Whose tenancy is it ?

Tuesday 20 December 2011 12:43:21 am

Long story but here goes.

Sole tenancy in Mr's name. Partner lives there as does child. Six month initial AST then becomes periodic- tenancy commenced Feb 2008.

Mr moves out November 2009. Letting agent say they wont allow partner to have the tenancy as she is on income support and cliams HB. Tells Mr to keep the tenancy, keep paying the rent monthly in advance, she then claims HB and pays him.

Last month, he is told this is fraud, calls HB and they say its not fraud she has a rent liability to the letting agent by way of a letter dated November 2009.

Letter states "To whom it may concern. We advise we are aware that Mr X no longer lives at this address. His ex partner Miss X remians in residence at the property. Then rent is £695 per calender month"

Housing Aid and Housing Benefit are saying they surrendered the tenancy by operation of law at this point. Hes only found out due to the HB issue and then gave notice on the tenancy in the belief that he was the tenant.

Landlord is claiming he still is the tenant and as the ex wont move out, they claim he is liable until they take legal action against him, but he hasnt had any keys for two years!

Whose tenancy is this ?