advert on Gumtree.
Uh oh!
Was advised I would bhe living with a live in landlord, thereby making me a lodger or "excluded occupier".
OK
I signed a enancy agreement Why? If you were to be a lodger? Still - makes no difference to either your status, or your contract as such.
and applied for housing benefit. Turns out that the gentleman who gave me the tenancy agreement (and which we both signed and dated) is not the landlord at all, merely another tenant renting this two bedroom property.
No. He is your landlord and you are his lodger.
Thererfore, to be eligible for housing benefit I require the consent of the actual, legal owner which turns out to be some letting agency.
This is a Benefits issue - not a housing issue.
How do other lodgers claim benefits (I don't know)?
However, according to him(you mean your landlord, or his landlord?), they will just tell me to go if I inform them I am here.
The Benefits authorities cannot 'tell you to go'. Only a judge can do that to a tenant, and only a landlord can do that to a lodger.
......
Would I be able to recover any money I paid to him on the grounds of fraud?
What fraud?
* someone told you you could move into a room in a house as a lodger
* you signed a contract with that person and paid him
* you moved in, and now live with him as agreed
* he is your landlord.
He maybe subletting the property No - this is not sub letting. You have a licence to occupy as a lodger
, but imo he has either defrauded me,
Hmm..
* do you pay him rent?
* does he let you live with him in return as promised?
* where is the fraud?
or he is defrauding the real landlord by taking money that is not rightfully his for the landlord's property.
I assume (correct me if I've misunderstood) he is paying rent to his landlord as agreed under his tenancy.
Without seeing the terms of his tenancy we cannot know if taking in a lodger (you) breaches that agreement, but that is a matter between him and his landlord.
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Actually, I have exclusive use of my room and there is a lock on the door, rendering me a sub-tenant?
A lodger rents from the landlord or the person who owns the property, whereas a subtenant rents from another tenant.
He does not own the property, he is a tenant himself, again,making me a sub-tenant...0 -
No, I am their sub-tenant. I have exclusive occupancy of my bedroom.0
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pmlindyloo wrote: »Are you a lodger or a sub tenant? A sub tenant must have exclusive use of one room (usually the bedroom) - i.e your live in landlord cannot enter it.
A lodger needn't have this..
The actual tenant of the property is your immediate landlord and their landlord is the head landlord. I am presuming you pay your rent to your immediate landlord. This is who you have a contract with. To claim housing benefit you should be showing them your contract with your immediate landlord, not the head landlord. Who told you that you need the contract from the head landlord?
It does not matter whether you are a lodger or a sub tenant - you are still eligible for HB.
It was the council.
"Our records indicate that Mr X is not the legal owner of the property, and we must ask that he provides verification that the owner/letting agent of the property has authorized him to do so."0
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