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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14035
Experience:  I have been practising for 30 years.
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If a residential tenant's rent is paid by another person

Customer Question

Hello, If a residential tenant's rent is paid by another person apparently by his mother, can any trickery be attempted? Does the fact the cheque is paid by another person give another person the right to say they were living in the room? Also, an rent increase notice needs to be sent and I would like this to be witnessed. How much would the fee be? thank you.
JA: Where is he? It matters because laws vary by location.
Customer: London,, and in my residence which is HMO.
JA: What steps has he taken so far?
Customer: Nothing, except complaining as much as possible. but the rent cheques from his mother are sent.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Nor really.
Submitted: 6 days ago.
Category: Law
Expert:  F E Smith replied 6 days ago.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

for clarification -

this chaps rent is paid by his mother?

and you think 'he thinks' he doesnt have to abide by rent increase - is this correct?

Customer: replied 6 days ago.
Yes his rent is paid by cheque by his mother. The rent increase is not the main issue now. But can he claim someone else lives and pays the rent?
Customer: replied 6 days ago.
No thanks email will be fine for now. Thanks.
Customer: replied 6 days ago.
Shall I check my email later for the response? Say in about an hour?
Customer: replied 6 days ago.
This is my first question using your service and so do not know what to do. I will close and open the email later for a response. Thank you.
Customer: replied 6 days ago.
No answer to the question recieved except please use the telephone. We wait for a response that we can safely assume another person cannot claim to be living there in place of the true tenant.
Expert:  F E Smith replied 6 days ago.

I apologise for the delay in getting back to you. We all have clients in travelling and other users and although sometimes we may respond in minutes, other times it is going to be longer which is unavoidable and for which we apologise.

 

The payment of rent by a third party doesn’t give the third party any rights if that’s what you are talking about, provided the third party doesn’t live in the property. Even then, it’s going to be a struggle for them to prove any rights over the property.

If the document needs witnessing, anybody can witness it, it doesn’t have to be done by a solicitor who will charge for it.

In this case, the payment of the rent by the mother would not concern me provided she doesn’t live in the property. That comes down to evidence.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

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Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES