Threatening letter from the council, can I be prosecuted?

HereBeDragons_2

You have done nothing wrong and you cannot be prosecuted for renting the flat from someone who does not have permission to sublet. Your landlady is the one in trouble here, not you.

I was in exactly your position years ago - unknowingly renting a council flat from their tenant who was subletting without permission. I presume your landlady doesn't live there with you, i.e. she is subletting the whole flat?

First thing: neither the council nor your landlady can force you to leave the flat. It doesn't matter that it's a sham tenancy, set up without the council's permission; you are the current occupant and they can only evict you by getting a court order. This means taking their tenant, and possibly you, to court to regain possession of their property, which they will be desperate to do - but it is a civil matter and not a criminal one. For anyone to evict you without a court order is illegal (look up the Protection from Eviction Act 1977), so don't let the council or your landlady tell you otherwise.

Second thing: stop paying rent to your landlady.

What you do now is up to you. You could leave voluntarily at any time of course. Be warned - once your landlady is aware the council have discovered she is subletting, she will do everything she can to get you out of her flat and move back in so she doesn't lose her flat. You might be in for a pretty unpleasant time - I was harassed and the tenant tried to break back into the flat - so I'd suggest changing the locks to protect yourself.

A few days ago there was a thread posted here by a private landlord who has discovered his tenant has sublet without his permission. I answered it and explained what had happened to me when I found myself occupying a council flat. It's here https://forums.moneysavingexpert.com/discussion/5193112

Go to post number 14 & 15, it contains all the information you need about your legal position at the moment and what the council has to do legally to get rid of you. The council who owned my flat were actually super helpful and nice to me because they really wanted to get their flat back from their tenant - and I would expect your council to be the same towards you. A lot of council employees working in their housing depts are clueless about the legal status of someone in your position, so if you communicate with the council make sure you are dealing with someone who is experienced in dealing with sublets, and whose job it is to regain possession of the flat for the council and help people like you. My advisor was referred to as a Housing Safety Officer.

I'd also ring Shelter for advice. Good luck.

45002

HereBeDragons wrote: »

You have done nothing wrong and you cannot be prosecuted for renting the flat from someone who does not have permission to sublet. Your landlady is the one in trouble here, not you.

I was in exactly your position years ago - unknowingly renting a council flat from their tenant who was subletting without permission. I presume your landlady doesn't live there with you, i.e. she is subletting the whole flat?

First thing: neither the council nor your landlady can force you to leave the flat. It doesn't matter that it's a sham tenancy, set up without the council's permission; you are the current occupant and they can only evict you by getting a court order. This means taking their tenant, and possibly you, to court to regain possession of their property, which they will be desperate to do - but it is a civil matter and not a criminal one. For anyone to evict you without a court order is illegal (look up the Protection from Eviction Act 1977), so don't let the council or your landlady tell you otherwise.

Second thing: stop paying rent to your landlady.

What you do now is up to you. You could leave voluntarily at any time of course. Be warned - once your landlady is aware the council have discovered she is subletting, she will do everything she can to get you out of her flat and move back in so she doesn't lose her flat. You might be in for a pretty unpleasant time - I was harassed and the tenant tried to break back into the flat - so I'd suggest changing the locks to protect yourself.

A few days ago there was a thread posted here by a private landlord who has discovered his tenant has sublet without his permission. I answered it and explained what had happened to me when I found myself occupying a council flat. It's here https://forums.moneysavingexpert.com/discussion/5193112

Go to post number 14 & 15, it contains all the information you need about your legal position at the moment and what the council has to do legally to get rid of you. The council who owned my flat were actually super helpful and nice to me because they really wanted to get their flat back from their tenant - and I would expect your council to be the same towards you. A lot of council employees working in their housing depts are clueless about the legal status of someone in your position, so if you communicate with the council make sure you are dealing with someone who is experienced in dealing with sublets, and whose job it is to regain possession of the flat for the council and help people like you. My advisor was referred to as a Housing Safety Officer.

I'd also ring Shelter for advice. Good luck.

Unless im missing something from Protection from Eviction Act 1977

The 1977 Act

Gives local councils in E&W the power to prosecute private landlords for illegal eviction and harassment of private tenants.

Cant see it the 1977 act where councils can prosecute councils for illegal eviction and harassment of council tenants !

trevormax

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.

Sounds like you are a tenant mate. In which case, you may (very likely) be liable for council tax for the property right now being the only tenant living in the flat.

Some good advice from people on here so take some time to read it and make sure you are covered if the brown stuff hits the fan.

CIS

trevormax wrote: »

Sounds like you are a tenant mate. In which case, you may (very likely) be liable for council tax for the property right now being the only tenant living in the flat.

Some good advice from people on here so take some time to read it and make sure you are covered if the brown stuff hits the fan.

I would agree - there's a good possibility he's the resident for council tax purposes and liable for the council tax.

I have dealt with a similar case where the actual tenant lived in China and illegally sub-let the property, as it wasn't her 'sole or main residence' the residents were liable for the council tax charge.

sentry

Good advice, thanks everyone, I’ll see what I can do

But the landlady definitely used to live here as there’s still a lot of her stuff in the 3rd bedroom