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

Guest101

karakus wrote: »

[FONT=&quot]Hello, I need some urgent help[/FONT]


[FONT=&quot]I live in a hostel in London and I am friends with a single mother (let’s call her Linda) who rents a Council property, I’ve used her house as postal address for the bank as it’s not safe to have correspondence sent to the hostel. Linda has been travelling back and forth to Nigeria since 2013 to set up a charity and has asked me to look after the flat, as a consequence I had to call the council quite a few times for boiler repairs and toilet leaks (flat is quite old) and had to be at the property to let the engineers in[/FONT]


[FONT=&quot]Last week I go and collect the post… and there’s a notice of Hearing at the County Court as apparently I’ve been living there unauthorised !![/FONT]



[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]The Court docs show a few things suggested she isn’t living there anymore. Including me calling the Council for repais[/FONT]


[FONT=&quot]There was also a copy of an email Linda sent to her daughter’s school saying she was going to “migrate to Nigeria” (her words). [/FONT]



[FONT=&quot]There’s Equifax reports saying that I live there, but I also used that place as postal address for my bank account and Barclaycard credit card (as obviously a hostel as postal address for sensitive data isn’t great)[/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]£ 2400 for a place I don’t even live in !![/FONT]


[FONT=&quot]What shall I do ? Of course I don’t have a contract with the hostel, but I do have weekly hand written receipts which I usually throw away when I get the new ones[/FONT]


[FONT=&quot]Please help !![/FONT]

You cant owe rent as you have no tenancy.

You cant be unauthorising, as the tenant authorised you being there.

So it sounds like the rent hasnt actually been paid and now council chasing anyone they can.

maninthestreet

County Court means it's not being pursued as a criminal case? Or am I mistaken?

fairy_lights

karakus wrote: »

@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

But you said in your first post that you do have all you post sent there! make up your mind.

sheramber

Does the hostel not have to keep a record of who is staying there?

Holiday accommodation places usually do.

Guest101

maninthestreet wrote: »

County Court means it's not being pursued as a criminal case? Or am I mistaken?

Are they suggested you squatted there? - this would be a crime, but that would be magistrates (or at most Crown Court)

Not county court. which is civil court.

[Deleted User]

<sigh>

You don't have to have a contract with the hostel.., the hostel has to keep a copy of receipts for some years for tax purposes. Ask them for a copy of their records for whichever room you are staying in. Even a statement from the manager saying you have been living constantly in the hostel for X months will help. If you have been living there for so long, surely you have some kind of relationship with the people who run the place? They should at least know who you are and that you've been staying there for an extended period.

I'm sorry but this sounds a bit on the iffy side. If you have been living elsewhere, and paying rent.., you have to obtain proof. Otherwise the council will consider you to be a subletter. I am not so sure they can charge you for unpaid rent or whatever it is they are charging.., but this is all you can do. Prove you haven't been living there if you can.

Cornucopia

It's a Civil claim - tenancy/debt.

karakus

I think the best bet is the ask the hostel for a statement, I'll do that then. Handwritten receipts aren't the best proof. It's an old fashioned hostel, that's also the reason why it's so cheap.

My GP is near my hostel, I can ask him for proof of address too.

Will that be enough ?

Cornucopia

It's a good start, especially if the Hostel and the flat are some way apart.

Guest101

Can i just point out.

Unless the council have served paperwork on the OP at the hostel, there is no case to answer.

Filing a defence will just prove that he was at the flat. - Since the notice was attached to the flat...