My ex-wife is separating from her present husband!  She's had an offer 
accepted on a house and is currently living there and paying rent.

There is no rent book or any formal tenancy agreement.  It's been through 
pure word of mouth and the only evidence she has are of cheques made payable 
to the landlord / owner.

She's written a letter making a claim for Housing Benefit and for Council 
Tax Benefit but they're now asking for evidence of her tenancy.  She'd 
rather the landlord wasn't aware of the claim and a mutual acquaintance of 
hers and the landlord has recommended the landlord isn't told.  I don't know 
why.

Can anyone help in what would evidence would be normally be insisted on to 
prove a tenancy?  She'll soon have evidence from bills etc and a couple of 
cheques but that's about it.

Any answers would be appreciated.

"Fred"  wrote in message 
news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
> My ex-wife is separating from her present husband!  She's had an offer 
> accepted on a house and is currently living there and paying rent.
>
> There is no rent book or any formal tenancy agreement.  It's been through 
> pure word of mouth and the only evidence she has are of cheques made 
> payable to the landlord / owner.
>
> She's written a letter making a claim for Housing Benefit and for Council 
> Tax Benefit but they're now asking for evidence of her tenancy.  She'd 
> rather the landlord wasn't aware of the claim and a mutual acquaintance of 
> hers and the landlord has recommended the landlord isn't told.  I don't 
> know why.
>
> Can anyone help in what would evidence would be normally be insisted on to 
> prove a tenancy?  She'll soon have evidence from bills etc and a couple of 
> cheques but that's about it.
>
> Any answers would be appreciated.
>
>

What you are suggesting here could amount to fraud, it should make no 
difference to the LL how he gets paid so long as he gets paid.

She should ask him for some form of agreement to show she is the tenant. 
Anything in writing on a sheet of A4 will do as long as it shows the LL's 
details, amount of rent payable and signed by both parties.

The alternative is to make up a TA, forge the LL's signature, or even use a 
ficticious name for the LL.
Wouldnt take the council long to spot that one.

In message <46688f6f$0$30325$fa0fcedb@news.zen.co.uk>, Fred 
 writes
>My ex-wife is separating from her present husband!  She's had an offer
>accepted on a house and is currently living there and paying rent.
>
>There is no rent book or any formal tenancy agreement.  It's been through
>pure word of mouth and the only evidence she has are of cheques made payable
>to the landlord / owner.
>
>She's written a letter making a claim for Housing Benefit and for Council
>Tax Benefit but they're now asking for evidence of her tenancy.  She'd
>rather the landlord wasn't aware of the claim and a mutual acquaintance of
>hers and the landlord has recommended the landlord isn't told.  I don't know
>why.
>
>Can anyone help in what would evidence would be normally be insisted on to
>prove a tenancy?  She'll soon have evidence from bills etc and a couple of
>cheques but that's about it.
>
>Any answers would be appreciated.
>
>

They often request a tenancy agreement but the regulations don't demand 
it. They simply need to know that a commercial tenancy exists. A rent 
book and some insistence usually does the trick.

-- 
Mike_B

On 8 Jun, 00:31, Mike_B  wrote:
> In message <46688f6f$0$30325$fa0fc...@news.zen.co.uk>, Fred
>  writes
>
>
>
>
>
> >My ex-wife is separating from her present husband!  She's had an offer
> >accepted on a house and is currently living there and paying rent.
>
> >There is no rent book or any formal tenancy agreement.  It's been through
> >pure word of mouth and the only evidence she has are of cheques made payable
> >to the landlord / owner.
>
> >She's written a letter making a claim for Housing Benefit and for Council
> >Tax Benefit but they're now asking for evidence of her tenancy.  She'd
> >rather the landlord wasn't aware of the claim and a mutual acquaintance of
> >hers and the landlord has recommended the landlord isn't told.  I don't know
> >why.
>
> >Can anyone help in what would evidence would be normally be insisted on to
> >prove a tenancy?  She'll soon have evidence from bills etc and a couple of
> >cheques but that's about it.
>
> >Any answers would be appreciated.
>
> They often request a tenancy agreement but the regulations don't demand
> it. They simply need to know that a commercial tenancy exists. A rent
> book and some insistence usually does the trick.
>
> --
> Mike_B- Hide quoted text -
>
> - Show quoted text -

Agree with Mike_B that the regulations don't demand a written tenacy
agreement. Even a verbal agreement is supposedly good enough (although
how you would "prove" it is a bit uncertain). Evidence of payment is a
good start.
You could buy a rent book from a stationers e.g. WH Smith - but there
WOULD be problems if they find out you have forged it.

Is there any reason why the landlord wouldn't give you a letter
outlining the agreement between you. This is only fair really and it
doesn't need to be connected with a HB claim. Just say you want it in
writing like any other legally binding contract.

Definately do NOT agree with Niteawk on giving a false name for the
Landlord. If a HB claim has not recently been made at that address
then the HB dept will take steps to find out who the legal owner of
the property is. (they won't contact the Landlord to do this - but
they have a very quick and accurate method of doing it)

Here's a radical suggestion. Tell the HB department you don't want
your landlord finding out about your claim. It won't be the first time
they have been told that and there is nothing wrong with that anyway.
It should also make them work with you to find evidence of the tenancy
through methods like checking bank statements for regular payment to
the landlord. If you appear to be a bit cagey about providing evidence
it will start their fraud whiskers twitching. Just Tell Them.

One thing is for sure though - no evidence of tenancy = rejected
claim.

All round it would be easier if you get a brief copy of the agreement
in writing from the landlord and tell HB you don't want him notified
of your claim.

"Zargon"  wrote in message 
news:1181292773.128338.279590@e65g2000hsc.googlegroups.com...
> On 8 Jun, 00:31, Mike_B  wrote:
>> In message <46688f6f$0$30325$fa0fc...@news.zen.co.uk>, Fred
>>  writes
>>
>>
>>
>>
>>
>> >My ex-wife is separating from her present husband!  She's had an offer
>> >accepted on a house and is currently living there and paying rent.
>>
>> >There is no rent book or any formal tenancy agreement.  It's been 
>> >through
>> >pure word of mouth and the only evidence she has are of cheques made 
>> >payable
>> >to the landlord / owner.
>>
>> >She's written a letter making a claim for Housing Benefit and for 
>> >Council
>> >Tax Benefit but they're now asking for evidence of her tenancy.  She'd
>> >rather the landlord wasn't aware of the claim and a mutual acquaintance 
>> >of
>> >hers and the landlord has recommended the landlord isn't told.  I don't 
>> >know
>> >why.
>>
>> >Can anyone help in what would evidence would be normally be insisted on 
>> >to
>> >prove a tenancy?  She'll soon have evidence from bills etc and a couple 
>> >of
>> >cheques but that's about it.
>>
>> >Any answers would be appreciated.
>>
>> They often request a tenancy agreement but the regulations don't demand
>> it. They simply need to know that a commercial tenancy exists. A rent
>> book and some insistence usually does the trick.
>>
>> --
>> Mike_B- Hide quoted text -
>>
>> - Show quoted text -
>
> Agree with Mike_B that the regulations don't demand a written tenacy
> agreement. Even a verbal agreement is supposedly good enough (although
> how you would "prove" it is a bit uncertain). Evidence of payment is a
> good start.
> You could buy a rent book from a stationers e.g. WH Smith - but there
> WOULD be problems if they find out you have forged it.
>
> Is there any reason why the landlord wouldn't give you a letter
> outlining the agreement between you. This is only fair really and it
> doesn't need to be connected with a HB claim. Just say you want it in
> writing like any other legally binding contract.
>
> Definately do NOT agree with Niteawk on giving a false name for the
> Landlord. If a HB claim has not recently been made at that address
> then the HB dept will take steps to find out who the legal owner of
> the property is. (they won't contact the Landlord to do this - but
> they have a very quick and accurate method of doing it)
>

Eh, another one that cant read. Thats what the OP's ex is thinking of doing, 
I pointed out that it would not take the council long to spot that one.

On 8 Jun, 17:10, "Niteawk"  wrote:
> "Zargon"  wrote in message
>
> news:1181292773.128338.279590@e65g2000hsc.googlegroups.com...
>
>
>
>
>
> > On 8 Jun, 00:31, Mike_B  wrote:
> >> In message <46688f6f$0$30325$fa0fc...@news.zen.co.uk>, Fred
> >>  writes
>
> >> >My ex-wife is separating from her present husband!  She's had an offer
> >> >accepted on a house and is currently living there and paying rent.
>
> >> >There is no rent book or any formal tenancy agreement.  It's been
> >> >through
> >> >pure word of mouth and the only evidence she has are of cheques made
> >> >payable
> >> >to the landlord / owner.
>
> >> >She's written a letter making a claim for Housing Benefit and for
> >> >Council
> >> >Tax Benefit but they're now asking for evidence of her tenancy.  She'd
> >> >rather the landlord wasn't aware of the claim and a mutual acquaintance
> >> >of
> >> >hers and the landlord has recommended the landlord isn't told.  I don't
> >> >know
> >> >why.
>
> >> >Can anyone help in what would evidence would be normally be insisted on
> >> >to
> >> >prove a tenancy?  She'll soon have evidence from bills etc and a couple
> >> >of
> >> >cheques but that's about it.
>
> >> >Any answers would be appreciated.
>
> >> They often request a tenancy agreement but the regulations don't demand
> >> it. They simply need to know that a commercial tenancy exists. A rent
> >> book and some insistence usually does the trick.
>
> >> --
> >> Mike_B- Hide quoted text -
>
> >> - Show quoted text -
>
> > Agree with Mike_B that the regulations don't demand a written tenacy
> > agreement. Even a verbal agreement is supposedly good enough (although
> > how you would "prove" it is a bit uncertain). Evidence of payment is a
> > good start.
> > You could buy a rent book from a stationers e.g. WH Smith - but there
> > WOULD be problems if they find out you have forged it.
>
> > Is there any reason why the landlord wouldn't give you a letter
> > outlining the agreement between you. This is only fair really and it
> > doesn't need to be connected with a HB claim. Just say you want it in
> > writing like any other legally binding contract.
>
> > Definately do NOT agree with Niteawk on giving a false name for the
> > Landlord. If a HB claim has not recently been made at that address
> > then the HB dept will take steps to find out who the legal owner of
> > the property is. (they won't contact the Landlord to do this - but
> > they have a very quick and accurate method of doing it)
>
> Eh, another one that cant read. Thats what the OP's ex is thinking of doing,
> I pointed out that it would not take the council long to spot that one.- Hide quoted text -
>
> - Show quoted text -

Apologies to Niteawk. I misread his post.

