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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Friend - Rent - She wants me out!

128 replies

PuffandStuff · 13/09/2013 13:24

My friend was given an HA flat a few years ago - she has since moved in with her husband to a beautiful (mortgaged) home and I have been renting her flat. I recently lost my job but because its a HA flat I can't claim HB - She begged me to move in against my better judgement as she wanted someone she could trust in it (told her she needs to give it back but she says it her flat!)

I have been working self employed and have some money coming in soon but at the moment I'm in arrears with my rent - which when it comes through I can settle up with her and find another flat - she is fuming and wants me out - I am penniless at the moment and have nowhere to go - if she could wait 2 more weeks I can pay her all that I owe her - she won't wait - I'm one month in arrears at the moment.

I'm refusing to budge - she has threatened to come and throw all my stuff out! We have been friends for 20 years and I can't understand why she is being like this - AIBU?

OP posts:
MrsRajeshKoothrappali · 13/09/2013 16:58

www.gov.uk/council-housing/council-housing-fraud

She could go to prison for what she's doing.

Add that to the harassment and she's in for a pretty rough time.

StaticSockMonster · 13/09/2013 17:04

Puff,
Firstly, what you are doing is illegal, which you already know (and if you are found out you and your friend could be prosecuted for tenancy fraud).
However, this aside, if you have been living there for twelve months and can prove it (via letters etc) you could possibly get the property assigned to you from your friend.
This would include any arrears being paid off before hand though.

Are the housing association aware that you are living at the address?

SeaSickSal · 13/09/2013 17:07

BrokenSunglasses I don't think she has done anything wrong other than have some financial hardship. It's her friend's fault that she can't get housing benefit because she is illegally letting the flat, if it was all above board she wouldn't have that problem so I don't think she can complain if her mate gets a bit behind with the rent because it's her fault that she can't claim HB to make up the shortfall.

Incidentally I think changing the locks is a good idea. As the OP doesn't have a tenancy agreement and the sublet is illegal anyway she is technically squatting so she might as well change the locks and make her squatting official. She can wait for the HA to evict her which may take some time and it will give her enough time to find somewhere else.

And it will also mean this woman will be busted and the house will go to a family in need when the OP gets evicted/moves out.

So yes, OP, go for it, change the locks.

SeaSickSal · 13/09/2013 17:08

SHE CAN'T RING THE HA FOR LOCKS BECAUSE SHE'S NOT THE TENANT!

BeckAndCall · 13/09/2013 17:08

static - she's only been there 6 months......

justmyview · 13/09/2013 17:08

YABU for depriving potential legitimate tenants of the use of the property. Think you should have applied to the HA for accommodation and joined the queue, like everyone else

SeaSickSal · 13/09/2013 17:09

Course the HA aren't aware she's there, it's a sublet.

digerd · 13/09/2013 17:12

You say you have a house you are selling so don't understand why you are not living in it? Is it left empty for a year?

BeCool · 13/09/2013 17:14

You are actually allowed to sublet HA flats, but not when you are out getting a mortgage on another property.

Your friend has been greedy not giving up the flat when she is in a position to buy. You have benefited greatly from her greed to date, but now you are messing with her money/position you will feel the sting from her greed. I'm surprised you weren't more prepared for this.

StaticSockMonster · 13/09/2013 17:17

I was asking a valid question.
Some people add friends/family to the house hold of the tenancy.
Yes, subletting IS illegal but having other people lodging with you isn't.
I was simply trying to find out which was the case.

Approach the housing association with the facts. Speak to the housing officer who looks after that street/area.
Take the proof that you have been living there.
It will cost them time and money to evict you from the property (and money for the void period whilst the property is empty) but if you can prove that you are a good tenant they may let you stay or could possibly give you a short tenancy to give you time to find alternative accommodation.

Also, if the housing association evict you before you have found alternative accommodation, approach you local council. They are probably the people who have the responsibility to the homeless in the city.

Canthisonebeused · 13/09/2013 17:19

Make a housing benifit claim to the flat, and for all you know it's a private rental off a landlady. How are you to know its a HA flat.

BrokenSunglasses · 13/09/2013 17:23

It's her friend's fault that she can't get housing benefit because she is illegally letting the flat

No it isn't! OP is an adult, her friend is not responsible for the choice she made to go along with the arrangement. She did it because it was convenient for herself, not as a favour. It was a mutually beneficial arrangement.

