How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69360
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

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, Barrister
Category: Property Law
Satisfied Customers: 69360
Experience: Over 5 years in practice.
Remus2004 and 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’

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions