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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70183
Experience:  Over 5 years in practice.
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After sharing my council flat with my brother and his girlfriend

Customer Question

After sharing my council flat with my brother and his girlfriend they failed to pay the money I gave them to pay the rent and have changed the locks so I cannot access the property. Now the council are saying I was sub-letting and want to prosecute me even though my brother and his girlfriend are still occupying the flat. Where do I stand please
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you tell the council they were there?
Customer: replied 3 years ago.

I would like to add I am the brother in law of this person trying to help......As far as I am aware they all went to the council to ask permission and was granted it. whether there is any written proof or not I am not sure

Expert:  Remus2004 replied 3 years ago.
OK. Thanks.

Did you tell the council that they were there?

Were they named on the agreement?
Customer: replied 3 years ago.


I don't know if they were named on the agreement


 

Expert:  Remus2004 replied 3 years ago.
Ok. Thanks.

The Council are saying that you are subletting to them. You clearly deny that and your account would amount to a defence.

Obviously if you were subletting then that would be unlawful as nobody can sublet social housing.

You say that you are not subletting but just letting them occupy with you and they have excluded you effectively. If that is right then that is not subletting.

This is really a simple dispute over fact.

The truth is that they could prosecute you. The real question is whether they would succeed or not anyway rather than whether they would prosecute.

To succeed they will have to prove subletting. The Court would look at all the evidence in the case. If you reported them being there then that will be helpful. If there is no sign of your living elsewhere then that would be useful. If there is any evidence that you've taken money then that will be damaging obviously

I imagine your brother probably isn't going to give evidence in their favour anyway though.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


My sister in Law did often stay at her boyfriends but in the same town 5 mins away Does that warrant living elsewhere?

Expert:  Remus2004 replied 3 years ago.
Not really. Not unless that was her primary address.
Remus2004 and 2 other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’

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