On Jun 7, 11:55 pm, "Fred"  wrote:
> My ex-wife is separating from her present husband!  She's had an offer
> accepted on a house and is currently living there and paying rent.
>
> There is no rent book or any formal tenancy agreement.  It's been through
> pure word of mouth and the only evidence she has are of cheques made payable
> to the landlord / owner.
>
> She's written a letter making a claim for Housing Benefit and for Council
> Tax Benefit but they're now asking for evidence of her tenancy.  She'd
> rather the landlord wasn't aware of the claim and a mutual acquaintance of
> hers and the landlord has recommended the landlord isn't told.  I don't know
> why.
>
> Can anyone help in what would evidence would be normally be insisted on to
> prove a tenancy?  She'll soon have evidence from bills etc and a couple of
> cheques but that's about it.
>
> Any answers would be appreciated.

Quite simply the council want proof that there is a rental agreement
for the property between the tenant and the landlord and what it
covers.

Demonstrating she pays John Smith £80 pw with statements etc does not
prove that it's IRO the house or what she gets for her money.  The
council will need to confirm the amount of rent net of any extras e.g.
the amount she pays might cover some bills, service charges, furniture
or a garage.

It will be difficult to etsablish this without a tenacy agreement or
contact with the landlord.  If she wants to avoid the landlord finding
out she may have to try and put the tenancy on a more formal footing.
I beleive standard tenancy agreements can be downloaded/purchased from
stationers.  As long as the chap who signs it is the owner of the hse
and he's not subletting or acting on behalf of someone else that
should suffice.

Once she has a formal agreement she has more rights even if the
landlord did find out, which is quite likely if he knows people living
nearby.  If she proves herself to be a reliable tennant he may not
care!  Landlords tend to get sniffy about HB on new lets because of
delays starting payments up and also it may mean the tennant is from a
poorer background and might damage the property skip leaving O/S
bills.

Obviously not the case for most but definitely the case for some.

Mike

On 7 Jun, 23:55, "Fred"  wrote:
> My ex-wife is separating from her present husband!  She's had an offer
> accepted on a house and is currently living there and paying rent.
>
> There is no rent book or any formal tenancy agreement.  It's been through
> pure word of mouth and the only evidence she has are of cheques made payable
> to the landlord / owner.
>
> She's written a letter making a claim for Housing Benefit and for Council
> Tax Benefit but they're now asking for evidence of her tenancy.  She'd
> rather the landlord wasn't aware of the claim and a mutual acquaintance of
> hers and the landlord has recommended the landlord isn't told.  I don't know
> why.
>
> Can anyone help in what would evidence would be normally be insisted on to
> prove a tenancy?  She'll soon have evidence from bills etc and a couple of
> cheques but that's about it.
>
> Any answers would be appreciated.

I had a similar problem.  I had a tenency agreement that had expired,
and become a periodic tenancy, so the tenancy agreement had nominally
expired.

I my landlord for a letter confirming that I was his tenant and the
amount of rent I paid.  I didn't specify why I needed confirmation,
and you shouldn't need to.  As I said, he was a bit lazy, so I
eventually a letter from him with the information I needed, and sent
it to him with a stamped self addressed envelope, and just asked him
to sign it, and that seemed good enough for Wandsworth council.

"Zargon"  wrote in message 
news:1181390597.517014.261370@n4g2000hsb.googlegroups.com...
> On 8 Jun, 17:10, "Niteawk"  wrote:
>> "Zargon"  wrote in message
>>
>> news:1181292773.128338.279590@e65g2000hsc.googlegroups.com...
>>
>>
>>
>>
>>
>> > On 8 Jun, 00:31, Mike_B  wrote:
>> >> In message <46688f6f$0$30325$fa0fc...@news.zen.co.uk>, Fred
>> >>  writes
>>
>> >> >My ex-wife is separating from her present husband!  She's had an 
>> >> >offer
>> >> >accepted on a house and is currently living there and paying rent.
>>
>> >> >There is no rent book or any formal tenancy agreement.  It's been
>> >> >through
>> >> >pure word of mouth and the only evidence she has are of cheques made
>> >> >payable
>> >> >to the landlord / owner.
>>
>> >> >She's written a letter making a claim for Housing Benefit and for
>> >> >Council
>> >> >Tax Benefit but they're now asking for evidence of her tenancy. 
>> >> >She'd
>> >> >rather the landlord wasn't aware of the claim and a mutual 
>> >> >acquaintance
>> >> >of
>> >> >hers and the landlord has recommended the landlord isn't told.  I 
>> >> >don't
>> >> >know
>> >> >why.
>>
>> >> >Can anyone help in what would evidence would be normally be insisted 
>> >> >on
>> >> >to
>> >> >prove a tenancy?  She'll soon have evidence from bills etc and a 
>> >> >couple
>> >> >of
>> >> >cheques but that's about it.
>>
>> >> >Any answers would be appreciated.
>>
>> >> They often request a tenancy agreement but the regulations don't 
>> >> demand
>> >> it. They simply need to know that a commercial tenancy exists. A rent
>> >> book and some insistence usually does the trick.
>>
>> >> --
>> >> Mike_B- Hide quoted text -
>>
>> >> - Show quoted text -
>>
>> > Agree with Mike_B that the regulations don't demand a written tenacy
>> > agreement. Even a verbal agreement is supposedly good enough (although
>> > how you would "prove" it is a bit uncertain). Evidence of payment is a
>> > good start.
>> > You could buy a rent book from a stationers e.g. WH Smith - but there
>> > WOULD be problems if they find out you have forged it.
>>
>> > Is there any reason why the landlord wouldn't give you a letter
>> > outlining the agreement between you. This is only fair really and it
>> > doesn't need to be connected with a HB claim. Just say you want it in
>> > writing like any other legally binding contract.
>>
>> > Definately do NOT agree with Niteawk on giving a false name for the
>> > Landlord. If a HB claim has not recently been made at that address
>> > then the HB dept will take steps to find out who the legal owner of
>> > the property is. (they won't contact the Landlord to do this - but
>> > they have a very quick and accurate method of doing it)
>>
>> Eh, another one that cant read. Thats what the OP's ex is thinking of 
>> doing,
>> I pointed out that it would not take the council long to spot that one.- 
>> Hide quoted text -
>>
>> - Show quoted text -
>
> Apologies to Niteawk. I misread his post.
>

I think there has been a general misunderstanding here.  The ex has no 
intention of committing any kind of fraud and is not going to forge any 
letters or documents.

The purpose of this post was to understand what the HB department would 
reasonably accept for the existence of a tenancy without the landlord aware 
being made aware of a claim for HB.  I was hoping that evidence of payment 
and the fact she is living there might be sufficient though I have already 
stressed to her there ought to be some additional written evidence.

I would also like to take the opportunity to than those who have taken the 
trouble to reply.  It is appreciated.

"Fred"  wrote in message 
news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
> My ex-wife is separating from her present husband!  She's had an offer 
> accepted on a house and is currently living there and paying rent.
>
> There is no rent book or any formal tenancy agreement.  It's been through 
> pure word of mouth and the only evidence she has are of cheques made 
> payable to the landlord / owner.
>
> She's written a letter making a claim for Housing Benefit and for Council 
> Tax Benefit but they're now asking for evidence of her tenancy.  She'd 
> rather the landlord wasn't aware of the claim and a mutual acquaintance of 
> hers and the landlord has recommended the landlord isn't told.  I don't 
> know why.
>
> Can anyone help in what would evidence would be normally be insisted on to 
> prove a tenancy?  She'll soon have evidence from bills etc and a couple of 
> cheques but that's about it.
>
> Any answers would be appreciated.
>
>

Many thanks for the replies.

I wrote the above with a bit too much haste.  The landlord is selling the 
house to my ex, pending the proceeds from the sale of her and her husband's 
house.  In the mean time she is living in the new house and paying rent.

Fred wrote:
> "Fred"  wrote in message 
> news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
>> My ex-wife is separating from her present husband!  She's had an offer 
>> accepted on a house and is currently living there and paying rent.
>>
>> There is no rent book or any formal tenancy agreement.  It's been through 
>> pure word of mouth and the only evidence she has are of cheques made 
>> payable to the landlord / owner.
>>
>> She's written a letter making a claim for Housing Benefit and for Council 
>> Tax Benefit but they're now asking for evidence of her tenancy.  She'd 
>> rather the landlord wasn't aware of the claim and a mutual acquaintance of 
>> hers and the landlord has recommended the landlord isn't told.  I don't 
>> know why.
>>
>> Can anyone help in what would evidence would be normally be insisted on to 
>> prove a tenancy?  She'll soon have evidence from bills etc and a couple of 
>> cheques but that's about it.
>>
>> Any answers would be appreciated.
>>
>>
> 
> Many thanks for the replies.
> 
> I wrote the above with a bit too much haste.  The landlord is selling the 
> house to my ex, pending the proceeds from the sale of her and her husband's 
> house.  In the mean time she is living in the new house and paying rent.
> 
> 
I also can confirm that there is no actual requirment for a tenancy 
agreement. A rent agreement can be verbal, and still be enforeceable, 
which is the important thing.

