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Licence Agreements


martin sapsford

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Does anyone have an example of a Licence Agreement used in conjunction with LHA tenants which allows for the landlord to be paid (a) Direct or (B) Via credit union? Also any examples of agreements of sharing information with the Police, which I believe are termed as Reciprocal Police Agreements?

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Hi

LHA - and a request to pay it directly to the landlord - is completed as part of the standard Housing Benefit Form (assuming you are entitled to receive the LHA benefit directly because your tenant is deemed "vulnerable").

A licence agreement can only be used to establish a tenancy within an HMO if the landlord, himself, is RESIDENT within the property. If the landlord doesn't live at the HMO then an Assured Shorthold Tenancy must be used.

If you use a licence and you don't live at the property (which I assume you don't) ..... and you end up in Court for illegal eviction ... the Court will almost certainly rule that the licence was, in fact, an AST. In other words - if it looks like an AST, if it smells like an AST, It is an AST .. even if it says LICENCE at the top of the page!

There is also something known as an LHA "Sharing of Information" form that the tenant completes to give the landlord permission to discuss the tenants HB claim with local benefit officers ... is this the form that you are asking about?

I don't get the connection between claiming LHA and sharing information with the Police!

Hope the above helps.

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