Reply To: Contrived or Non-commercial

#8850
Kevin D
Participant

To take the points one by one:

[quote:267d46cc7d]Proof of rent is a letter from the L/L which states 1 months notice is to be given before vacating but there is no period of tenancy. [/quote:267d46cc7d]
There is no requirement for a period of tenancy. If, as it appears, it is a resident L/L, any agreement will be no more than a licence.

[quote:267d46cc7d]L/L has stated arrears of £244.30 from 01.07.06 – 21.07.06 – but during interview clmt stated no payments have been made. [/quote:267d46cc7d]
If the clmt is relying on HB to pay his rent and has no other means of paying, then it would seem inevitable that there will be arrears until the clmt has the money to pay the rent.

[quote:267d46cc7d]I would like to treat this as a contrived tenancy/non commercial, any thoughts/advise, supporting arguments gratefully received.[/quote:267d46cc7d]
Based on what you have so far, I’d happily represent the clmt and would fully expect a Tribunal to find for the clmt. There are many many more questions that need to be asked. Such as; how did the Aunt become involved? What other options were available to the clmt (bearing in mind he was bailed to the address)? Is it so unreasonable, based on ALL of the facts of the case, for a rent charge to be made?

You’ll need to establish full details of how the arrangement(s) came about – only then will it be possible to come to the right decision (whichever way it goes).

[b:267d46cc7d]R(H) 1/03[/b:267d46cc7d] might be useful (on this site under rent and rent liability in the case law section).

Hope the above helps.