Liable or not?

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  • #31576
    sharonwarner
    Participant

    Here is the scenario as presented to me by a member of our Investigation Office.

    Landlord A owns property and Mr X moves in.
    Mr X pays rent to landlord A every 2 weeks in line with benefit cheques
    Mr X has a tenancy agreement with landlord A

    Landlord A sells property which is a premises comprising of shop units and 1 flat above the shop, to Landlord B

    Landlord B is a large commercial landlord and only has business premises and this solitary flat but they don’t issue a tenancy nor chase him for payment,

    Mr X keeps getting his HB cheques but now has no one to pass them onto as not being charged rent.

    Landlord B finds out about this and starts all kind of proceedings to get Mr X out of property but then give up, all the time not issuing a tenancy agreement.

    Mr X has now been living in the property rent free for some significant time.

    Landlord B is now aware of situation and says that they will allow him to live in property if he pays rent. Their legal dept say that they can’t take action with regard to the arrears,

    My question is, would he be considered liable for rent for the period from when landlord B took ownership of the property even though he didn’t have a tenancy and the landlord has changed?

    #88275
    Kevin D
    Participant

    [quote:fccbd9fdee=”sharonwarner”]
    My question is, would he be considered liable for rent for the period from when landlord B took ownership of the property even though he didn’t have a tenancy and the landlord has changed?[/quote:fccbd9fdee]

    Based on the information given, there is no liability until it is introduced by “B” – it cannot be retrospective. I see an o/p looming.

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