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

Guest101

karakus wrote: »

But just to clarify, I am not squatting, am I ?

what if the tenant can really nasty, as HereBeDragons pointed out, and they start saying I have squatted? even though yes, I do have the bank statements which prove I paid them

If you were squatting the police would have come and arrested you, taken you away from the scene and then de-arrested you.

You would have been told that if you returned they would arrest you and charge you.

- no you are not squatting.

pmlindyloo

You do not seem to be listening to anything anyone has said.

You need to contact Shelter today.

First of all read this:

https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/subletting/what-happens-if-a-subtenancy-is-unlawful/

As people keep telling you, up until the eviction notice to Linda you have had a tenancy agreement with Linda. She was your landlord. The fact that Linda was illegally subletting the council property is her concern, not yours. (if you can successfully argue that you were unaware of the 'rules')

It is after Linda was evicted that you had no right to occupy the premises but you did. By giving you a 'card' to pay an occupation fee it seems the council was giving you time to find alternative accommodation. The fact that you did not pay this occupation 'fee' is the money the council are after.

No one knows what the result is going to be when you go to court. You need someone to help you prepare a defence. No one on here can do that so get some help from Shelter.

karakus

Update: I went to CAB this morning and they weren't particularly useful, they just gave me something I already had printed from their site, a list of free legal evening session and a few lawyers in the area. Then I went to the Housing Officer and gave him my full statement, complete with some bank statements to prove I paid the family and a few pictures proving occupancy from the other couple.

I have no idea what's going to happen, but I gave them my mobile number and email and asked them to get in touch if they needed anything. I offered to pay the rent weekly from today but they said I don't have to ! and they give me 2 weeks to find another place (afterwards I guess I'll have to pay)

and the tenants and her family still have the keys so they can come back at any time :eek:

HereBeDragons wrote: »

If you stand up in court and ask for a discount on the grounds that you've handed the keys back you'll be doing yourself no favours at all. You just sound like a money-grabbing chancer. You need to think differently. If you make contact with the council, keep communicating with them, emphasise that you are actively seeking a new home, make the required 'rent' payments on the card from now on, cooperate fully and make sure to show up and speak in court (especially if the other defendants don't turn up, which is quite likely), I would say both the council and the magistrate will be more likely to view you as the only reasonable person out of the three defendants and - this is the important bit - as a result they may be inclined to believe you when you say you've been paying rent to the tenant's family in good faith because you misunderstood the situation, and could they please therefore consider your request that they seek your share of the damages from the tenant instead. Surely that's the discount for good behaviour you should really be aiming for?

Even if you hand the keys back before the hearing, make sure you still attend court. It's the only chance you have of stopping the council being awarded the full amount of damages (an amount now in excess of £2400, and increasing every week) against you, and you're going to need every scrap of evidence you can find to prove to the court that you've been paying rent to the tenant's family since December. You also need to make sure that the council's legal costs are not awarded against you, as that could cost you thousands more.

Legal costs so far are £380, my statement doesn't actually say anything in terms of what I would request, just a timeline of events, and I kept it as objective as possible. shall I add that in writing in the written statement and send it or make the request on the day of the hearing ?

my request would be: ask that the tenant pays legal cost and then ask to pay less of the total damages because I misunderstood how this all was set up and I was slightly intimidated by the stepfather (who always told me to just send all correspondence from the Council to him and do nothing else, lest he'd kick me out... well he didn't actually say he'd kick me out but it was implied: my way or the highway)

My guess is that the other housemate/s (3rd defendant) won't turn up as we don't know where they live, unless the Council can trace them. and even if they know they are such careless "I don't give a s**t" kind of people that they won't turn up anyway

ultimately if I am the only one who turns up in court... what stops the Council from asking all damages from me? surely I am the only one that can trace/ that they have traced so far ?

karakus

karakus wrote: »

I offered to pay the rent weekly from today but they said I don't have to ! and they give me 2 weeks to find another place (afterwards I guess I'll have to pay)

By the way I don't have anything in writing confirming this from them. I sent the Housing officer a recap email where I mention this agreement, hopefully it will be enough for the Court in case the Housing officer "forgets" he ever told me that?

Mojisola

karakus wrote: »

Update: I went to CAB this morning and they weren't particularly useful, they just gave me something I already had printed from their site, a list of free legal evening session and a few lawyers in the area.

Shelter are the housing specialists. Have you spoken to them?

karakus

Mojisola wrote: »

Shelter are the housing specialists. Have you spoken to them?

Not yet, no. People earlier were suggesting CAB and then Council, I'll contact Shelter asap. swamped with work after having spent pretty much all day around

HereBeDragons where art thou? your input would be great

SnooksNJ

What does your lawyer say about all this?

karakus

karakus wrote: »

my statement doesn't actually say anything in terms of what I would request, just a timeline of events, and I kept it as objective as possible. shall I add that in writing in the written statement and send it or make the request on the day of the hearing ?

Can anyone advise on this please?

silvercar

karakus wrote: »

Can anyone advise on this please?

The only advice I can give is to see a solicitor.

I don't actually see what you are asking (but then I have no legal training). surely you are defending the claim, so you want all the claim against you rejected?

Is this a money claim for unpaid rent and costs or is it a claim for you to be evicted?

If it is a claim for eviction, then there is no harm in asking for 28 days to find alternative accommodation.

silvercar

Have you actually moved out and handed the keys back?