To ask LL for a tenancy agreement after 6 years?

[FallingOrbit]

Hi all,

I'll try not to be too long winded. Nut's and bolts are as follows -

I began renting this property from a private landlord 6 years ago. I have just been made redundant and reluctantly need to claim housing benefit among other things. The authorities are demanding a tenancy agreement (not unreasonable) to prove I have a rental liability for the property. I have never had one (there is a verbal agreement but obviously I can't "produce" that)

Had no contact at all with LL the entire time, rent is paid in cash into his bank account in full and on time every month, I have every receipt from the bank (doesn't prove what those payments are for but it does show I've paid the same amount on the same date to the same account for 6 years). The Council sent him an RT1 form (this works in place of a tenancy agreement) but he won't sign it. Basically he's an alcoholic and a drug addict, his brain is too fried to comprehend the time of day let alone this situation.

I don't have his address or phone number, the only way I could contact him is through facebook (yes, I know, last resort) which I did. He immediately "phoned" me through FB and was absolutely vile, completely wasted and all I had was a torrent of abuse.

I'm pretty sure I'm not "supposed" to be living here (technically) as his mortgage company seem to think he lives here, his mortgage correspondence comes here including the annual statement which I open to make sure the money I'm paying him is going to the lender rather than up his nose. We had a little issue with him spending the money at the beginning but I told him straight and since then have had no need to contact him.

Literally not bothered him for anything the whole 6 years, house and gardens very well maintained and all repairs carried out by me. Yes, I know he's supposed to do certain things but I'm competent and he is not.

If I move, the bank will repossess the property pretty soon after because I know he can't afford to live here and nor does he want to. It's very rural and he likes the town so he can get pissed/drugged up with his waster mates. He's also on a million year driving ban (guess why?!) - found out through the local newspapers.

I know I'll be berated for not insisting things were done "properly" my self (insisting on a tenancy agreement and what I know about his mortgage blah blah) but the arrangement has worked fine for both of us - until now. He couldn't live here because of the bills, I needed a place to live (last place and LL were awful) so I took it.

Is anyone aware of a way around this mess?

I suspect he is not paying tax on the rental income and won't want to leave a paper trail that is why he is being awkward.

I would say either I have a tenancy agreement and you get your money or I won't get my housing benefit so you won't get your rent (and he'd have to go through the courts to evict you). Do you have enough to pay a deposit elsewhere?

I bet he'll sign the form if you miss a few months rent.

Do the rental payments cover his mortgage payments or does it give him extra?

The rental payment is £25 a month over what his mortgage is, so he's not exactly coining it in. Everything else is in my name, council tax, water, electric and so on.

I could move, but I've done so much work here it would break my heart.

Please go and get specialist housing advice from a CAB, law centre or similar.

There are circumstances where, in the absence of an assured shorthold tenancy agreement, a secure tenancy can have been created by accident. It would be very much to your advantage if such a tenancy has been created.

With regard to housing benefit, there is provision for them to pay HB in the absence of proof of rental liability, if not paying housing benefit would lead to the claimant losing their home. You would need to show them that you have been living there all this time, but that is easily done with utility bills, bank statements and council tax bills.

I'll try and remember to look up the relevant regulation tomorrow, and pm with you with the details so you can quote them to the council!

LakieLady

I'd really appreciate that, I'll try to dig up that piece of info my self too as the Council are insisting there's nothing they can do without either a T/A or completed RT1.

Just because it is not in writing, doesnt mean an agreement doesnt exist. That he didnt take a proper protected deposit and all the rest ... he's in trouble not you. Have you been paying utilities? Mail coming to you at address for 6 years? Registered to vote at your place of residence?

Call shelter and ask foe advice.

Do not listen to advice posted on mumsnet - so much is shockingly plain wrong but written in a bullying way, steering you into shit's way. Google shelter, call them.

Trolls

Yeah I know a verbal agreement is formed, that's what we had/have. But I can't produce a verbal agreement to the council. I know it's him in the soup not me, I could probably annihilate him in court and drop him in all kinds of shit. The problem is he doesn't have enough functioning brain cells to understand or even realise any of this. ALL the utilities are in my name, yes I'm registered to vote here, driving licence is here, all the standard stuff. I won't have a problem proving to any reasonable person that I live here and have done for 6 years but the council are robotic, they aren't reasonable. I have literally 6 years worth of rent receipts, but they wont even entertain that as evidence let alone proof of rental liability.