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

Guest101

OP

the fact that more and more information is coming out, such as the notice and the serving on you of the card and notice of estimated damages was very important.

Since the council can no doubt prove this was served on you, the court may take the view that you accepted that this was the level of damages.

In which case it may well award in the councils favour. Up until that point you could not have a debt.

If there is anything else you need to notify.

Also, stories coming out in bits and pieces tend to put off posters who might otherwise have helped. You've lostout on a lot of advice.

FBaby

Have you continued to pay the the step-father after December when the notice was delivered?

I think you are desperately trying to come on as the victim, but this is not really washing out. You might have been naive in the first instance and maybe that could be defensible, but from the moment the council communicated with you, you were made fully aware of the situation yet you took it upon yourself to bury your head under the sand and do nothing about it. The consequences then becomes yours.

Indeed, if after receiving this notice, when it was made very clear that your African tenant didn't have a tenancy with the council, you should have questioned whether rent was still being paid and continued to do so until you were physical expelled.

I suspect rent had not been paid for some time, and I highly suspect you paid nothing to the step-father after a certain time either, hence living there for free.

I personally think that if all the consequences of this mess is that you have to pay £2400, then I would highly suggest that you just pay it rather than trying to defend yourself because if you plan on just using the same arguments you are throwing here, I very much doubt any judge is likely to express any sympathy.

getmore4less

Guest101 wrote: »

Not a tenancy created. It's 'damages' the council seeks.

OK think I have it now

but if they had paid would that have been different?

£145pw seems cheap for a place in London that can sleep two in seperate rooms

Wonder what they were paying to "Linda"

seven-day-weekend

Landofwood wrote: »

I respect the OP for coming back and fessing up.

We've all made mistakes. OP is here for advice, if you can help that's great, but let's stop judging.

I agree, the OP has now been honest and now needs help.

As far as I can see, the person who has committed fraud is Linda. Whether or not the OP knew that what he was doing was illegal, he does not have a contract with the Council, she does. Whatever money he has paid to her is nothing to do with the Council, is it.
However, I am no lawyer and would recommend the OP consults one as soon as possible.

CKhalvashi

getmore4less wrote: »

did they not do that in Dec?

Thinking about it, quite possibly.

The fact that OP has lied to them already won't help either, so there may or may not be enough to prosecute.

I never said they couldn't prove it, simply that they'd have to. It's quite possible of course, depending on how much into they have already, that they can prove it.

getmore4less

CKhalvashi wrote: »

Thinking about it, quite possibly.

The fact that OP has lied to them already won't help either, so there may or may not be enough to prosecute.

I never said they couldn't prove it, simply that they'd have to. It's quite possible of course, depending on how much into they have already, that they can prove it.

Thinking about it, the Dec notice was the end of the notice to quit process, so this must have started much sooner probably months

Wonder when the repair guy letter is dated.

SnooksNJ

karakus wrote: »

anyone know any no win no fee inexpensive lawyers? as you may have realized I am on a low paid job and have no funds...

Did you trip and fall in the apartment? Coffee too hot at McDonalds? I can't recommend any but there are quite a few advertising on TV.

karakus

getmore4less wrote: »

Wonder what they were paying to "Linda"

I paid her £90 A week, I get paid £350 after tax a week on a temp job (I have also been unemployed/redundant at times during the “tenancy”)
Thank you everyone for the advice by the way, I’ve been a bit of a coward both in this thread and in my tenancy… but how can you pay £150 for rent for a dingy room if my financial situation is as above?
I will write a full timeline of events over the weekend and my statement for the court and post it on here: shall I also send it to the estate manager/lawyer and the court, asking for a “reduction of claim” ?

Who shall I contact between:
The council housing officer, as HereBeDragons suggested (who I guess will not be sympathetic now)
Shelter
CAB ?
Between work constraint and finding another cheap place, I can’t take too much time off work.

ScorpiondeRooftrouser

karakus wrote: »

anyone know any no win no fee inexpensive lawyers? as you may have realized I am on a low paid job and have no funds...

No win no fee only applies when you are suing somebody else; they get paid out of the settlement. In this case you only stand to lose.

ruggedtoast

karakus wrote: »

anyone know any no win no fee inexpensive lawyers? as you may have realized I am on a low paid job and have no funds...

Somehow I don't think legal professionals are going to be lining up to defend this on a a No Win No Remuneration basis. Maybe Linda's family have a law firm, not that they'd probably have time for a job with all their jetting around between New York, London and Africa at the British tax payers' expense.

I am so glad that Education and Health funding is being cut left right and centre in favour of funding Linda and her peregrinations.

As far as your defense goes, you spent a significant part of your tenancy clearly aware that you were subletting a council property. The council then wrote to you and a second tenant clearly informing you of this.

In no uncertain terms they told you you would eventually be evicted and in the meantime you were to pay them a weekly charge for use of the property.

You chose, for reasons I don't understand, to completely ignore this, not to bother even reading to the end of the letter, and to abrogate all further responsibility to Linda and her dodgy Stepdad, (who by the way - have royally ripped you off).

No I don't think they will let you off. Yes you will be given a payment plan that could be as little as a pound a week and Yes you have received a life lesson.