Rental liabilty

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    Carol Meredith

    Wonder if anyone has any ideas on this while I await advice from our legal department.

    Claimant rents a property from her mother which she lived in many years ago as a child. The mother jointly owned it with her ex-partner and he used to pay her rent to live there after she left. He recently wanted to sell so she took out a buy-to-let mortgage to buy him out.

    Meanwhile daughter, who has another private tenancy, is having problems with her partner and decides she needs to move so the mother gives her the tenancy of her former home which is round the corner. Mother has now remarried and lives elsewhere.

    However I have seen the buy-to-let mortgage agreement and it says that the mortgage holder cannot let to anyone in receipt of DSS benefits or to anyone who is related to her. Daughter is on IS so the mother is in breach of both these conditions.

    My question is, does the daughter have an enforceable liability to pay rent to her mother? Or does the fact that the mother is in breach of her mortgage conditions mean that she cannot enforce a rental liability through the courts? She has said that she will evict if the daughter does not pay but will not do so until after Christmas as the daughter is due to give birth to her second child in November. The daughter says that she is currently giving her child benefit to her mother towards the rent.

    Any advice greatly appreciated.


    The fact she is in breach of the terms of the mortgage make no difference whatsoever – LL would still have an action for rent arrears.

    Kevin D

    On the narrow issue of actual liability, I agree with Pete. Whether Reg 9 (or Reg 12(2)) issues then apply, that is another matter…..

    As an aside, I very much doubt that any term in an agreement can lawfully prevent a clmt from claiming benefit. I’m not sure of the formal legal terminology, but I’m pretty sure no one can impose a term that prevents a person availing themselves of their legal rights.


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