Illegal sublet? Stolen Property?

robpw2

surely the council would be intrested in subletting make a call and ask they could have them kicked out as she would be moving a partner in , will she declare this to council ... im guessing not

neverdespairgirl

MrsTine wrote: »

Gaining access to any property she is not either on the tenancy agreement or mortgage for is "BREAKING AND ENTERING"...

It's not. Breaking and entering as a criminal offence went in the 1960s! It was replaced by a similar but different offence of burglary in the Theft Act 1968. Criminal damage could also apply in some circumstances.

Ian_Griffiths_Halifax

So ndg, in your opinion, would the OPs sister be committing any 'Criminal Damage' by forcing entry into what is technically her home?

neverdespairgirl

I don't know enough about the precise circumstances to say. I think it might well be unwise, though.

Ian_Griffiths_Halifax

neverdespairgirl wrote: »

I don't know enough about the precise circumstances to say. I think it might well be unwise, though.

Or don't get caught.

brummybloke

contact a solicitor, costs money and time, result = the other person has got rid of the stuff and your sister is left with the bill.
contact the council, they may cytex the flat and recover the property as no doubt the girl on the rent book owes rent, they will keep the property or keep it for some tim until the matter is resolved.
contact the police who will tell you it is a civil matter as it is a dispute between landlord and tennant

or, forgetting all of the above, which is not going to get your sister her stuff back, go armed with all docs and receipts. inform any neighbour who may be startled at the sound of either a drill going through the lock, a door being eased open with force or a window pane being broken. this stops them phoning the police saying a burglary is taking place.
gain entry using the least amount of damage and collect only the things she can definately prove are hers.

if worse comes to worse and she gets arrested for burglary, her defence is that she honestly believes she is entitled to the property. getting arrested and getting charged are a million miles apart.

the chances of being done for any kind of criminal damage is also practically zero as using the above reason as long as she has her 'evidence'.

theory and practice are seperate things, either you want results or you can go down the 'google solicitor' route.

tbs624

brummybloke wrote: »

contact a solicitor, costs money and time, result = the other person has got rid of the stuff and your sister is left with the bill.
contact the council, they may cytex the flat and recover the property as no doubt the girl on the rent book owes rent, they will keep the property or keep it for some tim until the matter is resolved.
contact the police who will tell you it is a civil matter as it is a dispute between landlord and tennant

Depends on the *full facts* of the situation - obtaining by deception and/or fraudulent misrepresentation, say, are criminal offences, not civil matters - the OP's sister is not a tenant and the true tenant is not a LL .

Add to that the possibility of any HB fraud issues: how do you know that HB/LHA claims are not made in respect of the tenancy at this property & if there is fraud, that the OP's sister did not collude with this tenant in any way?

brummybloke wrote: »

.... or, forgetting all of the above, which is not going to get your sister her stuff back, go armed with all docs and receipts. inform any neighbour who may be startled at the sound of either a drill going through the lock, a door being eased open with force or a window pane being broken. this stops them phoning the police saying a burglary is taking place.
gain entry using the least amount of damage and collect only the things she can definately prove are hers.

:rolleyes: Yep, because a tenant who behaves in the way that the OP has described this one as doing will sit there calmly whilst all this is going on on behalf of the OP's sister , won't they? Bit of free evening entertainment for the neighbours - beats watching East Enders, I guess.

brummybloke wrote: »

if worse comes to worse and she gets arrested for burglary, her defence is that she honestly believes she is entitled to the property. getting arrested and getting charged are a million miles apart.

the chances of being done for any kind of criminal damage is also practically zero as using the above reason as long as she has her 'evidence'.

:rolleyes: In your opinion - have you a good track record of Mags Court representation?

Let's also mention an on the spot fine for ASB as another distinct possibility...

brummybloke wrote: »

...either you want results or you can go down the 'google solicitor' route.

Depending on the "result", the OP and his/her family may well need to go down that route - but via a pay phone call from a cosy cell down the local nick.

geoffky

maybe the sister want a matching pair of taggs?

Andy_Hamilton

Go to the house, get them to speak through the letter box if that al they will do.Tell them you want the stuff back and you will not go to the council for illegal subletting.
Tell them a front door key and a rent book will be all the proof the council will need for them to be out on there !!!!.
Also mention you have the receipts for the stuff and you will go to court.
Most of that is completely lies as some councils will allow lodgers if they are approved to do so.

Once you get the stuff back go to the council and tell them that they had a lodger (preferably with some more proof) and if they are on benifits shop them.Karma!!

PasturesNew

She might cite this thread as part of her police statement.
Does that make you lot an accessory to the fact?

*sniggers*

My 4rse is covered in my posting

I'll send out cakes with files in ... brb .. off to the Old Style Cooking Board see if they've got cake/file recipes. There are some right dodgy characters over there, it's bound to have been requested/posted before now.