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

karakus

@ Maninthestreet I’s the County court


@Tixy, yes the “landlady” is Linda, I always assume she’s the owner of the place, but she actually rents from the Council. I don’t have any post sent there, the receipts are just the latest weekly one that I have.
I’ve been using the address long before she took the daughter out of the school


It’s just a backpackers hostel I am living in, I find it cheaper that paying for a normal room, been there for many years


The repairs were made because the people of the flat below were complaining of leaks and because Linda and her mother (who lives quite far) asked me to go and check if the flat is in good working order

“However if you are homeless, ask them for a tenancy agreement if they want rent.
they wont win at court without one if you defend”
What do you mean by this? I am not homeless, my hostel isn’t a homeless one[FONT=&quot][/FONT]

karakus

The mother and Linda asked me to check for the post because the mother lives far (East London, flat is in West London) and she's quite old

pinkshoes

If you have been at the hostel for years, and paying rent, this won't be hard to prove, so no issues. Just speak to the hostel and ask them to put something in writing.

[Deleted User]

If you have been living at this hostel for some time, they will have records of this. You just have to obtain them and present them to the court. Questions may still be asked as to why you are having mail sent there.., council's do data searches randomly or once they have a query about the legitimacy of a tenancy and this is what they have almost certainly picked up on.

However questions will be asked as to why the tenants need someone else getting their repairs done over a long period of time (i.e. they aren't actually living there). I suspect the tenants are in trouble. They may be assisted if they can prove they have a charity they are setting up.., one that is registered in Great Britain.., but I am unsure how much this will help them. Council tenancies are in such short supply, once a council discovers a tenant isn't living there, they gather evidence and move pretty strongly. With the tenant not being in the country, its going to be difficult for her to keep the property (and gather the paperwork she needs to prove she is using the tenancy). The email saying she is migrating is pretty damning for her. The council have been querying the situation for at least 6 months, without sight of the tenant. Its not surprising the tenancy is at risk! They normally knock on the tenants door a few times, trying to establish whether the tenant is there or not.

All you have to do is prove you aren't living there. Get some paperwork from your hostel. It is normal to assume someone who mentions a hostel (particularly in this situation) is talking about a hostel for the homeless, not a back packers place. However unless you can prove you have paid for a bed every night for the period the council is querying, you could have a problem. I'd call shelter or go to the CAB.

dodger1

karakus wrote: »

[FONT=&quot]They did send us letters last December saying I am an unauthorised occupant and giving me a card with which to pay, but I always forwarded the post to Linda’s stepfather who contacted them and explained she was still living there but on holiday/abroad for a while. The stepfather was paying the Council rent[/FONT]
[FONT=&quot]
[/FONT][FONT=&quot]Now Council is claiming repossession and asking me to pay £ 2400 of rent, even though they received the rent from Linda’s stepfather all this time ![/FONT]
[FONT=&quot]
[/FONT][FONT=&quot]£ 2400 for a place I don’t even live in !![/FONT]

It appears the council are saying that no rent has been paid, ie the stepfather hasn't been paying, I can't imagine that they are asking for two lots of rent for one property. As for the last line, well you've already said that you have been living there so how long have you been?

karakus

I don't have a contract with the backpackers unfortunately, it's just receipts, I only have the one for last week, I can keep the receipts from now on of course, but the hearing is on 5th August, 2 months of receipts won't do much, since the first email copied in the Court papers dates back to 2010,

The court papers also reference to another person "living there" in 2011. Whether he was living there or not, I have no idea

My main question is... the Defendant is asking me to pay £2400 of unpaid rent for a place I haven’t been living in ! How can I defend that? Surely they can’t charge me if it seems like they have no concrete evidence? Using a flat as postal address for my bank account doesn’t imply I am living there, what if it’s my mother place for example ?


What can I do?

steampowered

Your story does not sound very convincing. I don't understand why you are having post sent to the flat and I don't understand why you are having repairs done. It all sounds rather suspicious.

Presumably this is a council flat. The concern is that people are not allowed to sub-let a council flat, and for the landlord it would be a criminal offence - see https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/subletting/unlawful-subletting-of-social-housing-criminal-offences/. If a tenant moves to Nigeria the flat should be released for allocation to the next person on the council housing waiting list.

If you are telling the truth and you have in fact been living at the hostel, I think you would need to gather evidence to prove this. The hostel should be able to provide some sort of record or confirmation which proves to the council that you have been living there and paid rent.

Definitely see the CAB. Whatever happens you should be attending the court hearing if it is against you. Before seeing the CAB you should contact the court to make sure that you have all the legal papers.

quidsy

The hostel will have records, needed by lw, of everyone staying there. Ask them to write a letter confirming that you have stayed there for xyz period of time. Show this to the court & explain you were doing a friend a favour in the repairs & that they did you one by allowing your bank correspondence to go to the flat for security reasons.


TBH your story is full of holes & your unwillingness to approach the hostel for a record of your stay is suspicious. It isn't looking good for you or "Linda" if you can't prove your domicile.

Cornucopia

karakus wrote: »

@Tixy, yes the “landlady” is Linda, I always assume she’s the owner of the place...

That's not what a landlady is. Whatever you do, don't ever refer to her as that with anyone in authority, because they will take it to mean that you knew you were sub-letting.

I think this is going to be a tricky one - I would check what the definition of occupation is. It may be that by accepting responsibility for the property, you became an occupier whether you were actually living there or not. CAB or a Solicitor will be able to help with that detail.

Other suggestions:-

- Are you registered to vote? At which address?
- What address is registered with your Doctor or Dentist?
- Any benefit claims? Phone contracts? Mail order deliveries?

princeofpounds

I don't have a contract with the backpackers unfortunately, it's just receipts, I only have the one for last week, I can keep the receipts from now on of course, but the hearing is on 5th August, 2 months of receipts won't do much, since the first email copied in the Court papers dates back to 2010,

They should have records... just ask them for a copy.

the Defendant is asking me to pay £2400 of unpaid rent for a place I haven’t been living in ! How can I defend that? Surely they can’t charge me if it seems like they have no concrete evidence? Using a flat as postal address for my bank account doesn’t imply I am living there, what if it’s my mother place for example ?

It is a civil case. They do not need to prove it beyond reasonable doubt. They need to prove it on the balance of evidence. Given you have your post sent there and arrange multiple repairs, there is some evidence you occupy the property. It may or may not be enough.