The council is used to this scenario - it crops up with some regularity.
Proof of payments made, and a written explanation from her should 
suffice. The council will take further steps to corroborate her story, 
but wont inform her landlord if she askes them not to. There are 
exceptions to this, but they wont apply here.

However, it is in your ex-wife's interest to get something in writing 
though from her landlord, if only for her own protection under the 
agreement and for proof that she has kept her side of the deal.

Paragraphs 3 and 4b of Schedule 6 to regulation 44 will also be of 
relevance to this claim, from what you say above:



The Housing Benefit Regulations 2006 [SI 2006/213]  	
	
					
	SCHEDULE 6 Regulation 44 	
	Capital to be disregarded

3.  	Any sum directly attributable to the proceeds of sale of any 
premises formerly occupied by the claimant as his home which is to be 
used for the purchase of other premises intended for such occupation 
within 26 weeks of the date of sale or such longer period as is 
reasonable in the circumstances to enable the claimant to complete the 
purchase.  	
	4. 	Any premises occupied in whole or in part— 	
		(a) 	by a partner or relative of a single claimant or any member of 
the family as his home where that person is either aged 60 or over or 
incapacitated; 	
		(b) 	by the former partner of the claimant as his home; but this 
provision shall not apply where the former partner is a person from whom 
the claimant is estranged or divorced or with whom he had formed a civil 
partnership that has been dissolved.

anthonyberet wrote:
> Fred wrote:
>> "Fred"  wrote in message 
>> news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
>>> My ex-wife is separating from her present husband!  She's had an 
>>> offer accepted on a house and is currently living there and paying rent.
>>>
>>> There is no rent book or any formal tenancy agreement.  It's been 
>>> through pure word of mouth and the only evidence she has are of 
>>> cheques made payable to the landlord / owner.
>>>
>>> She's written a letter making a claim for Housing Benefit and for 
>>> Council Tax Benefit but they're now asking for evidence of her 
>>> tenancy.  She'd rather the landlord wasn't aware of the claim and a 
>>> mutual acquaintance of hers and the landlord has recommended the 
>>> landlord isn't told.  I don't know why.
>>>
>>> Can anyone help in what would evidence would be normally be insisted 
>>> on to prove a tenancy?  She'll soon have evidence from bills etc and 
>>> a couple of cheques but that's about it.
>>>
>>> Any answers would be appreciated.
>>>
>>>
>>
>> Many thanks for the replies.
>>
>> I wrote the above with a bit too much haste.  The landlord is selling 
>> the house to my ex, pending the proceeds from the sale of her and her 
>> husband's house.  In the mean time she is living in the new house and 
>> paying rent.
>>
>>
> I also can confirm that there is no actual requirment for a tenancy 
> agreement. A rent agreement can be verbal, and still be enforeceable, 
> which is the important thing.
> 
> The council is used to this scenario - it crops up with some regularity.
> Proof of payments made, and a written explanation from her should 
> suffice. The council will take further steps to corroborate her story, 
> but wont inform her landlord if she askes them not to. There are 
> exceptions to this, but they wont apply here.
> 
> However, it is in your ex-wife's interest to get something in writing 
> though from her landlord, if only for her own protection under the 
> agreement and for proof that she has kept her side of the deal.
> 
> Paragraphs 3 and 4b of Schedule 6 to regulation 44 will also be of 
> relevance to this claim, from what you say above:
> 
> 
> 
> The Housing Benefit Regulations 2006 [SI 2006/213]     
>     
>                    
>     SCHEDULE 6 Regulation 44    
>     Capital to be disregarded
> 
> 3.      Any sum directly attributable to the proceeds of sale of any 
> premises formerly occupied by the claimant as his home which is to be 
> used for the purchase of other premises intended for such occupation 
> within 26 weeks of the date of sale or such longer period as is 
> reasonable in the circumstances to enable the claimant to complete the 
> purchase.     
>     4.     Any premises occupied in whole or in part—    
>         (a)     by a partner or relative of a single claimant or any 
> member of the family as his home where that person is either aged 60 or 
> over or incapacitated;    
>         (b)     by the former partner of the claimant as his home; but 
> this provision shall not apply where the former partner is a person from 
> whom the claimant is estranged or divorced or with whom he had formed a 
> civil partnership that has been dissolved.
> 

It is slightly problematic though. As the OP said, his ex is in the 
process of buying the house she is renting and if the council take too 
long her name will come up on the checks they do...

-- 
Robbie

On Tue, 12 Jun 2007 06:42:02 +0100, Robbie 
wrote:



>
>It is slightly problematic though. As the OP said, his ex is in the 
>process of buying the house she is renting and if the council take too 
>long her name will come up on the checks they do...

Is it? Will she want HB to pay her rent once she's bought it?
-- 
http://www.orderonlinepickupinstore.co.uk
Ah fetch it yourself if you can't wait for delivery
http://www.freedeliveryuk.co.uk
Or get it delivered for free

On Jun 12, 7:34 am, Mogga  wrote:
> On Tue, 12 Jun 2007 06:42:02 +0100, Robbie 
> wrote:
>
>
>
> >It is slightly problematic though. As the OP said, his ex is in the
> >process of buying the house she is renting and if the council take too
> >long her name will come up on the checks they do...
>
> Is it? Will she want HB to pay her rent once she's bought it?
> --http://www.orderonlinepickupinstore.co.uk
> Ah fetch it yourself if you can't wait for deliveryhttp://www.freedeliveryuk.co.uk
> Or get it delivered for free

Until she owns the hse the council will not find her name against it
except for the usual houshold bills.  as for paying rent once she's
bought it, that is impossible.  If the lady is on IS/JSA(IB) or PC she
may e able to get help with the mortgage with her benefit.

This can be a complex area as this would be a loan within a relevant
period (i.e during the period of a claim for the above benefits or a
linked period).  The amount of help with the loan would probably be
resticted to the amt of HB in payment before the loan is taken out
unless the disability provisions apply.  That's a whole new post I'm
afraid ....  Definitely worth checking before she signs on the dotted
line else she could find herself with a loan she cannot afford to pay.

Mike

"Robbie"  wrote in message 
news:5d6q17F2qd78tU1@mid.individual.net...
> anthonyberet wrote:
>> Fred wrote:
>>> "Fred"  wrote in message 
>>> news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
>>>> My ex-wife is separating from her present husband!  She's had an offer 
>>>> accepted on a house and is currently living there and paying rent.
>>>>
>>>> There is no rent book or any formal tenancy agreement.  It's been 
>>>> through pure word of mouth and the only evidence she has are of cheques 
>>>> made payable to the landlord / owner.
>>>>
>>>> She's written a letter making a claim for Housing Benefit and for 
>>>> Council Tax Benefit but they're now asking for evidence of her tenancy. 
>>>> She'd rather the landlord wasn't aware of the claim and a mutual 
>>>> acquaintance of hers and the landlord has recommended the landlord 
>>>> isn't told.  I don't know why.
>>>>
>>>> Can anyone help in what would evidence would be normally be insisted on 
>>>> to prove a tenancy?  She'll soon have evidence from bills etc and a 
>>>> couple of cheques but that's about it.
>>>>
>>>> Any answers would be appreciated.
>>>>
>>>>
>>>
>>> Many thanks for the replies.
>>>
>>> I wrote the above with a bit too much haste.  The landlord is selling 
>>> the house to my ex, pending the proceeds from the sale of her and her 
>>> husband's house.  In the mean time she is living in the new house and 
>>> paying rent.
>>>
>>>
>> I also can confirm that there is no actual requirment for a tenancy 
>> agreement. A rent agreement can be verbal, and still be enforeceable, 
>> which is the important thing.
>>
>> The council is used to this scenario - it crops up with some regularity.
>> Proof of payments made, and a written explanation from her should 
>> suffice. The council will take further steps to corroborate her story, 
>> but wont inform her landlord if she askes them not to. There are 
>> exceptions to this, but they wont apply here.
>>
>> However, it is in your ex-wife's interest to get something in writing 
>> though from her landlord, if only for her own protection under the 
>> agreement and for proof that she has kept her side of the deal.
>>
>> Paragraphs 3 and 4b of Schedule 6 to regulation 44 will also be of 
>> relevance to this claim, from what you say above:
>>
>>
>>
>> The Housing Benefit Regulations 2006 [SI 2006/213]     SCHEDULE 6 
>> Regulation 44    Capital to be disregarded
>>
>> 3.      Any sum directly attributable to the proceeds of sale of any 
>> premises formerly occupied by the claimant as his home which is to be 
>> used for the purchase of other premises intended for such occupation 
>> within 26 weeks of the date of sale or such longer period as is 
>> reasonable in the circumstances to enable the claimant to complete the 
>> purchase.     4.     Any premises occupied in whole or in part—    (a) 
>> by a partner or relative of a single claimant or any member of the family 
>> as his home where that person is either aged 60 or over or incapacitated; 
>> (b)     by the former partner of the claimant as his home; but this 
>> provision shall not apply where the former partner is a person from whom 
>> the claimant is estranged or divorced or with whom he had formed a civil 
>> partnership that has been dissolved.
>>
>
> It is slightly problematic though. As the OP said, his ex is in the 
> process of buying the house she is renting and if the council take too 
> long her name will come up on the checks they do...
>

First of all - my appreciation goes to Anthony for his opinion and extract. 
I actually thought the 26 weeks was a guide rather than cast in concrete.

