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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I rented out a property to a family that council would not

Customer Question

Hi I rented out a property to a family that council would not help, they moved in on feb 13th 2013 and council paid the rent from that date stating that they would pay 800 and a polish student already living in property would make up the rent by 300 a mth, the tenants bullied him untill he left and as the verbal agreement stated that the resposibilty was theirs for the 300 even if he left, they then unbeknown to me moved various others into spare room thus eliminating the problem of them paying bedroom tax and I got rent, there is a self contained unit at back of property that someone has lived in for several yr but council did not advise me that this would affect anything, we all signed a tenancy agreement in oct stating they was responsible for extra 300, things went from bad to worse and I was invited to attend the property with approx 7 different dept from council, when I arrived the council said that the tenant did not want me there and they bullied and intimidated me relentlessly, they then informed me that house was HMO meaning I had to pay a substantial council tax bill, the tenants then left property new yrs eve leaving heating and lighting on all over house and they did not leave me any contact details as stated in the tenancy agreement, the electrics went so I entered property sorted electrics etc and now tenants are saying I broke in etc ! I called council and asked them to clarify if house was HMO or not they said it was despite the fact that it was only family and lady outside still living there so I said in that case I can move someone else in and council said yes, I warned tenants of my plan as they was still away and they said council told them different, I immediatly called council again and I asked her to commit to her answer which she did but is now denying despite the fact I have witnesses to the call, the council r now saying that they will be helping tenants with court proceedings so I need to know a) does the HMO status override the tenancy agreement? b) I have put in official complaint in but want to take council to court for the council tax, the bullying and lying thats just for starters, I also need to know if the tenancy began in Feb when housing benefit started or Oct when they signed tenancy, they are also suggesting that the tenancy agreement isnt correct but we got tnis agreement from lawdepo site and they signed it. I appreciate this advise will cost more than normal but any advise given would be appreciated
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you mean tenancy agreement overrides in terms of council tax please?
JACUSTOMER-dh47ytqc- :

Hi The property is large with an outhouse that house a young lady called Jade, I rented the property to a family with a student already living there, the agreement was that the council would pay 800 for the family & student made the total rent up to 1100, I checked with council if all this was ok re paying their rent & student paying the top up which they said was fine! The family was made aware if the student left they had to make up the rest of the rent & it was put in the agreement. They bullied & harrassed the student so he moved out & refused to pay more rent, they called the council & I was invited to go along to look around etc, The tenant refused me entry & council compounded the problem by giving them legal advise & telling them they did not have to give me entrance, The council then informed me that the house was an unlicensed HMO which means that different rules apply & I become liable for bills inc council tax, so I called council with witnesses standing beside me & said "can you clarify if this is now a HMO I can put other tenants in the property is that correct" to which she said yes you can, I asked several other questions for her to clarify & she made certain statements but insisting I could in fact move a new tenant in! I asked her to notify other tenants as they was away, I then had a call from them in which I told them my plans, they txted later & said the council had refuted what I had said & they was pressing charges for illegal entry etc, I call council again & yet again she clarified that I could move ppl in, now to shorten it I called council yet again & was told that I couldnt move ppl in as they had a tenancy agreement, my response was well in that case they are responsible for bills etc & they said NO I still was liable for all the time they was there & I said well you cant have it both ways its either a HMO or its not which is it!! They didnt seem to have an answer so hoping you will have??? They have been bullying & harrassing me relentlessly (the council) I am disabled & I have had to put off 1 knee op & several hospital appointments & I am falling apart council are deny all the conversations although It was dealt with by just 1 person so I did say that I hoped she & any colleagues that where sat around her during the calls would be willing to lie for her under oath! Last night/2.30am the lady in the outhouse had the tenant & his brother smashing on her door threatening all kinds of things so she has now left thru fear so yet another amount of money I have lost! so I guess i need to know if their tenancy which was made verbally in feb but not written down untill oct although council have been paying their rent since feb is still legally binding or does the goverment rules on HMO properties still applies??? if you need to call me plz feel free XXXXXXXXXXX I appreciate your time & if you could also tell me does the verbal agreement still constitute part of the overall tenancy or does tenancy start from when it was signed despite their rent being paid from the start of verbal agreement

Alex Watts : Does your tenancy agreement with the other tenants just for a room or the whole house? How many other tenants are there please?

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