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Threatening letter from the council, can I be prosecuted?

Hello

I know this is not going to make me sound good, but I’ll ask anyway

I am European, moved to the Uk last October and I found a room in a council flat. Turns out the flat is owned by the Council and yesterday I received a letter from the council saying I need to move out as the landlady is actually a council tenant and isn’t allowed to rent the place out.

Fact is, I didn’t know anything about it as I’m new to the UK, I thought the flat was the landlady’s property. The only thing she told me is I can’t ask for benefits, which I was fine with it. How am I the one to be prosecuted and not the landlady? The letter states I’ll get a fine and 5 months in jail??

The previous housemates (also staying in without a contract) moved out and I am sure they gave my name and surname to the council as unfortunately we fell out and they were very nasty and vindictive

I’ll move out of course, but can I realistically be prosecuted? I don’t want a criminal record as that will compromise future job search

Thank you
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Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who is the letter from and what does it actually say.


    I think someone is playing games with you to be honest. No one can actually say that you will be fined, or jailed.


    Keep everything in writing.... and keep copies
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • It doesn't sound right. I would also question where it's coming from. Is it possible your ex-housemates are playing a trick on you?

    It sounds like you have done nothing wrong. If the landlady was subletting illegally she'd be in trouble not you.
  • kingstreet
    kingstreet Posts: 39,277 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This is really the wrong forum for this issue.

    Post it on Home Buying Renting & Selling where it will get more views.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • brightonman123
    brightonman123 Posts: 8,535 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    the landlady may well have her own tenancy terminated, or a fine.. best tell council your situation, show any paperwork re your stay (advert? lodging agreement? that will help them with action against the LL). you might get help to find elsewhere..
    Long time away from MSE, been dealing real life stuff..
    Sometimes seen lurking on the compers forum :-)
  • Foxy-Stoat_3
    Foxy-Stoat_3 Posts: 2,980 Forumite
    At worst you have an authorised tenancy, as long as you keep paying the rent to the owner, not the Landlord you will only have to move out after a court tells you to.

    Speak to the council first and take your tenancy agreement that you hopefully received and go from there....just spotted you did not receive a contract...start looking for another place to live!

    You will not go to jail !
    "Dream World" by The B Sharps....describes a lot of the posts in the Loans and Mortgage sections !!!
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Welcome to England :hello:

    Here's a good charity who provide advise with housing issues:
    http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline
    Changing the world, one sarcastic comment at a time.
  • sentry
    sentry Posts: 11 Forumite
    edited 12 March 2015 at 2:12PM
    It doesn't sound right. I would also question where it's coming from. Is it possible your ex-housemates are playing a trick on you?

    It sounds like you have done nothing wrong. If the landlady was subletting illegally she'd be in trouble not you.

    I just checked, the letter is actually very different from the other council letters I have seen come through the door addressed to the landlady. The envelope was also totally different.


    It says that 2 neighbours “reported me”, but I only chatted to 2 neighbours and I introduced myself with an anglicized form of my name, as my name is Eastern European and very difficult to pronounce for people here. I am pretty sure they don't even remember my anglicized name. My ex housemates (Chinese couple) are the only ones who know my name and surname, because they have seen my post come through the door

    The Chinese woman already tried to call the police as some minor verbal argument we had when living together. Police never even showed up, she probably said it just to scare me.

    I googled the name, phone number of the sender and nothing comes up. The postcode of the council doesn’t even exist, according to Google ?????

    So this letter is fake then???
  • sentry
    sentry Posts: 11 Forumite
    Just to be on the safe side, is there any link that explain what would happen?
    I can only find links on Google talking about the consequences for the council tenants, not for the sub-renters/lodgers like me in this case
  • sentry wrote: »
    I googled the name, phone number of the sender and nothing comes up. The postcode of the council doesn’t even exist, according to Google ?????
    So this letter is fake then???

    It sounds very suspicious indeed.Have you tried calling the number on that letter?
  • Foxy-Stoat_3
    Foxy-Stoat_3 Posts: 2,980 Forumite
    Look at the shelter web site. Lodgers have less rights than tenants. You may be a tenant or a lodger if you are the only person left in the house.
    "Dream World" by The B Sharps....describes a lot of the posts in the Loans and Mortgage sections !!!
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