For info - the land registry will have details of any transaction and there 
is no intention of any fraudulant claim.

Fred wrote:
> "Robbie"  wrote in message 
> news:5d6q17F2qd78tU1@mid.individual.net...
>> anthonyberet wrote:
>>> Fred wrote:
>>>> "Fred"  wrote in message 
>>>> news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
>>>>> My ex-wife is separating from her present husband!  She's had
>>>>>  an offer accepted on a house and is currently living there 
>>>>> and paying rent.
>>>>> 
>>>>> There is no rent book or any formal tenancy agreement.  It's
>>>>>  been through pure word of mouth and the only evidence she
>>>>> has are of cheques made payable to the landlord / owner.
>>>>> 
>>>>> She's written a letter making a claim for Housing Benefit and
>>>>>  for Council Tax Benefit but they're now asking for evidence
>>>>>  of her tenancy. She'd rather the landlord wasn't aware of
>>>>> the claim and a mutual acquaintance of hers and the landlord
>>>>> has recommended the landlord isn't told.  I don't know why.
>>>>> 
>>>>> Can anyone help in what would evidence would be normally be 
>>>>> insisted on to prove a tenancy?  She'll soon have evidence 
>>>>> from bills etc and a couple of cheques but that's about it.
>>>>> 
>>>>> Any answers would be appreciated.
>>>>> 
>>>>> 
>>>> Many thanks for the replies.
>>>> 
>>>> I wrote the above with a bit too much haste.  The landlord is 
>>>> selling the house to my ex, pending the proceeds from the sale
>>>>  of her and her husband's house.  In the mean time she is
>>>> living in the new house and paying rent.
>>>> 
>>>> 
>>> I also can confirm that there is no actual requirment for a 
>>> tenancy agreement. A rent agreement can be verbal, and still be 
>>> enforeceable, which is the important thing.
>>> 
>>> The council is used to this scenario - it crops up with some 
>>> regularity. Proof of payments made, and a written explanation 
>>> from her should suffice. The council will take further steps to 
>>> corroborate her story, but wont inform her landlord if she askes
>>>  them not to. There are exceptions to this, but they wont apply 
>>> here.
>>> 
>>> However, it is in your ex-wife's interest to get something in 
>>> writing though from her landlord, if only for her own protection
>>>  under the agreement and for proof that she has kept her side of
>>>  the deal.
>>> 
>>> Paragraphs 3 and 4b of Schedule 6 to regulation 44 will also be 
>>> of relevance to this claim, from what you say above:
>>> 
>>> 
>>> 
>>> The Housing Benefit Regulations 2006 [SI 2006/213]     SCHEDULE 6
>>>  Regulation 44    Capital to be disregarded
>>> 
>>> 3.      Any sum directly attributable to the proceeds of sale of
>>>  any premises formerly occupied by the claimant as his home which
>>>  is to be used for the purchase of other premises intended for 
>>> such occupation within 26 weeks of the date of sale or such 
>>> longer period as is reasonable in the circumstances to enable the
>>>  claimant to complete the purchase.     4.     Any premises 
>>> occupied in whole or in part・   (a) by a partner or relative of a
>>>  single claimant or any member of the family as his home where 
>>> that person is either aged 60 or over or incapacitated; (b) by 
>>> the former partner of the claimant as his home; but this 
>>> provision shall not apply where the former partner is a person 
>>> from whom the claimant is estranged or divorced or with whom he 
>>> had formed a civil partnership that has been dissolved.
>>> 
>> It is slightly problematic though. As the OP said, his ex is in the
>>  process of buying the house she is renting and if the council take
>>  too long her name will come up on the checks they do...
>> 
> 
> First of all - my appreciation goes to Anthony for his opinion and 
> extract. I actually thought the 26 weeks was a guide rather than cast
>  in concrete.

The 26 weeks is partly 'set in concrete' - as it says above 'such longer
time as is reasonable' can be allowed. However it does mean 26 weeks
disregard of the capital is guaranteed.
> 
> For info - the land registry will have details of any transaction and
>  there is no intention of any fraudulant claim.
> 
That shouldn't matter. The land registry can take up to six months to be
updated anyway.
There is no problem with her buying the house she is renting, as long as
she is paying rent on a comercial basis. The tests for this are mainly
that if she were not there, the property would be let to somebody else,
and that if she didn't pay the rent, enforcement action would be taken
against her.

It is always best to explain everything fully at the outset - attempts 
to hide facts will result in delays and uncomfortable investigation.

On Fri, 15 Jun 2007 00:15:33 +0100, anthonyberet <nospam@me.invalid>
wrote:



>> 
>> First of all - my appreciation goes to Anthony for his opinion and 
>> extract. I actually thought the 26 weeks was a guide rather than cast
>>  in concrete.
>
>The 26 weeks is partly 'set in concrete' - as it says above 'such longer
>time as is reasonable' can be allowed. However it does mean 26 weeks
>disregard of the capital is guaranteed.
>> 
>> For info - the land registry will have details of any transaction and
>>  there is no intention of any fraudulant claim.
>> 
>That shouldn't matter. The land registry can take up to six months to be
>updated anyway.
>There is no problem with her buying the house she is renting, as long as
>she is paying rent on a comercial basis. The tests for this are mainly
>that if she were not there, the property would be let to somebody else,
>and that if she didn't pay the rent, enforcement action would be taken
>against her.
>

But chances are it woldn't. She wants to live in the house so wouldn't
want tenants in it.

>It is always best to explain everything fully at the outset - attempts 
>to hide facts will result in delays and uncomfortable investigation.
-- 
http://www.orderonlinepickupinstore.co.uk
Ah fetch it yourself if you can't wait for delivery
http://www.freedeliveryuk.co.uk
Or get it delivered for free

"Fred"  wrote in message 
news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
> My ex-wife is separating from her present husband!  She's had an offer 
> accepted on a house and is currently living there and paying rent.
>
> There is no rent book or any formal tenancy agreement.  It's been through 
> pure word of mouth and the only evidence she has are of cheques made 
> payable to the landlord / owner.
>
> She's written a letter making a claim for Housing Benefit and for Council 
> Tax Benefit but they're now asking for evidence of her tenancy.  She'd 
> rather the landlord wasn't aware of the claim and a mutual acquaintance of 
> hers and the landlord has recommended the landlord isn't told.  I don't 
> know why.
>
> Can anyone help in what would evidence would be normally be insisted on to 
> prove a tenancy?  She'll soon have evidence from bills etc and a couple of 
> cheques but that's about it.
>
> Any answers would be appreciated.
>
>

What you are suggesting here could amount to fraud, it should make no 
difference to the LL how he gets paid so long as he gets paid.

She should ask him for some form of agreement to show she is the tenant. 
Anything in writing on a sheet of A4 will do as long as it shows the LL's 
details, amount of rent payable and signed by both parties.

The alternative is to make up a TA, forge the LL's signature, or even use a 
ficticious name for the LL.
Wouldnt take the council long to spot that one.

In message <46688f6f$0$30325$fa0fcedb@news.zen.co.uk>, Fred 
 writes
>My ex-wife is separating from her present husband!  She's had an offer
>accepted on a house and is currently living there and paying rent.
>
>There is no rent book or any formal tenancy agreement.  It's been through
>pure word of mouth and the only evidence she has are of cheques made payable
>to the landlord / owner.
>
>She's written a letter making a claim for Housing Benefit and for Council
>Tax Benefit but they're now asking for evidence of her tenancy.  She'd
>rather the landlord wasn't aware of the claim and a mutual acquaintance of
>hers and the landlord has recommended the landlord isn't told.  I don't know
>why.
>
>Can anyone help in what would evidence would be normally be insisted on to
>prove a tenancy?  She'll soon have evidence from bills etc and a couple of
>cheques but that's about it.
>
>Any answers would be appreciated.
>
>

They often request a tenancy agreement but the regulations don't demand 
it. They simply need to know that a commercial tenancy exists. A rent 
book and some insistence usually does the trick.

-- 
Mike_B

On 8 Jun, 00:31, Mike_B  wrote:
> In message <46688f6f$0$30325$fa0fc...@news.zen.co.uk>, Fred
>  writes
>
>
>
>
>
> >My ex-wife is separating from her present husband!  She's had an offer
> >accepted on a house and is currently living there and paying rent.
>
> >There is no rent book or any formal tenancy agreement.  It's been through
> >pure word of mouth and the only evidence she has are of cheques made payable
> >to the landlord / owner.
>
> >She's written a letter making a claim for Housing Benefit and for Council
> >Tax Benefit but they're now asking for evidence of her tenancy.  She'd
> >rather the landlord wasn't aware of the claim and a mutual acquaintance of
> >hers and the landlord has recommended the landlord isn't told.  I don't know
> >why.
>
> >Can anyone help in what would evidence would be normally be insisted on to
> >prove a tenancy?  She'll soon have evidence from bills etc and a couple of
> >cheques but that's about it.
>
> >Any answers would be appreciated.
>
> They often request a tenancy agreement but the regulations don't demand
> it. They simply need to know that a commercial tenancy exists. A rent
> book and some insistence usually does the trick.
>
> --
> Mike_B- Hide quoted text -
>
> - Show quoted text -

Agree with Mike_B that the regulations don't demand a written tenacy
agreement. Even a verbal agreement is supposedly good enough (although
how you would "prove" it is a bit uncertain). Evidence of payment is a
good start.
You could buy a rent book from a stationers e.g. WH Smith - but there
WOULD be problems if they find out you have forged it.

