London Borough of Lambeth and ST – alleged subletting/parting with possession. Clerkenwell and Shoreditch CC - August 2022
We were instructed in February 2021 after ST received a Notice Seeking Possession from Lambeth Council on her one bedroom council studio flat. The notice alleged that she was subletting and living elsewhere, and had therefore lost security of tenure on her home.
In 2016, ST’s close friend was sofa-surfing at her home after leaving her abusive and violent partner. ST invited her friend to stay at her flat for a short while, which she did on an on and-off baisis. ST stayed at her boyfriend’s flat from time to time. Her boyfriend’s flat was situated in the same block as ST’s parent’s flat.
ST was in financial difficulties and her friend started lending money to ST each month. ST repaid the money to her friend, over the course of the following month.
The Council started investigating ST for subletting and parting with possession of her flat. A visit was paid to her flat by investigating officers. They found ST’s friend staying at the flat. The Council undertook further investigations and discovered the loan payments on ST’s account and various accounts registered at ST’s parent’s flat. Lambeth served a notice seeking possession on ST for (1) subletting, and (2) not using the flat as her only or principal home. At the end of the notice, they then issued court proceedings for possession.
The matter went to trial on the 25 and 26 August 2022. The critical points that needed to be decided was (1) whether the loan was ‘rent’ and (2) whether ST had given her friend exclusive possession of the flat. Despite ST being the only live witness for the defence case, the trial judge accepted ST’s evidence. The judge criticised the Council for not having first given ST opportunity to provide an explanation prior to the Notice Seeking Possession being served and prior to court proceedings commencing.. The judge dismissed the Council’s claim for an order for possession and ordered costs against them.
Susan Gronbach of Our Housing Team acted for the Defendant, instructing Catherine O’Donnell of Garden Court Chambers for the 2 day trial