Tenancy fraud

yetanotherAE_2

fairy_lights wrote: »

I find it hard to understand how your sister didn't know she needed to pay council tax. Has she cleared the arrears now?

She only found out when they contacted her today, but will be clearing the arrears as soon as possible. I find it hard to believe too, but she's a very truthful person and I believe would give both me and the council an honest answer.

[Deleted User]

It seems to me that you are only back where you would have been if there had been clearer communication at the start:

The council can't/won't rehome you, you had to get a privately rented house (as you have done).
The council can't/won't home your sister, she'll have to get a privately rented flat or house too.

The council will probably want the house back, since you aren't living there any more, and they will have someone higher up the list than your sister. I don't know how likely it would be that they'd take any further action as long as you and your sister were co-operative.

This report suggests local authorities main concern is just to get the house back.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/118463/tackling-social-housing-fraud.pdf

Good luck. And get legal advice.

CIS

You have unlawfully sub-let a council property, the council tax would still be in your name so you are also liable for that.

The council tax will go in the name of the occupier of the property (legal occupation isn't a requirement of this) but only once the council have actually been advised of the occupancy situation.

pyueck

yetanotherAE wrote: »

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.



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.



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.

You do know it's you that is liable for the council tax don't you as legally you still rent the property.

CIS

You do know it's you that is liable for the council tax don't you as legally you still rent the property.

Not if they are living elsewhere as their 'sole or main residence' and someone else is resident in the property as their 'sole or main residence'. In that case the person living in the property is liable for the council tax.

ladymdg

There should be a clause in your tenancy that says something along the lines of " you must occupy the property as your only and principle home" which you haven't been and "you must not sublet the whole of the property" which you have.

In this instance I think the council is right and you won't have much to challenge them with regardless of whether or not the above was stated during the meeting as I would assume the Housing Officer would have expected you to have read your tenancy agreement and to have been aware of its terms.

I suspect that if you have been contacted by the tenancy fraud dept, that they will already have a case with the evidence required to take it to court but are contacting you to see if you will surrender the tenancy and not have to make them take you to court. But it will be beneficial to you if you are open with them.

If you have a secure tenancy, it's actually a criminal offence so you could be prosecuted and lose the property.

Shelter and CAB have lots of useful information

Good luck x

stator

You definitely need a lawyer

I recon there's a good chance they won't take it to court if you vacate the flat quickly, but you definitely need professional advice.

atrixblue.-MFR-.

What I would do is say to your sister that its more than likely the council will start the process of terminating your tenancy at that property, and the likely hood of losing the property is a given to happen.


I would advise to mitigate things and make things easier is that I would contact the housing officer for the area and come to an agreement of something that would allow your sister time to pack up. As you have vacated, they could see your sister as a squatter, and have the locks changed whilst she is out to prevent entry and secure the property in the eviction and recovery process.


I would find the money to pay off the years arrears, to prevent future headaches.

gazter

Have you admitted to the Council that you no longer live at the property? Are you still getting any kind of correspondence at the property, are you paying any bills in your name?

eadieb

You need a housing advice agency charity. My understanding is that if you have broken your tenancy agreement rules e.g subletting, then they could go to court to prove eviction but would need evidence of your sub letting and may not want to bother with the costs and time to do this if you willingly surrender the tenancy.

You need to look up the definition of subletting

If you did not sub let your property and did not break any rules in your tenancy agreement, then I recall tenancy law about this issue, relates to your intention to return to the property. If you left your belongings and furniture in the property and had an intention to return, then you can have who you want to stay in your home as long as they dont cause a nuisance.

From what you said it does not seem like you had any intention to return if you completely moved out and took everything.

your sister may well become homeless as she will have permitted occupier status, and will risk being found intentional homeless if she presents to the local housing department. Depends on what happened in her previous settled accomodation. if she voluntarily left a private rented tenancy without very good reason then it will be deemed her fault for putting herself into insecure housing.