Is there any reason why the landlord wouldn't give you a letter
outlining the agreement between you. This is only fair really and it
doesn't need to be connected with a HB claim. Just say you want it in
writing like any other legally binding contract.

Definately do NOT agree with Niteawk on giving a false name for the
Landlord. If a HB claim has not recently been made at that address
then the HB dept will take steps to find out who the legal owner of
the property is. (they won't contact the Landlord to do this - but
they have a very quick and accurate method of doing it)

Here's a radical suggestion. Tell the HB department you don't want
your landlord finding out about your claim. It won't be the first time
they have been told that and there is nothing wrong with that anyway.
It should also make them work with you to find evidence of the tenancy
through methods like checking bank statements for regular payment to
the landlord. If you appear to be a bit cagey about providing evidence
it will start their fraud whiskers twitching. Just Tell Them.

One thing is for sure though - no evidence of tenancy = rejected
claim.

All round it would be easier if you get a brief copy of the agreement
in writing from the landlord and tell HB you don't want him notified
of your claim.

"Zargon"  wrote in message 
news:1181292773.128338.279590@e65g2000hsc.googlegroups.com...
> On 8 Jun, 00:31, Mike_B  wrote:
>> In message <46688f6f$0$30325$fa0fc...@news.zen.co.uk>, Fred
>>  writes
>>
>>
>>
>>
>>
>> >My ex-wife is separating from her present husband!  She's had an offer
>> >accepted on a house and is currently living there and paying rent.
>>
>> >There is no rent book or any formal tenancy agreement.  It's been 
>> >through
>> >pure word of mouth and the only evidence she has are of cheques made 
>> >payable
>> >to the landlord / owner.
>>
>> >She's written a letter making a claim for Housing Benefit and for 
>> >Council
>> >Tax Benefit but they're now asking for evidence of her tenancy.  She'd
>> >rather the landlord wasn't aware of the claim and a mutual acquaintance 
>> >of
>> >hers and the landlord has recommended the landlord isn't told.  I don't 
>> >know
>> >why.
>>
>> >Can anyone help in what would evidence would be normally be insisted on 
>> >to
>> >prove a tenancy?  She'll soon have evidence from bills etc and a couple 
>> >of
>> >cheques but that's about it.
>>
>> >Any answers would be appreciated.
>>
>> They often request a tenancy agreement but the regulations don't demand
>> it. They simply need to know that a commercial tenancy exists. A rent
>> book and some insistence usually does the trick.
>>
>> --
>> Mike_B- Hide quoted text -
>>
>> - Show quoted text -
>
> Agree with Mike_B that the regulations don't demand a written tenacy
> agreement. Even a verbal agreement is supposedly good enough (although
> how you would "prove" it is a bit uncertain). Evidence of payment is a
> good start.
> You could buy a rent book from a stationers e.g. WH Smith - but there
> WOULD be problems if they find out you have forged it.
>
> Is there any reason why the landlord wouldn't give you a letter
> outlining the agreement between you. This is only fair really and it
> doesn't need to be connected with a HB claim. Just say you want it in
> writing like any other legally binding contract.
>
> Definately do NOT agree with Niteawk on giving a false name for the
> Landlord. If a HB claim has not recently been made at that address
> then the HB dept will take steps to find out who the legal owner of
> the property is. (they won't contact the Landlord to do this - but
> they have a very quick and accurate method of doing it)
>

Eh, another one that cant read. Thats what the OP's ex is thinking of doing, 
I pointed out that it would not take the council long to spot that one.

On 8 Jun, 17:10, "Niteawk"  wrote:
> "Zargon"  wrote in message
>
> news:1181292773.128338.279590@e65g2000hsc.googlegroups.com...
>
>
>
>
>
> > On 8 Jun, 00:31, Mike_B  wrote:
> >> In message <46688f6f$0$30325$fa0fc...@news.zen.co.uk>, Fred
> >>  writes
>
> >> >My ex-wife is separating from her present husband!  She's had an offer
> >> >accepted on a house and is currently living there and paying rent.
>
> >> >There is no rent book or any formal tenancy agreement.  It's been
> >> >through
> >> >pure word of mouth and the only evidence she has are of cheques made
> >> >payable
> >> >to the landlord / owner.
>
> >> >She's written a letter making a claim for Housing Benefit and for
> >> >Council
> >> >Tax Benefit but they're now asking for evidence of her tenancy.  She'd
> >> >rather the landlord wasn't aware of the claim and a mutual acquaintance
> >> >of
> >> >hers and the landlord has recommended the landlord isn't told.  I don't
> >> >know
> >> >why.
>
> >> >Can anyone help in what would evidence would be normally be insisted on
> >> >to
> >> >prove a tenancy?  She'll soon have evidence from bills etc and a couple
> >> >of
> >> >cheques but that's about it.
>
> >> >Any answers would be appreciated.
>
> >> They often request a tenancy agreement but the regulations don't demand
> >> it. They simply need to know that a commercial tenancy exists. A rent
> >> book and some insistence usually does the trick.
>
> >> --
> >> Mike_B- Hide quoted text -
>
> >> - Show quoted text -
>
> > Agree with Mike_B that the regulations don't demand a written tenacy
> > agreement. Even a verbal agreement is supposedly good enough (although
> > how you would "prove" it is a bit uncertain). Evidence of payment is a
> > good start.
> > You could buy a rent book from a stationers e.g. WH Smith - but there
> > WOULD be problems if they find out you have forged it.
>
> > Is there any reason why the landlord wouldn't give you a letter
> > outlining the agreement between you. This is only fair really and it
> > doesn't need to be connected with a HB claim. Just say you want it in
> > writing like any other legally binding contract.
>
> > Definately do NOT agree with Niteawk on giving a false name for the
> > Landlord. If a HB claim has not recently been made at that address
> > then the HB dept will take steps to find out who the legal owner of
> > the property is. (they won't contact the Landlord to do this - but
> > they have a very quick and accurate method of doing it)
>
> Eh, another one that cant read. Thats what the OP's ex is thinking of doing,
> I pointed out that it would not take the council long to spot that one.- Hide quoted text -
>
> - Show quoted text -

Apologies to Niteawk. I misread his post.

On Jun 7, 11:55 pm, "Fred"  wrote:
> My ex-wife is separating from her present husband!  She's had an offer
> accepted on a house and is currently living there and paying rent.
>
> There is no rent book or any formal tenancy agreement.  It's been through
> pure word of mouth and the only evidence she has are of cheques made payable
> to the landlord / owner.
>
> She's written a letter making a claim for Housing Benefit and for Council
> Tax Benefit but they're now asking for evidence of her tenancy.  She'd
> rather the landlord wasn't aware of the claim and a mutual acquaintance of
> hers and the landlord has recommended the landlord isn't told.  I don't know
> why.
>
> Can anyone help in what would evidence would be normally be insisted on to
> prove a tenancy?  She'll soon have evidence from bills etc and a couple of
> cheques but that's about it.
>
> Any answers would be appreciated.

Quite simply the council want proof that there is a rental agreement
for the property between the tenant and the landlord and what it
covers.

Demonstrating she pays John Smith £80 pw with statements etc does not
prove that it's IRO the house or what she gets for her money.  The
council will need to confirm the amount of rent net of any extras e.g.
the amount she pays might cover some bills, service charges, furniture
or a garage.

It will be difficult to etsablish this without a tenacy agreement or
contact with the landlord.  If she wants to avoid the landlord finding
out she may have to try and put the tenancy on a more formal footing.
I beleive standard tenancy agreements can be downloaded/purchased from
stationers.  As long as the chap who signs it is the owner of the hse
and he's not subletting or acting on behalf of someone else that
should suffice.

Once she has a formal agreement she has more rights even if the
landlord did find out, which is quite likely if he knows people living
nearby.  If she proves herself to be a reliable tennant he may not
care!  Landlords tend to get sniffy about HB on new lets because of
delays starting payments up and also it may mean the tennant is from a
poorer background and might damage the property skip leaving O/S
bills.

Obviously not the case for most but definitely the case for some.

Mike

On 7 Jun, 23:55, "Fred"  wrote:
> My ex-wife is separating from her present husband!  She's had an offer
> accepted on a house and is currently living there and paying rent.
>
> There is no rent book or any formal tenancy agreement.  It's been through
> pure word of mouth and the only evidence she has are of cheques made payable
> to the landlord / owner.
>
> She's written a letter making a claim for Housing Benefit and for Council
> Tax Benefit but they're now asking for evidence of her tenancy.  She'd
> rather the landlord wasn't aware of the claim and a mutual acquaintance of
> hers and the landlord has recommended the landlord isn't told.  I don't know
> why.
>
> Can anyone help in what would evidence would be normally be insisted on to
> prove a tenancy?  She'll soon have evidence from bills etc and a couple of
> cheques but that's about it.
>
> Any answers would be appreciated.

I had a similar problem.  I had a tenency agreement that had expired,
and become a periodic tenancy, so the tenancy agreement had nominally
expired.

I my landlord for a letter confirming that I was his tenant and the
amount of rent I paid.  I didn't specify why I needed confirmation,
and you shouldn't need to.  As I said, he was a bit lazy, so I
eventually a letter from him with the information I needed, and sent
it to him with a stamped self addressed envelope, and just asked him
to sign it, and that seemed good enough for Wandsworth council.

