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Tenancy fraud
yetanotherAE_2
Posts: 10 Forumite
Please help, I am completely freaking out. Just had a call from the tenancy fraud investigation team asking for a meeting next week and saying that they are investigating me.
The background is, me and my husband lived in a council property until last year. We went through a really tough time, which was exacerbated by some local yobs who shouted at my husband and damaged his car. The council didn't help, so we decided that he would get a different house (private rented) and we would all move to try to make things better, but I was nervous about giving up the flat as I didn't know whether we would stay together. My sister had just got married and was struggling to find somewhere to live with her husband, so asked if they could move in. To make sure there wasn't a problem, we went to the local housing office to ask for advice about changing the tenancy into her name and were told this wouldn't be possible until she'd lived there for a year and that she could move in but wouldn't be entitled to housing benefit and I would still be on the tenancy agreement and therefore liable for any missed rent, etc.
She's now been living there for almost 10 months and I've had a call out of the blue today saying it's being investigated as tenancy fraud as she's not paid council tax. Google tells me I could get a fine or 2 years in prison if found guilty! I don't understand how it can be fraud though, I told them what we were doing and no one raised an objection, she's been paying them the rent directly and I've made no money from this. I've been paying council tax at the new property in my name since moving in and none of us receives housing benefit. I'm really freaking out now - I have a young daughter and couldn't work in my profession with a conviction, what is going to happen to us? I'm so scared, I thought we'd done everything by the book. I have bipolar disorder and suffer with anxiety at the best of times so this has been a big shock.
The background is, me and my husband lived in a council property until last year. We went through a really tough time, which was exacerbated by some local yobs who shouted at my husband and damaged his car. The council didn't help, so we decided that he would get a different house (private rented) and we would all move to try to make things better, but I was nervous about giving up the flat as I didn't know whether we would stay together. My sister had just got married and was struggling to find somewhere to live with her husband, so asked if they could move in. To make sure there wasn't a problem, we went to the local housing office to ask for advice about changing the tenancy into her name and were told this wouldn't be possible until she'd lived there for a year and that she could move in but wouldn't be entitled to housing benefit and I would still be on the tenancy agreement and therefore liable for any missed rent, etc.
She's now been living there for almost 10 months and I've had a call out of the blue today saying it's being investigated as tenancy fraud as she's not paid council tax. Google tells me I could get a fine or 2 years in prison if found guilty! I don't understand how it can be fraud though, I told them what we were doing and no one raised an objection, she's been paying them the rent directly and I've made no money from this. I've been paying council tax at the new property in my name since moving in and none of us receives housing benefit. I'm really freaking out now - I have a young daughter and couldn't work in my profession with a conviction, what is going to happen to us? I'm so scared, I thought we'd done everything by the book. I have bipolar disorder and suffer with anxiety at the best of times so this has been a big shock.
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P.S. I know there are going to be people who disagree with transferring a council property to another person, and you're perfectly entitled to feel that way. In all honesty, I hadn't really considered it from that perspective until this afternoon's frantic reading and googling. All I can say is that she was in genuine housing need and I thought we'd acted legitimately, although that all seems very naive now, we all make better decisions in retrospect.0
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yetanotherAE wrote: »P.S. I know there are going to be people who disagree with transferring a council property to another person, and you're perfectly entitled to feel that way. In all honesty, I hadn't really considered it from that perspective until this afternoon's frantic reading and googling. All I can say is that she was in genuine housing need and I thought we'd acted legitimately, although that all seems very naive now, we all make better decisions in retrospect.
Get legal advice, possibly go to citizens advice. I doubt you will go to prison, but transferring a council house to somebody else without permission was not the right thing to do.
Also, please cut out the I am a victim excuses!0 -
My interpretation of this advice is that it would be OK for your sister to live there with you for a year, and then apply to take over.yetanotherAE wrote: »..... and were told this wouldn't be possible until she'd lived there for a year and that she could move in but wouldn't be entitled to housing benefit and I would still be on the tenancy agreement and therefore liable for any missed rent, etc.
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Not that you could move out and sub-let the flat, which would be in breach of your tenancy agreement.
It also seems strange to me that you found the place so tough that you had to move out, yet you were happy for your sister to put up with the 'yobs'.....0 -
you was sub letting you will lose the house warn your sister!
The 12 month transfer rule only works if you live together for 12 months.0 -
I agree that you need some legal advice. What you have done is unlawfully let your council house.
When they said that your sister could live with you and then after a year they would consider transferring the tenancy meant exactly that. Not that you could move out and they could move in.
Why hasn't the council tax been paid?0 -
As already said by others your sister had no rights to sole occupancy, you were required to also live there as the tenancy is in your name. You have unlawfully sub-let a council property, the council tax would still be in your name so you are also liable for that.
Your sister will need to start looking for a new property because in situations like this the council will take the flat back.
You need legal advice!0 -
pmlindyloo wrote: »I agree that you need some legal advice. What you have done is unlawfully let your council house.
When they said that your sister could live with you and then after a year they would consider transferring the tenancy meant exactly that. Not that you could move out and they could move in.
Why hasn't the council tax been paid?
I've just spoken to my sister and she says she received no letters (the council have said this was an error on their part) and she didn't realise she had to pay as this is the first time she's rented. She's happy to pay the council tax and is making arrangements to do so.
I realise now that they probably meant she could move in with me as you're saying, but this was honestly never made clear during one face to face meeting and at least 2 emails. I'm now trying to recover all correspondence to triple check what exactly was said on both sides.Get legal advice, possibly go to citizens advice. I doubt you will go to prison, but transferring a council house to somebody else without permission was not the right thing to do.
Also, please cut out the I am a victim excuses!
I don't think I'm a victim, I think I've been incredibly stupid. I will give CAB a call and see if they're able to help.My interpretation of this advice is that it would be OK for your sister to live there with you for a year, and then apply to take over.
Not that you could move out and sub-let the flat, which would be in breach of your tenancy agreement.
It also seems strange to me that you found the place so tough that you had to move out, yet you were happy for your sister to put up with the 'yobs'.....
The yobs targeted my husband specifically because of his appearance, which was not an issue for my sister.
I think your interpretation of the advice is probably correct though, I've been very stupid.0 -
As already said by others your sister had no rights to sole occupancy, you were required to also live there as the tenancy is in your name. You have unlawfully sub-let a council property, the council tax would still be in your name so you are also liable for that.
Your sister will need to start looking for a new property because in situations like this the council will take the flat back.
You need legal advice!you was sub letting you will lose the house warn your sister!
The 12 month transfer rule only works if you live together for 12 months.
I have warned my sister of what's happened and will help her as much as I can. She's being very supportive as she went to the initial meeting with me and knows what advice we were given. I will do my best to ensure she doesn't suffer as a result of my idiocy.0 -
I also didn't think I was subletting as I didn't receive any rent, etc and wasn't acting as a landlord. We've never hidden what we did and it's been her they met for inspections, etc. On further reading I now realise that this is probably how it will be seen. Can it be fraud if there was no intent to deceive or money received?0
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I find it hard to understand how your sister didn't know she needed to pay council tax. Has she cleared the arrears now?0
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