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its a council flat
legally can I request to see what they have on me before I attend the interview?
All they need to show is that on balance you are subletting, so it is more likely than not
It may be that once proceedings are issued, you can ask for disclosure of certain documents.
But at this stage, this is not a criminal matter, it is civil - therefore the same rules do not apply for disclosure until proceedings have been issued
Therefore even if it only went to Court they would need to convince a Judge on balance (more likely than not) that you had sublet the flat
Can I clarify anything for you about this today please?
what kind if proof would they need? at the moment they are saying I'm subletting but I'm not they have come round 3 times and I was at work and my friend who was sofa surfing opened the door
what is the likelihood i'll get a criminal record from this?
Ok - but he was only staying with you
And no, you would never get a criminal record
the council are claiming I will
if this goes to court
Even if it goes to Court you wont get a criminal record.
They will just get possession
Unless they launch criminal proceedings if you have been subletting
whats the worst they can do?
Then instead of on balance, they would need to show beyond reasonable doubt
I assume your friend does not have any substantial belongings there?
a backpack if that
Ok - why was he there when you were at work?
and his moved on
he was asked to crash at my place for a few nights which turned to a few weeks
its only a bedsit its not possible to have subletted
Ok - but you were still living there?
he asked to stay a few nights which turned to 6 weeks
Ok - then I dont think you have everything to worry about
I've lived there for 10 years now
Explain this to the Council
If it does go to Court then you can call him as a witness to help you
still given me a notice to quit
As I said, the Council have to show beyond doubt you were subletting
But again with civil proceedings they need to show on balance you were
You really need him to give evidence for you
what constitutes as beyond doubt? payment?
his gone travelling
that's y he was on my sofa
Payment, belongings, possessions there etc
Well if he does not give evidence for you, that does not help you
If he was a friend then you must be able to get in contact ie, text, email, facebook
I can contact him via email
Ok - I would
He can provide a statement supporting you
in the mean time should I attend the meeting with the counsil
Yes I would.
tell them what happened
with or without legal representation
If its under caution you can take a legal rep
Can I clarify anything about this for you today please?
thank that will be it for now
Great. Can I help with anything else today?