"Zargon"  wrote in message 
news:1181390597.517014.261370@n4g2000hsb.googlegroups.com...
> On 8 Jun, 17:10, "Niteawk"  wrote:
>> "Zargon"  wrote in message
>>
>> news:1181292773.128338.279590@e65g2000hsc.googlegroups.com...
>>
>>
>>
>>
>>
>> > On 8 Jun, 00:31, Mike_B  wrote:
>> >> In message <46688f6f$0$30325$fa0fc...@news.zen.co.uk>, Fred
>> >>  writes
>>
>> >> >My ex-wife is separating from her present husband!  She's had an 
>> >> >offer
>> >> >accepted on a house and is currently living there and paying rent.
>>
>> >> >There is no rent book or any formal tenancy agreement.  It's been
>> >> >through
>> >> >pure word of mouth and the only evidence she has are of cheques made
>> >> >payable
>> >> >to the landlord / owner.
>>
>> >> >She's written a letter making a claim for Housing Benefit and for
>> >> >Council
>> >> >Tax Benefit but they're now asking for evidence of her tenancy. 
>> >> >She'd
>> >> >rather the landlord wasn't aware of the claim and a mutual 
>> >> >acquaintance
>> >> >of
>> >> >hers and the landlord has recommended the landlord isn't told.  I 
>> >> >don't
>> >> >know
>> >> >why.
>>
>> >> >Can anyone help in what would evidence would be normally be insisted 
>> >> >on
>> >> >to
>> >> >prove a tenancy?  She'll soon have evidence from bills etc and a 
>> >> >couple
>> >> >of
>> >> >cheques but that's about it.
>>
>> >> >Any answers would be appreciated.
>>
>> >> They often request a tenancy agreement but the regulations don't 
>> >> demand
>> >> it. They simply need to know that a commercial tenancy exists. A rent
>> >> book and some insistence usually does the trick.
>>
>> >> --
>> >> Mike_B- Hide quoted text -
>>
>> >> - Show quoted text -
>>
>> > Agree with Mike_B that the regulations don't demand a written tenacy
>> > agreement. Even a verbal agreement is supposedly good enough (although
>> > how you would "prove" it is a bit uncertain). Evidence of payment is a
>> > good start.
>> > You could buy a rent book from a stationers e.g. WH Smith - but there
>> > WOULD be problems if they find out you have forged it.
>>
>> > Is there any reason why the landlord wouldn't give you a letter
>> > outlining the agreement between you. This is only fair really and it
>> > doesn't need to be connected with a HB claim. Just say you want it in
>> > writing like any other legally binding contract.
>>
>> > Definately do NOT agree with Niteawk on giving a false name for the
>> > Landlord. If a HB claim has not recently been made at that address
>> > then the HB dept will take steps to find out who the legal owner of
>> > the property is. (they won't contact the Landlord to do this - but
>> > they have a very quick and accurate method of doing it)
>>
>> Eh, another one that cant read. Thats what the OP's ex is thinking of 
>> doing,
>> I pointed out that it would not take the council long to spot that one.- 
>> Hide quoted text -
>>
>> - Show quoted text -
>
> Apologies to Niteawk. I misread his post.
>

I think there has been a general misunderstanding here.  The ex has no 
intention of committing any kind of fraud and is not going to forge any 
letters or documents.

The purpose of this post was to understand what the HB department would 
reasonably accept for the existence of a tenancy without the landlord aware 
being made aware of a claim for HB.  I was hoping that evidence of payment 
and the fact she is living there might be sufficient though I have already 
stressed to her there ought to be some additional written evidence.

I would also like to take the opportunity to than those who have taken the 
trouble to reply.  It is appreciated.

"Fred"  wrote in message 
news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
> My ex-wife is separating from her present husband!  She's had an offer 
> accepted on a house and is currently living there and paying rent.
>
> There is no rent book or any formal tenancy agreement.  It's been through 
> pure word of mouth and the only evidence she has are of cheques made 
> payable to the landlord / owner.
>
> She's written a letter making a claim for Housing Benefit and for Council 
> Tax Benefit but they're now asking for evidence of her tenancy.  She'd 
> rather the landlord wasn't aware of the claim and a mutual acquaintance of 
> hers and the landlord has recommended the landlord isn't told.  I don't 
> know why.
>
> Can anyone help in what would evidence would be normally be insisted on to 
> prove a tenancy?  She'll soon have evidence from bills etc and a couple of 
> cheques but that's about it.
>
> Any answers would be appreciated.
>
>

Many thanks for the replies.

I wrote the above with a bit too much haste.  The landlord is selling the 
house to my ex, pending the proceeds from the sale of her and her husband's 
house.  In the mean time she is living in the new house and paying rent.

Fred wrote:
> "Fred"  wrote in message 
> news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
>> My ex-wife is separating from her present husband!  She's had an offer 
>> accepted on a house and is currently living there and paying rent.
>>
>> There is no rent book or any formal tenancy agreement.  It's been through 
>> pure word of mouth and the only evidence she has are of cheques made 
>> payable to the landlord / owner.
>>
>> She's written a letter making a claim for Housing Benefit and for Council 
>> Tax Benefit but they're now asking for evidence of her tenancy.  She'd 
>> rather the landlord wasn't aware of the claim and a mutual acquaintance of 
>> hers and the landlord has recommended the landlord isn't told.  I don't 
>> know why.
>>
>> Can anyone help in what would evidence would be normally be insisted on to 
>> prove a tenancy?  She'll soon have evidence from bills etc and a couple of 
>> cheques but that's about it.
>>
>> Any answers would be appreciated.
>>
>>
> 
> Many thanks for the replies.
> 
> I wrote the above with a bit too much haste.  The landlord is selling the 
> house to my ex, pending the proceeds from the sale of her and her husband's 
> house.  In the mean time she is living in the new house and paying rent.
> 
> 
I also can confirm that there is no actual requirment for a tenancy 
agreement. A rent agreement can be verbal, and still be enforeceable, 
which is the important thing.

The council is used to this scenario - it crops up with some regularity.
Proof of payments made, and a written explanation from her should 
suffice. The council will take further steps to corroborate her story, 
but wont inform her landlord if she askes them not to. There are 
exceptions to this, but they wont apply here.

However, it is in your ex-wife's interest to get something in writing 
though from her landlord, if only for her own protection under the 
agreement and for proof that she has kept her side of the deal.

Paragraphs 3 and 4b of Schedule 6 to regulation 44 will also be of 
relevance to this claim, from what you say above:



The Housing Benefit Regulations 2006 [SI 2006/213]  	
	
					
	SCHEDULE 6 Regulation 44 	
	Capital to be disregarded

3.  	Any sum directly attributable to the proceeds of sale of any 
premises formerly occupied by the claimant as his home which is to be 
used for the purchase of other premises intended for such occupation 
within 26 weeks of the date of sale or such longer period as is 
reasonable in the circumstances to enable the claimant to complete the 
purchase.  	
	4. 	Any premises occupied in whole or in part— 	
		(a) 	by a partner or relative of a single claimant or any member of 
the family as his home where that person is either aged 60 or over or 
incapacitated; 	
		(b) 	by the former partner of the claimant as his home; but this 
provision shall not apply where the former partner is a person from whom 
the claimant is estranged or divorced or with whom he had formed a civil 
partnership that has been dissolved.

anthonyberet wrote:
> Fred wrote:
>> "Fred"  wrote in message 
>> news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
>>> My ex-wife is separating from her present husband!  She's had an 
>>> offer accepted on a house and is currently living there and paying rent.
>>>
>>> There is no rent book or any formal tenancy agreement.  It's been 
>>> through pure word of mouth and the only evidence she has are of 
>>> cheques made payable to the landlord / owner.
>>>
>>> She's written a letter making a claim for Housing Benefit and for 
>>> Council Tax Benefit but they're now asking for evidence of her 
>>> tenancy.  She'd rather the landlord wasn't aware of the claim and a 
>>> mutual acquaintance of hers and the landlord has recommended the 
>>> landlord isn't told.  I don't know why.
>>>
>>> Can anyone help in what would evidence would be normally be insisted 
>>> on to prove a tenancy?  She'll soon have evidence from bills etc and 
>>> a couple of cheques but that's about it.
>>>
>>> Any answers would be appreciated.
>>>
>>>
>>
>> Many thanks for the replies.
>>
>> I wrote the above with a bit too much haste.  The landlord is selling 
>> the house to my ex, pending the proceeds from the sale of her and her 
>> husband's house.  In the mean time she is living in the new house and 
>> paying rent.
>>
>>
> I also can confirm that there is no actual requirment for a tenancy 
> agreement. A rent agreement can be verbal, and still be enforeceable, 
> which is the important thing.
> 
> The council is used to this scenario - it crops up with some regularity.
> Proof of payments made, and a written explanation from her should 
> suffice. The council will take further steps to corroborate her story, 
> but wont inform her landlord if she askes them not to. There are 
> exceptions to this, but they wont apply here.
> 
> However, it is in your ex-wife's interest to get something in writing 
> though from her landlord, if only for her own protection under the 
> agreement and for proof that she has kept her side of the deal.
> 
> Paragraphs 3 and 4b of Schedule 6 to regulation 44 will also be of 
> relevance to this claim, from what you say above:
> 
> 
> 
> The Housing Benefit Regulations 2006 [SI 2006/213]     
>     
>                    
>     SCHEDULE 6 Regulation 44    
>     Capital to be disregarded
> 
> 3.      Any sum directly attributable to the proceeds of sale of any 
> premises formerly occupied by the claimant as his home which is to be 
> used for the purchase of other premises intended for such occupation 
> within 26 weeks of the date of sale or such longer period as is 
> reasonable in the circumstances to enable the claimant to complete the 
> purchase.     
>     4.     Any premises occupied in whole or in part—    
>         (a)     by a partner or relative of a single claimant or any 
> member of the family as his home where that person is either aged 60 or 
> over or incapacitated;    
>         (b)     by the former partner of the claimant as his home; but 
> this provision shall not apply where the former partner is a person from 
> whom the claimant is estranged or divorced or with whom he had formed a 
> civil partnership that has been dissolved.
> 

It is slightly problematic though. As the OP said, his ex is in the 
process of buying the house she is renting and if the council take too 
long her name will come up on the checks they do...

