Tenancy, no bill no payment

[scooby0606]

A friend is in a somewhat unusal situation and is wondering his best course of action....


Just over 2 years ago he went bankrupt (sub contractor and main contractor went bust on him) and rather than lose house / become homeless the house was sold under a scheme to a housing association from whom he could rent it back, however, he has never recieved any paperwork / rent demands / agreements or anything to do with the matter since signing to sell the property. The upshot of this is he has never paid any rent !!!!!!

Following the collapse of his company he suffered depression and has never sorted it. He is now back on the planet and doesnt know a) his best course of action b) how he will pay 2 years back rent if demanded and c) if they would just kick him out !!!

Does anyone know his legal position ? Can the association demand 2 years rent despite him not signing an agreement or ever getting a rent demand ? could they just evict him ??? He just wants to be prepared when he calls them

Thanks

[scooby0606]

Re: Tenancy, no bill no payment

Anyone Any Thoughts ??? Bit of a brick wall

[MissFM]

Re: Tenancy, no bill no payment

Bump

[PlanB]

Re: Tenancy, no bill no payment

Bump

I'll be back tomorrow with loads of questions :thumb:


No rent demands, no letters, no threats of eviction for over two years sounds too good to be true. This situation needs to be regularized to avoid any nasty surprises :nod:

[MissFM]

Re: Tenancy, no bill no payment

Intriguing isn't it? Relying on you, PlanB x

[labman]

Re: Tenancy, no bill no payment

Are we talking about a reputable social housing association here (-ie- that which falls under the same category as council housing)?

Did the Official Receiver never question why he had no housing expenses?

What has happened to the money that should have been paid in rent?

[MissFM]

Re: Tenancy, no bill no payment

Great Labman - hoping you'd appear. Got at least two good brains on this now (actually maybe 4 if we count yours!) - weird isn't it?:beagle:

[PlanB]

Re: Tenancy, no bill no payment

Intriguing isn't it? Relying on you, PlanB x

No pressure then :rolleyes2:

The thing is it is possible to fall off the radar with big housing associations but if the sale and rent back went through properly it would be recorded at Land Registry so everything will come out in the wash eventually :washing:


There have been loads of scandals relating to these deals where homes were bought below market value from people in financial difficulty which may give the OP's friend some bargaining power when it's time to come clean. But if there are no threatening letters arriving on the mat I would be inclined to keep my head down.

Having said that if the OP's mate is on no or low income he/she could be claiming HB to pay the rent so why stay invisible?

[MissFM]

Re: Tenancy, no bill no payment

:ranger: yes it's odd isn't it?

[Guest]

Re: Tenancy, no bill no payment

:target: Go away, rent collector, or I'll BURN you!!!!

[labman]

Re: Tenancy, no bill no payment

No pressure then :rolleyes2:

The thing is it is possible to fall off the radar with big housing associations but if the sale and rent back went through properly it would be recorded at Land Registry so everything will come out in the wash eventually :washing:


There have been loads of scandals relating to these deals where homes were bought below market value from people in financial difficulty which may give the OP's friend some bargaining power when it's time to come clean. But if there are no threatening letters arriving on the mat I would be inclined to keep my head down.

Having said that if the OP's mate is on no or low income he/she could be claiming HB to pay the rent so why stay invisible?

LOL - I totally disagree!

I would come absolutely clean. Mortgage Rescue schemes have had some bad press, you're correct, but those have been with people buying under market value, then evicting tenants to sell at huge profit, hence my question as to whether it was sold to a reputable social housing association (I had to do this, and it's the best thing I ever did for our family's set of circumstances).

Currently, the OP has a sound reason for not having noticed (though I remain puzzled by the official receiver). Therefore the quicker he is honest about his situation, the smaller the impact on him is likely to be. The OR would have been aware of his medical condition in any case if his depression was severe. I'd approach my Landlord and my OR, put the two in contact, and let them argue. As they are a social housing association, they have a duty of care to their tenants anyway - I don't know if this is a legislated duty, or one they choose to adopt. Their name would suggest it is legislated.

As long as he can take maximum advantage of his misfortune over the past two years with his mental health problems, he should do so sooner rather than later to my mind. As it could potentially be sensitive, I'd be inclined to copy my MP into all correspondence as a matter of course.

[PlanB]

Re: Tenancy, no bill no payment

Point taken I hadn't taken on board the possible severity of his temporary depression vs severe mental health issues. I also thought BR was done and dusted after a year and if this happened over two years ago would it be a good idea or not to disturb the OR now if the file is firmly closed :tape:

[labman]

Re: Tenancy, no bill no payment

You might be right Plan B lol - just the way I read it with comments like, 'He's back on the planet now.' I'm not so sure BK is done and dusted after a year anymore either, but it could have been when the OP's friend was made BK.

Perhaps a little more information is needed once Scooby realises he's got some interest?

[PlanB]

Re: Tenancy, no bill no payment

You're absolutely right.

It's a question of finding out the facts and then putting the right spin on them for those who need to know

[Inca]

Re: Tenancy, no bill no payment

:target: Go away, rent collector, or I'll BURN you!!!!

Can't see how that advice would help anyone...and is actually rather disturbing,glad you're not my tenant.