Threatening letter from the council, can I be prosecuted?

sentry

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
The landlady has flown abroad on Monday for holiday, I emailed her last night but no reply, she doesn't check emails often when abroad


Thank you

stator

Same thread here:
https://forums.moneysavingexpert.com/discussion/5196027

sentry

stator wrote: »

Same thread here:

yeah the other poster advised I post on here too

csnann

If you are not the tenant, you can't be prosecuted as you are not the one the council has a contract with. You might be evicted, though.

ruggedtoast

You won't get a criminal record. Contact Shelter if you want more advice.

Poppie68

The council will be looking to evict you , but as you had no contract with them they can't prosecute you...It's the landlady who will be prosecuted, just supply them with any info they require. You will save yourself a lot of stress and hassle by looking for somewhere else as soon as possible.

trevormax

from what you say on your other thread, the letter seems to be a fake. However, you are not really clear on the arrangement you have with your landlady.

Do you live in the flat with the landlady (lodger) or does the landlady live somewhere else (tenant). If the landlady doesn't live with you then there is the issue of tenancy fraud possibly being committed by the landlady (which could result in you having to move) and also council tax issues which could come back to bite you in the !!!!.

If you are a lodger, then I doubt you have anything to worry about.

sentry

I will be a lodger because the landlady told me she will move in after her holiday. She said she was living in the property before I moved in and she'll move back in herself

Yes, letter is fake. The Chinese people sent it to scare me. Crazy.

Poppie68

He sounds like a tenant as he mentioned sharing with two others who have now left...
OP if the letter was fake but the flat is Council owned your landlady is illegally sub-letting...That's why she didn't want you to claim Housing benefit etc at that address. It will eventually all come to a head and you will be dragged into an untenable situation...Start looking for a new place now while you have no time constraints and after you have secured a new place contact the Council to inform them of the sub-letting.

45002

stator wrote:

Same thread here:
https://forums.moneysavingexpert.com/discussion/5196027

sentry.Much easier to stick to one thread

sentry wrote:

I will be a lodger because the landlady told me she will move in after her holiday. She said she was living in the property before I moved in and she'll move back in herself

Yes, letter is fake. The Chinese people sent it to scare me. Crazy.

To be honest you haven't much rights staying on and living there

Your best off finding somewhere else to live ASAP !

http://www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e/housing_subletting_and_lodging_e/housing_subletting_e/unlawful_subletting_of_social_housing_unlawful_profit_orders.htm

Poppie68

sentry wrote: »

I will be a lodger because the landlady told me she will move in after her holiday. She said she was living in the property before I moved in and she'll move back in herself

Yes, letter is fake. The Chinese people sent it to scare me. Crazy.

Is it a council property.... have you established that yet?