Landlord address

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  • #38714
    laural
    Participant

    can anyone help with this one.
    Clmt living in a property owned by his brother. Unable to obtain a residential address for the brother(landlord), he works in London and his postal address is a shopping centre at a tube station. Says he lives in HMOs, campsites etc. Determined not to provide an address!
    Asking for what reg requires a landlord address.
    Can’t prove he is living with brother but just not quite right.

    #109369
    Anonymous
    Guest

    “Asking for what reg requires a landlord address.”

    No regs other than the general information and evidence stuff, but the rent may not be legally payable until the landlord provides his “tenant” with an address for serving of notices, etc. This doesn’t have to be residential though, an estate agent’s address would do.

    This in itself would probably not be sufficient to refuse HB altogether, but it could be a starting point towards building a case for a non-commercial decision.

    #109372
    Anonymous
    Guest

    See this thread for more info:

    Section 48 of the Landlord and Tenant Act

    Several other threads on this subject if you search for “landlord address”

    #109373
    Kevin D
    Participant

    In the first instance, there is no explicit requirement that a clmt has to provide the address of the LL. Indeed, there is even case law in which the whereabouts of a LL was not known at all, even a doubt about his very existence, yet a Tribunal found the clmt to be “credible” and accepted the verbal assurances of the clmt that the LL did exist.

    However, HBR 86(1) provides that “[b]…a person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that personĀ“s entitlement to, or continuing entitlement to, housing benefit and shall do so within one month of the relevant authority requiring him, or the Secretary of State requesting him, to do so or such longer period as the relevant authority may consider reasonable.[/b]”

    In this case, one of the reasons for asking for the LL address is, presumably, to find out whether the LL is resident and, in turn, whether HBR 9(1)(b) comes into play. On that basis, I think it can properly be argued that the address of the LL is “reasonably required…in order to determine…entitlement…”. Of course, the LL could make a statement simply saying he does not live at the address and that *might* be considered sufficient to determine that HBR 9(1)(b) doesn’t apply.

    Obviously, other considerations such as non-commercial and taking advantage may be in play. Also, if the clmt is working, it does seem inherently implausible that he is sofa-surfing and/or living on campsites – particularly as it appears he has a perfectly good property he could occupy.

    Based on the info given, I too would press for the LL address and would carefully, but firmly, openly advise the clmt that if the LA isn’t satisfied with the info / evidence provided, an inference can lawfully be drawn about the existence of the LL and/or the true relationship between the clmt and LL and/or the true address of the LL.

    NB1: Has a Land Registry check been undertaken to confirm the owner(s )?

    NB2: The s.48 argument doesn’t stop the LA from being satisfied of the true whereabouts of the LL. It’s just the absence of s.48 compliance doesn’t in itself stop HB from being paid.

    #109852
    sarahfi
    Participant

    Send it to fraud. They should be able to get credit checks easy enough which will show if the brother has any interests there. If not the credit check should may show a forwarding address. Fraud should be able to track the brother down without too much problem. Also ask for proof of utility liability. If its his brothers house and the brother is still there they’re likely to be in the brothers name.

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