You can't move into somewhere knowing that you are self employed and your income might be erratic when you also know you will have no way of claiming HB or paying the money that you have agreed to pay. OP did not walk into this blindly, she knew what she was taking on.

If she agreed to pay money, and she's still getting the benefit of the thing she's supposed to be paying for, then she should pay! OP has no one to blame but herself for the mess she has got herself into. Same as the friend.

LIZS · 13/09/2013 17:27

I agree . op knew the situation and thought it would do both she and friend a favour. Now it has backfired . Not sure why it is such a mystery why she is behaving like this , she wants you out because she wants to keep the income going, not that she really has any legal redress but maybe she has another "friend" lined up. You are both unreasonable.

SeaSickSal · 13/09/2013 17:32

She didn't just move in knowing her payments were going to be erratic. Read the fucking OP properly. She lost her job. As far as she knew she was going to be working and paying rent, now she has fallen on hard times and has a brief hiatus between jobs were she is struggling to pay and her mate is chucking her out. She could have claimed benefits to cover this period but she can't because what her friend is doing is illegal.

The OP is not committing any offence, it is her friend who is the criminal, not her.

Lj8893 · 13/09/2013 17:37

Yes but the OP was well aware that by moving in she was supporting her friends criminal activity.

FairyJen · 13/09/2013 17:40

Op I think you are on shaky ground. You clearly knew the situation wen you moved in so surely that makes you an accessory to your friends fraud!??

If you lie to the HA when you grass her up and they find out you have lied you could be causing a lot of problems for yourself as well.

Personally you both disgust me acting in this manner. Fess up now and let someone who deserves that flat take it! Angry

BrokenSunglasses · 13/09/2013 17:54

She could have claimed benefits to cover this period but she can't because what her friend is doing is illegal.

And she could have claimed benefits except she chose to move into a property where she knew that if she needed to, she wouldn't be able to.

She admits that she knew it was wrong at the start, but she went and did it anyway.

ILikeBirds · 13/09/2013 17:58

"She could have claimed benefits to cover this period but she can't because what her friend is doing is illegal."

I'm not sure she could anyway, if she's awaiting proceeds from the sale of a house? Confused

BinarySolo · 13/09/2013 17:59

I'm shocked by how many posters seem to think only the friend is at fault.

I don't think the op is in any position to be changing the locks or threatening the friend. Very unpleasant and greedy behaviour by both parties.

34DD · 13/09/2013 18:11

This reply has been deleted

Message withdrawn at poster's request.

tattychicken · 13/09/2013 18:48

The local authority will not have any duty to temporarily accommodate you under homeless legislation unless you have dependent children, are pregnant or are vulnerable in some way. Even if you do fall into these categories, the fact that you have ended up homeless as a result of knowingly entering into a subletting arrangement will mean you will not be assisted further. You will NOT be able to succeed to the tenancy, subletters have no succession rights. You will not be able to have the tenancy transferred to you, bypassing the Housing Register. When the HA get possession of the flat, it will be offered to the next suitable candidate/successful bidder. This won't be you.

I have zero sympathy for you. And yes, for serious tenancy fraud, you can now go to prison for up to two years.

Coconutty · 13/09/2013 20:41

This reply has been deleted

Message withdrawn at poster's request.

Original poster
PuffandStuff · 13/09/2013 20:45

Hi everyone and thank you for your messages. I do have children - four beautiful daughters - we were living in Egypt - my husband was working over there - and that is where the house is - without giving too much away my DH was caught up in the riots and arrested - we don't know where he is - we managed to get out and me and my girls were staying in my mums dining room on mattresses on the floor when my friend offered me her flat - I didn't want to take it but we were desperate.

I have decided to pack up and leave over the weekend and go back to my mums - its just for a couple of weeks and then I'll be able to rent something privately.

I know what I did was wrong - I am ashamed and just want to get out now and put the whole thing behind me - I'm sorry to those who I have angered and I will try and put something back when I am back on my feet. Thank you again.

OP posts:
overthebliddyhill · 13/09/2013 21:27

I think many of us in your situation would have done the same as you. I hope that you will soon have your DH home and wish you all the best for the
future.

Morgause · 13/09/2013 21:31

Hope things work out ok for you. Thanks