-- 
Robbie

On Tue, 12 Jun 2007 06:42:02 +0100, Robbie 
wrote:



>
>It is slightly problematic though. As the OP said, his ex is in the 
>process of buying the house she is renting and if the council take too 
>long her name will come up on the checks they do...

Is it? Will she want HB to pay her rent once she's bought it?
-- 
http://www.orderonlinepickupinstore.co.uk
Ah fetch it yourself if you can't wait for delivery
http://www.freedeliveryuk.co.uk
Or get it delivered for free

On Jun 12, 7:34 am, Mogga  wrote:
> On Tue, 12 Jun 2007 06:42:02 +0100, Robbie 
> wrote:
>
>
>
> >It is slightly problematic though. As the OP said, his ex is in the
> >process of buying the house she is renting and if the council take too
> >long her name will come up on the checks they do...
>
> Is it? Will she want HB to pay her rent once she's bought it?
> --http://www.orderonlinepickupinstore.co.uk
> Ah fetch it yourself if you can't wait for deliveryhttp://www.freedeliveryuk.co.uk
> Or get it delivered for free

Until she owns the hse the council will not find her name against it
except for the usual houshold bills.  as for paying rent once she's
bought it, that is impossible.  If the lady is on IS/JSA(IB) or PC she
may e able to get help with the mortgage with her benefit.

This can be a complex area as this would be a loan within a relevant
period (i.e during the period of a claim for the above benefits or a
linked period).  The amount of help with the loan would probably be
resticted to the amt of HB in payment before the loan is taken out
unless the disability provisions apply.  That's a whole new post I'm
afraid ....  Definitely worth checking before she signs on the dotted
line else she could find herself with a loan she cannot afford to pay.

Mike

"Robbie"  wrote in message 
news:5d6q17F2qd78tU1@mid.individual.net...
> anthonyberet wrote:
>> Fred wrote:
>>> "Fred"  wrote in message 
>>> news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
>>>> My ex-wife is separating from her present husband!  She's had an offer 
>>>> accepted on a house and is currently living there and paying rent.
>>>>
>>>> There is no rent book or any formal tenancy agreement.  It's been 
>>>> through pure word of mouth and the only evidence she has are of cheques 
>>>> made payable to the landlord / owner.
>>>>
>>>> She's written a letter making a claim for Housing Benefit and for 
>>>> Council Tax Benefit but they're now asking for evidence of her tenancy. 
>>>> She'd rather the landlord wasn't aware of the claim and a mutual 
>>>> acquaintance of hers and the landlord has recommended the landlord 
>>>> isn't told.  I don't know why.
>>>>
>>>> Can anyone help in what would evidence would be normally be insisted on 
>>>> to prove a tenancy?  She'll soon have evidence from bills etc and a 
>>>> couple of cheques but that's about it.
>>>>
>>>> Any answers would be appreciated.
>>>>
>>>>
>>>
>>> Many thanks for the replies.
>>>
>>> I wrote the above with a bit too much haste.  The landlord is selling 
>>> the house to my ex, pending the proceeds from the sale of her and her 
>>> husband's house.  In the mean time she is living in the new house and 
>>> paying rent.
>>>
>>>
>> I also can confirm that there is no actual requirment for a tenancy 
>> agreement. A rent agreement can be verbal, and still be enforeceable, 
>> which is the important thing.
>>
>> The council is used to this scenario - it crops up with some regularity.
>> Proof of payments made, and a written explanation from her should 
>> suffice. The council will take further steps to corroborate her story, 
>> but wont inform her landlord if she askes them not to. There are 
>> exceptions to this, but they wont apply here.
>>
>> However, it is in your ex-wife's interest to get something in writing 
>> though from her landlord, if only for her own protection under the 
>> agreement and for proof that she has kept her side of the deal.
>>
>> Paragraphs 3 and 4b of Schedule 6 to regulation 44 will also be of 
>> relevance to this claim, from what you say above:
>>
>>
>>
>> The Housing Benefit Regulations 2006 [SI 2006/213]     SCHEDULE 6 
>> Regulation 44    Capital to be disregarded
>>
>> 3.      Any sum directly attributable to the proceeds of sale of any 
>> premises formerly occupied by the claimant as his home which is to be 
>> used for the purchase of other premises intended for such occupation 
>> within 26 weeks of the date of sale or such longer period as is 
>> reasonable in the circumstances to enable the claimant to complete the 
>> purchase.     4.     Any premises occupied in whole or in part—    (a) 
>> by a partner or relative of a single claimant or any member of the family 
>> as his home where that person is either aged 60 or over or incapacitated; 
>> (b)     by the former partner of the claimant as his home; but this 
>> provision shall not apply where the former partner is a person from whom 
>> the claimant is estranged or divorced or with whom he had formed a civil 
>> partnership that has been dissolved.
>>
>
> It is slightly problematic though. As the OP said, his ex is in the 
> process of buying the house she is renting and if the council take too 
> long her name will come up on the checks they do...
>

First of all - my appreciation goes to Anthony for his opinion and extract. 
I actually thought the 26 weeks was a guide rather than cast in concrete.

For info - the land registry will have details of any transaction and there 
is no intention of any fraudulant claim.

Fred wrote:
> "Robbie"  wrote in message 
> news:5d6q17F2qd78tU1@mid.individual.net...
>> anthonyberet wrote:
>>> Fred wrote:
>>>> "Fred"  wrote in message 
>>>> news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
>>>>> My ex-wife is separating from her present husband!  She's had
>>>>>  an offer accepted on a house and is currently living there 
>>>>> and paying rent.
>>>>> 
>>>>> There is no rent book or any formal tenancy agreement.  It's
>>>>>  been through pure word of mouth and the only evidence she
>>>>> has are of cheques made payable to the landlord / owner.
>>>>> 
>>>>> She's written a letter making a claim for Housing Benefit and
>>>>>  for Council Tax Benefit but they're now asking for evidence
>>>>>  of her tenancy. She'd rather the landlord wasn't aware of
>>>>> the claim and a mutual acquaintance of hers and the landlord
>>>>> has recommended the landlord isn't told.  I don't know why.
>>>>> 
>>>>> Can anyone help in what would evidence would be normally be 
>>>>> insisted on to prove a tenancy?  She'll soon have evidence 
>>>>> from bills etc and a couple of cheques but that's about it.
>>>>> 
>>>>> Any answers would be appreciated.
>>>>> 
>>>>> 
>>>> Many thanks for the replies.
>>>> 
>>>> I wrote the above with a bit too much haste.  The landlord is 
>>>> selling the house to my ex, pending the proceeds from the sale
>>>>  of her and her husband's house.  In the mean time she is
>>>> living in the new house and paying rent.
>>>> 
>>>> 
>>> I also can confirm that there is no actual requirment for a 
>>> tenancy agreement. A rent agreement can be verbal, and still be 
>>> enforeceable, which is the important thing.
>>> 
>>> The council is used to this scenario - it crops up with some 
>>> regularity. Proof of payments made, and a written explanation 
>>> from her should suffice. The council will take further steps to 
>>> corroborate her story, but wont inform her landlord if she askes
>>>  them not to. There are exceptions to this, but they wont apply 
>>> here.
>>> 
>>> However, it is in your ex-wife's interest to get something in 
>>> writing though from her landlord, if only for her own protection
>>>  under the agreement and for proof that she has kept her side of
>>>  the deal.
>>> 
>>> Paragraphs 3 and 4b of Schedule 6 to regulation 44 will also be 
>>> of relevance to this claim, from what you say above:
>>> 
>>> 
>>> 
>>> The Housing Benefit Regulations 2006 [SI 2006/213]     SCHEDULE 6
>>>  Regulation 44    Capital to be disregarded
>>> 
>>> 3.      Any sum directly attributable to the proceeds of sale of
>>>  any premises formerly occupied by the claimant as his home which
>>>  is to be used for the purchase of other premises intended for 
>>> such occupation within 26 weeks of the date of sale or such 
>>> longer period as is reasonable in the circumstances to enable the
>>>  claimant to complete the purchase.     4.     Any premises 
>>> occupied in whole or in part・   (a) by a partner or relative of a
>>>  single claimant or any member of the family as his home where 
>>> that person is either aged 60 or over or incapacitated; (b) by 
>>> the former partner of the claimant as his home; but this 
>>> provision shall not apply where the former partner is a person 
>>> from whom the claimant is estranged or divorced or with whom he 
>>> had formed a civil partnership that has been dissolved.
>>> 
>> It is slightly problematic though. As the OP said, his ex is in the
>>  process of buying the house she is renting and if the council take
>>  too long her name will come up on the checks they do...
>> 
> 
> First of all - my appreciation goes to Anthony for his opinion and 
> extract. I actually thought the 26 weeks was a guide rather than cast
>  in concrete.

The 26 weeks is partly 'set in concrete' - as it says above 'such longer
time as is reasonable' can be allowed. However it does mean 26 weeks
disregard of the capital is guaranteed.
> 
> For info - the land registry will have details of any transaction and
>  there is no intention of any fraudulant claim.
> 
That shouldn't matter. The land registry can take up to six months to be
updated anyway.
There is no problem with her buying the house she is renting, as long as
she is paying rent on a comercial basis. The tests for this are mainly
that if she were not there, the property would be let to somebody else,
and that if she didn't pay the rent, enforcement action would be taken
against her.

