Q I took over part tenancy of a friend’s house.
I claimed rent and council tax benefits for the parts of the property I used.
In 2005 my friend decided to move in and I informed the local authority of this change.
For the next four years the council has been unable to give us with a proper council tax bill – just for the full amount of tax for both of us disregarding my benefits completely.
Now we’ve been informed the council has reduced my status from that of a tenant to a lodger. Can they do this?
A Converting the relationship to landlord and lodger is probably the right thing to do.
This means that the council tax is payable by the owner alone but he can charge you a reasonable portion of it.
The council can take this length of time to deal with this but the delay seems unreasonable. Complain to your councillor and head of the finance department at the local authority.
Neighbour causes upset
Q I am in rented accommodation but my neighbours have bought their house.
We live in a close and they’ve started to pick on me and my family. I have been to the housing and the police to no avail. I have photographic proof of what they do.
I have asked housing to move me to another house because I feel someone will get hurt before anything is done.
A You should keep on at the housing department as your rights as a tenant are being infringed.
You also have the right to seek a court order by the sheriff demanding the neighbours stop acting in a nuisance or damaging way.
If they fail to obey they can be fined or imprisoned. It sounds as if the local authority should be giving them an Asbo. Your solicitor can support you in dealing with them.
Fears over dad’s assets
Q My father died in November. Because of an old argument, I only found out in late December.
I have not been told of any will, and I am told my mother has been transferring assets into her name. I am an only child. Is there any way I can prove my mother emptied my father’s accounts?
A Even if not mentioned in a will, or if there is no will, you have a legal rights claim as a child.
You are entitled to know what was in the estate, and if you think money was transferred without your father’s consent before he died, you can technically sue your mother.
However, you’d need to prove your father could not have willingly handed over the cash himself, and that may be difficult.
Landlord may be right
Q I’m an OAP and asked my social landlord if I could change my flat insurance. I was told that as the landlord is my factor I must stay with the nominated insurer.
A That’s correct. It will specify this in your tenancy agreement but if you are unsure, have a lawyer look at it. You may be entitled to legal aid for this consultation.
- Do you have a legal problem? Write to Austin at Evening Times Features, 200 Renfield Street, Glasgow G2 3QB or e-mail him at news@eveningtimes.co.uk (putting Austin Lafferty in the subject field). It’s the Law, by Austin Lafferty (Tottel, £9.99) is now on sale.
