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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice.
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Hi, Can I be prosecuted under criminal law for unlawfully

Customer Question

Hi,
Can I be prosecuted under criminal law for unlawfully subletting your home?
I have an assured shorthold tenancy agreement
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

Can you explain your situation a little more pleaase? Thanks

Jo
Customer: replied 2 years ago.

Hi,

I have an assured shorthold tenancy agreement.

It's me only on the contract.

The landlord came in the morning at &am with a lady from the council to check the home.

There was one friend of mine, I was away visiting family.

There are 6 rooms in total in the house.

The rooms were locked.

The lady from the council phoned me and said that she will prosecute me for HMO and unlawfully subletting rooms

Expert:  Remus2004 replied 2 years ago.
Are you letting to him or was he just a visitor?
Customer: replied 2 years ago.

He is a guest

Expert:  Remus2004 replied 2 years ago.
Did he have key for the front doo?. Why are the rooms all locked? Are the other rooms empty? Did you offer to show them to the council person? If not, why not?
Has anyone else ever stayed?
Customer: replied 2 years ago.

he has a key for the front door.

i prefer to have the rooms locked because my landlord came on friday without letting me know and cut off my electricity and gas supply. i called the police, i possess ref numbers from both the police and british gas for the incident.

i said the council on the phone that its ok to check i dont have nothing to worry about

yes, plenty of people have stayed over the years

Expert:  Remus2004 replied 2 years ago.
How long has he been staying there?
Customer: replied 2 years ago.

less than 3 weeks

ps. my contract states that ive got the right to have guests for up to 3 weeks

Expert:  Remus2004 replied 2 years ago.
I am not sure they can prove that he was anything more than a guest on the facts you describe.
The landlord cannot prosecute you.
It is possible that the Council could say this amounts to benefit fraud if you are receiving housing benefit and letting to another.
It is not very likely on these facts though.
Can I clarify anything for you?
Jo
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

I dont receive any benefit.

I am renting privately and I pay £2000 rent each month.

My question is regarding the council- can they prosecute me as the lady from the council said that she believes that the house is HMO as my doors have lockers and she will prosecute me

Expert:  Remus2004 replied 2 years ago.
There is an offence in renting an HMO without a licence.
But you are not renting.
A house with six separate self contained rooms would require an HMO licence in normal circumstances.
But that would seem to be down to your landlord unless, of course, you are renting.
Customer: replied 2 years ago.

thank you

Expert:  Remus2004 replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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