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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9348
Experience:  I have been practising for 30 years.
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I have been accused of a friend who was staying with me that

Customer Question

Hi I have been accused of a friend who was staying with me that I had been subletting my council flat to her and now council is starting an investigation but I haven't sublet. .what can I do
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Why did your friend make the accusation?

Was she just staying with you and were you are staying in the property at the same time?

May we have the detail please?

Customer: replied 1 year ago.
She accused me because I wanted her out and she just wouldn't leave..then I caled the police and they took her out...but prior to what happened I lent her around £5000 about 3 yrs ago and she never paid back because she said she was having a difficulty financially so I said to her when u can I want the money so we were still friends.about 4 -5 months ago she wanted to come and stay with me in my 1 bed council flat for weeks as she was getting g thrown out by the land lord where she was staying so I said come and we sort a place out for you so she was staying with me .but in the mean time I made up a story to her that I was in rent arrears by £3500 and I pretended to her that it was stressing me out that I could get evicted if I don't pay it at a certain time to see if she would help me pay ..I did this because she owed me money that I worked hard for and when I told her she told me she couldnt give me all of it so I said can u give me £1000 and she said I can give you £900 every month ..so I said ok just to get my money back..she told me to promise her that I wont tell her brother or family that she borrowed money from me because her family relation broke up because of the debt that she left to them back in her country in Turkey. .so I said ok just to get my money even though it was gonna be paid slowly..so she believed that i was in rent arrears and felt ashamed that she hasn't Paid me back what she owed for 3 yrs so she started transferring me £900 every month for the past 4 months in to my bank account ..but during her stay I couldn't always be there as I am a full time carer for my mother so I trusted her ..but that few weeks stay she said she will stay with me turned out to be more than 4 months ..and during this time every month I reminded her through texting if I couldnt talk if she paid the rent for me because as she was aware she was paying me what she owed me for my rent arrears so she carried on paying me ..then things started to change because she just kept making excuses about everything like oh it's too expensive to rent private etc and that she can't afford it and that because of her ways now her brother wants to live with her where they can be in the same house so he can watch her and that but she didn't want that because of her freedom so I told her maybe you should live with him for a while and then move back to a room where you can rent which is cheaper ..anyways then her brother was coming and going sometimes staying there when I am with my mum and this started to be regular ..then a few times I came home she is there with a different man so I started not liking it ..I tried to keep her sweet tried to look for a place for her and her brother through friends and family for cheap but every time I sent them to these places to view they never turned up making excuses that it was either too small for both of them or just any excuse not to leave. .then I starTed finding my mails opened in her bag and I kept it quite until a few days later which was around 4 weeks ago she came home with another man and wanted to bring him in so I went angry and told her she couldn't and that this was it I am not having her there and that she has to leave ..she went crazy and starTed arguing with me and telling me you can't make me leave I leave when I am ready so I called the police and told them that she won't leave and she turned around to me and said we'll ok if that's the case I am calling the police as well and I am going to tell them that you are my landlord and I have been paying you rent and I can prove that too she says ..I said I am not scared of anything go ahead ..so when the police arrived she starTed saying she is my landlord and she is throwing my staff out etc..so I explained to the police that she was my friend I helped her out by allowing her to stay with me for few weeks and she just wouldn't leave..anyways police got her out ..but now the council has called me up and they are coming tomorrow to interview me as there have been an allegation that I have been subletting my property and that they are going to investigate this matter..I haven't done anything illegal as I explained I just wanted to help her but she turned nasty on me ..I am reallyworried now ..
Customer: replied 1 year ago.
Because I have sent her a message regarding rent and she has been transferring money in to my account ..but that was purely to get my money which she belived that I had arrears in my rent. .
Customer: replied 1 year ago.
She betrayed and used me as a friend..now I don't know what to do..I don't want to lose my house over this..pls tell me what can I do?
Customer: replied 1 year ago.
Will they beleive me ..?
Expert:  F E Smith replied 1 year ago.

Presumably, you can prove that you lent her £5000 3 years ago with the bank statement or suchlike. Then, it would be easy enough to prove that if she gave you £3500, in was a lump or over a period of time and that you had to lie to her to get the money back because she had not paid you over the last 3 years

Provided you can prove £5000 loan and she cannot prove that she paid that £5000 and this £900 per month was in respect of rent, then all well and good.

The problem is being a full-time carer for your mother and not being in the property and its those periods of absence which can be problematical. Of course, the local authority may take the view that this was rent which he paid and not repayment of the £5000 and that she still owes you the £5000! It wasn’t a good idea to make the rent arrears story up.

However if there weren’t any rent arrears, that does support your case.

There is nothing wrong with having someone stay with you in your council house. However you’re not allowed to have a lodger unless the local authority agree. It comes down therefore to whether the £900 was repayment of the £5000 whether it was rent. That will depend on the evidence you have with regard to the loan.

The fact that the police were called assists you because if she is a tenant that you are subletting to you cannot get her out without a court order and the police would not get involved. That is why she has come up with this story later on to try to drop you in it it seems.

What you need to have is proof that this is your only address and invite them to interview your mother to confirm the limited number of times that you stay with her.

Make sure that you have your bank statements ready to fill the £5000 loan. Although you sent the text saying you were in arrears of rent, the local authority will know that was a lie because you were not in arrears of rent I assume.

If they are coming to interview you at the house, they will be looking for signs that someone else has been living in the property. If they were really serious with this, they would be asking you into the council offices for an interview under caution. However you need to treat this as seriously as you possibly can. Be as helpful as you can but don’t volunteer anything, just answer the questions.

Can I clarify anything for you?

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We can still exchange emails.

Best wishes.

FES.

Customer: replied 1 year ago.
I didnt give her 5000 in one go it all added to this over a time
Customer: replied 1 year ago.
I finish work at 2 and would like to talk with you is that ok I don't mind paying you extra
Expert:  F E Smith replied 1 year ago.

You just need proof of all the money that you’ve let her have.

I will submit and premium services proposal for you which you need to accept. You can then give me your private contact details in the private con tact details section and I can ring you after 2 PM

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello I'm still waiting for you to call me pls
Expert:  F E Smith replied 1 year ago.

I need your telephone number in contact details please

Expert:  F E Smith replied 1 year ago.

I have to leave the office at 1645 will be available on the number which I gave you, until 5 PM on the afterwards, from 7 PM until late.