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Taken to Court for “unauthorized occupation”… but I don’t even live there ?! Help !

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Comments

  • karakus
    karakus Posts: 73 Forumite
    Guest101 wrote: »
    OP the council cannot chase you for rent. Rent is a contractual payment. They offered you a contract and you signe dfor it?
    If not then you dont owe rent.

    Council tax is a tax, it's payable (somewhere down the line) by the occupant. That they could chase for.

    Thank you very much, appreciated
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Just a thought here. If Linda was not paying the rent to the council having moved out, is it not possible that the claim from the council is actually for damages for loss of rent during the period that the op was an unauthorised occupier?

    It would be useful to know the wording on the summons claim.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • Guest101
    Guest101 Posts: 15,764 Forumite
    terryw wrote: »
    Just a thought here. If Linda was not paying the rent to the council having moved out, is it not possible that the claim from the council is actually for damages for loss of rent during the period that the op was an unauthorised occupier?

    It would be useful to know the wording on the summons claim.

    Can we stop saying hes an unauthorised occupant.

    He wasnt. Linda who had a lease, told him he could be there. She sublet to him, he was a tenant. the claim the council have, must be against Linda. Not her parents, no tthe OP. Only the person who agreed the tenancy.
  • Lord_Baltimore
    Lord_Baltimore Posts: 1,348 Forumite
    karakus wrote: »
    Sorry I'm on the phone, I can't write much. I'll come clean: I am actually living there and paying rent to tenant. I'll come clean to the council too . just been back from a quick intro session with CAB.

    You guys reckon bank statement will be enough to prove I shouldnt pay £2400 of arrerars??

    I respect you for coming clean. Unfortunately, I don't feel able or inclined to contribute anything further other than that you should be equally honest with the Council :(.
    Mornië utulië
  • Annie1960
    Annie1960 Posts: 3,009 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    karakus wrote: »
    And yes, I received the whole bundle from the lawyer last week, I need to defend it now. Do I have to fill in the forms and send them back or do I just hand them in at the court date?

    What do you mean, 'defend it'? You've already admitted guilt.

    Pay up. Why should us taxpayers subsidise this fraud?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Annie1960 wrote: »
    What do you mean, 'defend it'? You've already admitted guilt.

    Pay up. Why should us taxpayers subsidise this fraud?

    He has paid. He paid Linda.

    Here: http://www.dailymail.co.uk/home/index.html - you can vent there if you like.
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    But if Linda has terminated her tenancy and is no longer paying rent then the op is an unauthorised occupant regardless of any money that he pays to Linda or her relatives.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • Guest101
    Guest101 Posts: 15,764 Forumite
    terryw wrote: »
    But if Linda has terminated her tenancy and is no longer paying rent then the op is an unauthorised occupant regardless of any money that he pays to Linda or her relatives.

    Linda hasnt terminated her tenancy though, not legally.

    Whether she pays rent or not. The tenancy is ended either by the tenant giving notice, or by the court. The court decision is yet to come.

    Yes council housing is different to the private sector. But the council must still go to court to end the tenancy, which is what they are doing.
  • pmlindyloo
    pmlindyloo Posts: 13,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You can call Shelter and ask them for advice:

    http://england.shelter.org.uk/what_we_do/contact_us
  • Cornucopia
    Cornucopia Posts: 16,553 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Way back in post #1, the OP talked about being given a payment card by the Council. We probably need to know more about that.
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