It is always best to explain everything fully at the outset - attempts 
to hide facts will result in delays and uncomfortable investigation.

On Fri, 15 Jun 2007 00:15:33 +0100, anthonyberet <nospam@me.invalid>
wrote:



>> 
>> First of all - my appreciation goes to Anthony for his opinion and 
>> extract. I actually thought the 26 weeks was a guide rather than cast
>>  in concrete.
>
>The 26 weeks is partly 'set in concrete' - as it says above 'such longer
>time as is reasonable' can be allowed. However it does mean 26 weeks
>disregard of the capital is guaranteed.
>> 
>> For info - the land registry will have details of any transaction and
>>  there is no intention of any fraudulant claim.
>> 
>That shouldn't matter. The land registry can take up to six months to be
>updated anyway.
>There is no problem with her buying the house she is renting, as long as
>she is paying rent on a comercial basis. The tests for this are mainly
>that if she were not there, the property would be let to somebody else,
>and that if she didn't pay the rent, enforcement action would be taken
>against her.
>

But chances are it woldn't. She wants to live in the house so wouldn't
want tenants in it.

>It is always best to explain everything fully at the outset - attempts 
>to hide facts will result in delays and uncomfortable investigation.
-- 
http://www.orderonlinepickupinstore.co.uk
Ah fetch it yourself if you can't wait for delivery
http://www.freedeliveryuk.co.uk
Or get it delivered for free

"Fred"  wrote in message 
news:46688f6f$0$30325$fa0fcedb@news.zen.co.uk...
> My ex-wife is separating from her present husband!  She's had an offer 
> accepted on a house and is currently living there and paying rent.
>
> There is no rent book or any formal tenancy agreement.  It's been through 
> pure word of mouth and the only evidence she has are of cheques made 
> payable to the landlord / owner.
>
> She's written a letter making a claim for Housing Benefit and for Council 
> Tax Benefit but they're now asking for evidence of her tenancy.  She'd 
> rather the landlord wasn't aware of the claim and a mutual acquaintance of 
> hers and the landlord has recommended the landlord isn't told.  I don't 
> know why.
>
> Can anyone help in what would evidence would be normally be insisted on to 
> prove a tenancy?  She'll soon have evidence from bills etc and a couple of 
> cheques but that's about it.
>
> Any answers would be appreciated.
>
>

What you are suggesting here could amount to fraud, it should make no 
difference to the LL how he gets paid so long as he gets paid.

She should ask him for some form of agreement to show she is the tenant. 
Anything in writing on a sheet of A4 will do as long as it shows the LL's 
details, amount of rent payable and signed by both parties.

The alternative is to make up a TA, forge the LL's signature, or even use a 
ficticious name for the LL.
Wouldnt take the council long to spot that one.

In message <46688f6f$0$30325$fa0fcedb@news.zen.co.uk>, Fred 
 writes
>My ex-wife is separating from her present husband!  She's had an offer
>accepted on a house and is currently living there and paying rent.
>
>There is no rent book or any formal tenancy agreement.  It's been through
>pure word of mouth and the only evidence she has are of cheques made payable
>to the landlord / owner.
>
>She's written a letter making a claim for Housing Benefit and for Council
>Tax Benefit but they're now asking for evidence of her tenancy.  She'd
>rather the landlord wasn't aware of the claim and a mutual acquaintance of
>hers and the landlord has recommended the landlord isn't told.  I don't know
>why.
>
>Can anyone help in what would evidence would be normally be insisted on to
>prove a tenancy?  She'll soon have evidence from bills etc and a couple of
>cheques but that's about it.
>
>Any answers would be appreciated.
>
>

They often request a tenancy agreement but the regulations don't demand 
it. They simply need to know that a commercial tenancy exists. A rent 
book and some insistence usually does the trick.

-- 
Mike_B

On 8 Jun, 00:31, Mike_B  wrote:
> In message <46688f6f$0$30325$fa0fc...@news.zen.co.uk>, Fred
>  writes
>
>
>
>
>
> >My ex-wife is separating from her present husband!  She's had an offer
> >accepted on a house and is currently living there and paying rent.
>
> >There is no rent book or any formal tenancy agreement.  It's been through
> >pure word of mouth and the only evidence she has are of cheques made payable
> >to the landlord / owner.
>
> >She's written a letter making a claim for Housing Benefit and for Council
> >Tax Benefit but they're now asking for evidence of her tenancy.  She'd
> >rather the landlord wasn't aware of the claim and a mutual acquaintance of
> >hers and the landlord has recommended the landlord isn't told.  I don't know
> >why.
>
> >Can anyone help in what would evidence would be normally be insisted on to
> >prove a tenancy?  She'll soon have evidence from bills etc and a couple of
> >cheques but that's about it.
>
> >Any answers would be appreciated.
>
> They often request a tenancy agreement but the regulations don't demand
> it. They simply need to know that a commercial tenancy exists. A rent
> book and some insistence usually does the trick.
>
> --
> Mike_B- Hide quoted text -
>
> - Show quoted text -

Agree with Mike_B that the regulations don't demand a written tenacy
agreement. Even a verbal agreement is supposedly good enough (although
how you would "prove" it is a bit uncertain). Evidence of payment is a
good start.
You could buy a rent book from a stationers e.g. WH Smith - but there
WOULD be problems if they find out you have forged it.

Is there any reason why the landlord wouldn't give you a letter
outlining the agreement between you. This is only fair really and it
doesn't need to be connected with a HB claim. Just say you want it in
writing like any other legally binding contract.

Definately do NOT agree with Niteawk on giving a false name for the
Landlord. If a HB claim has not recently been made at that address
then the HB dept will take steps to find out who the legal owner of
the property is. (they won't contact the Landlord to do this - but
they have a very quick and accurate method of doing it)

Here's a radical suggestion. Tell the HB department you don't want
your landlord finding out about your claim. It won't be the first time
they have been told that and there is nothing wrong with that anyway.
It should also make them work with you to find evidence of the tenancy
through methods like checking bank statements for regular payment to
the landlord. If you appear to be a bit cagey about providing evidence
it will start their fraud whiskers twitching. Just Tell Them.

One thing is for sure though - no evidence of tenancy = rejected
claim.

All round it would be easier if you get a brief copy of the agreement
in writing from the landlord and tell HB you don't want him notified
of your claim.

"Zargon"  wrote in message 
news:1181292773.128338.279590@e65g2000hsc.googlegroups.com...
> On 8 Jun, 00:31, Mike_B  wrote:
>> In message <46688f6f$0$30325$fa0fc...@news.zen.co.uk>, Fred
>>  writes
>>
>>
>>
>>
>>
>> >My ex-wife is separating from her present husband!  She's had an offer
>> >accepted on a house and is currently living there and paying rent.
>>
>> >There is no rent book or any formal tenancy agreement.  It's been 
>> >through
>> >pure word of mouth and the only evidence she has are of cheques made 
>> >payable
>> >to the landlord / owner.
>>
>> >She's written a letter making a claim for Housing Benefit and for 
>> >Council
>> >Tax Benefit but they're now asking for evidence of her tenancy.  She'd
>> >rather the landlord wasn't aware of the claim and a mutual acquaintance 
>> >of
>> >hers and the landlord has recommended the landlord isn't told.  I don't 
>> >know
>> >why.
>>
>> >Can anyone help in what would evidence would be normally be insisted on 
>> >to
>> >prove a tenancy?  She'll soon have evidence from bills etc and a couple 
>> >of
>> >cheques but that's about it.
>>
>> >Any answers would be appreciated.
>>
>> They often request a tenancy agreement but the regulations don't demand
>> it. They simply need to know that a commercial tenancy exists. A rent
>> book and some insistence usually does the trick.
>>
>> --
>> Mike_B- Hide quoted text -
>>
>> - Show quoted text -
>
> Agree with Mike_B that the regulations don't demand a written tenacy
> agreement. Even a verbal agreement is supposedly good enough (although
> how you would "prove" it is a bit uncertain). Evidence of payment is a
> good start.
> You could buy a rent book from a stationers e.g. WH Smith - but there
> WOULD be problems if they find out you have forged it.
>
> Is there any reason why the landlord wouldn't give you a letter
> outlining the agreement between you. This is only fair really and it
> doesn't need to be connected with a HB claim. Just say you want it in
> writing like any other legally binding contract.
>
> Definately do NOT agree with Niteawk on giving a false name for the
> Landlord. If a HB claim has not recently been made at that address
> then the HB dept will take steps to find out who the legal owner of
> the property is. (they won't contact the Landlord to do this - but
> they have a very quick and accurate method of doing it)
>

Eh, another one that cant read. Thats what the OP's ex is thinking of doing, 
I pointed out that it would not take the council long to spot that one.

On 8 Jun, 17:10, "Niteawk"  wrote:
> "Zargon"  wrote in message
>
> news:1181292773.128338.279590@e65g2000hsc.googlegroups.com...
>
>
>
>
>
> > On 8 Jun, 00:31, Mike_B  wrote:
> >> In message <46688f6f$0$30325$fa0fc...@news.zen.co.uk>, Fred
> >>  writes
>
> >> >My ex-wife is separating from her present husband!  She's had an offer
> >> >accepted on a house and is currently living there and paying rent.
>
> >> >There is no rent book or any formal tenancy agreement.  It's been
> >> >through
> >> >pure word of mouth and the only evidence she has are of cheques made
> >> >payable
> >&