Terms & Conditions

[junderwo]

I have read the previous threads on this topic and want to check how they apply to the following submission I am checking.

Land registry search shows 4 proprietors (the sons & daughters of deceased parent). It states the lease under which the land is held is 999 years from 1.1.81 at a rent of 1 peppercorn to a building firm. Under the proprietorship register it states “title good leasehold.”

The parent died in 1995 and one of the daughters (with learning difficulties & mental health issues) has lived there claiming Council Tax Benefit only. Recently a claim for Housing Benefit has been made quoting one of her sisters as the landlady. It is stated that rent has to be charged because the property is in need of some refurbishment. Her tenancy is quoted as “periodic/long term for as long as she requires” @ £320/month.

Queries:

1. Is this a leashold and as such the claimant does not fall under the definition of owner (reg. 2)?
2. Under Reg. 12(2)(a) the payments the claimant is being asked to make are not payments under a long tenancy? The long tenancy is between the 4 proprietors and the builders?
3. Is my only option to look at Reg. 8 & 9 issues in deciding whether to take this to Tribunal or pay?

Any views most welcome.

[Anonymous]

I think you have summed it up perfectly

[John Boxall]

I think that we need to ignore for a moment the issue of freehold or leasehold.

Your claimant is a joint leaseholder, and as such has the right to reside in the property, in just the same way that she would as a joint freeholder.

As she has the right to live in it, no rent is legally payable.

John

Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

Wilkins Micawber, Ch12 David Copperfield

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