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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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What kind of proof would your landlord need to prove you are

Customer Question

What kind of proof would your landlord need to prove you are illegally subletting?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know is this commercial or private property?
JACUSTOMER-2ovczco3- :

its a council flat

JACUSTOMER-2ovczco3- :

legally can I request to see what they have on me before I attend the interview?

Alex Watts :

No.

Alex Watts :

All they need to show is that on balance you are subletting, so it is more likely than not

Alex Watts :

It may be that once proceedings are issued, you can ask for disclosure of certain documents.

Alex Watts :

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

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-2ovczco3- :

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

JACUSTOMER-2ovczco3- :

what is the likelihood i'll get a criminal record from this?

Alex Watts :

Ok - but he was only staying with you

Alex Watts :

And no, you would never get a criminal record

JACUSTOMER-2ovczco3- :

the council are claiming I will

JACUSTOMER-2ovczco3- :

if this goes to court

Alex Watts :

Even if it goes to Court you wont get a criminal record.

Alex Watts :

They will just get possession

Alex Watts :

Unless they launch criminal proceedings if you have been subletting

JACUSTOMER-2ovczco3- :

whats the worst they can do?

Alex Watts :

Then instead of on balance, they would need to show beyond reasonable doubt

Alex Watts :

I assume your friend does not have any substantial belongings there?

JACUSTOMER-2ovczco3- :

no none

JACUSTOMER-2ovczco3- :

a backpack if that

Alex Watts :

Ok - why was he there when you were at work?

JACUSTOMER-2ovczco3- :

and his moved on

Alex Watts :

Ok - why was he there when you were at work?

JACUSTOMER-2ovczco3- :

he was asked to crash at my place for a few nights which turned to a few weeks

JACUSTOMER-2ovczco3- :

its only a bedsit its not possible to have subletted

Alex Watts :

Ok - but you were still living there?

JACUSTOMER-2ovczco3- :

he asked to stay a few nights which turned to 6 weeks

JACUSTOMER-2ovczco3- :

yes

Alex Watts :

Ok - then I dont think you have everything to worry about

JACUSTOMER-2ovczco3- :

I've lived there for 10 years now

Alex Watts :

Explain this to the Council

JACUSTOMER-2ovczco3- :

I did

Alex Watts :

If it does go to Court then you can call him as a witness to help you

JACUSTOMER-2ovczco3- :

still given me a notice to quit

Alex Watts :

As I said, the Council have to show beyond doubt you were subletting

Alex Watts :

Yes.

Alex Watts :

But again with civil proceedings they need to show on balance you were

Alex Watts :

You really need him to give evidence for you

JACUSTOMER-2ovczco3- :

what constitutes as beyond doubt? payment?

JACUSTOMER-2ovczco3- :

his gone travelling

JACUSTOMER-2ovczco3- :

that's y he was on my sofa

Alex Watts :

Payment, belongings, possessions there etc

Alex Watts :

Well if he does not give evidence for you, that does not help you

Alex Watts :

If he was a friend then you must be able to get in contact ie, text, email, facebook

JACUSTOMER-2ovczco3- :

I can contact him via email

Alex Watts :

Ok - I would

Alex Watts :

He can provide a statement supporting you

JACUSTOMER-2ovczco3- :

okay thanks

JACUSTOMER-2ovczco3- :

in the mean time should I attend the meeting with the counsil

Alex Watts :

Yes I would.

Alex Watts :

Be honest

Alex Watts :

tell them what happened

JACUSTOMER-2ovczco3- :

with or without legal representation

Alex Watts :

If its under caution you can take a legal rep

Alex Watts :

Can I clarify anything about this for you today please?

JACUSTOMER-2ovczco3- :

thank that will be it for now

Alex Watts :

Great. Can I help with anything else today?

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