I moved into a council property which was in someone else's name and they agreed I could stay there if I paid the rent. Do I have any rights ?

If the landlord knows about you and has agreed to you living there with the tenant then you may have the same rights as the tenant, if the tenant leaves. The landlord will have to recognise your rights to the property.

 

If the tenant is also living in the property with you and you are a lodger, the tenant does not need the landlord's permission for you to be there. You will be regarded as a lodger if the tenant provides services such as cleaning or changing bed linen and there is an agreed period of time for you to stay. If you are simply visiting and have been allowed to stay for a short period of time on an informal basis you will be regarded as a licensee. You will have no rights as the tenant can simply ask you to leave.

 

If the tenant has sublet part of the property to you then the letting may be enforceable. If it was made after 1st January 1989, but before 28th February 1997 it may be regarded as an assured tenancy. If it was made after 28th February 1997 it is likely to be an assured shorthold tenancy.

 

However, if the tenant did not have permission from the head landlord, (for example, council or housing association etc.) to let the property in the first place then your accommodation will not be safe. Security of tenure of the tenant is lost by the subletting and the head landlord can therefore take possession proceedings against the tenant. The head landlord may be able to then take separate proceedings against you in respect of the sub-tenancy.

 

However, if before possession proceedings the tenant surrenders the tenancy, (other than by notice to quit) it could be argued that your status is raised from a subtenant to a tenant once the head landlord accepts the tenant's surrender. However, you would still need to show that the original sublet was let and occupied by you as a separate dwelling from that of the tenant.