Tenant successfully defends unlawful subletting case brought by London borough: report

The London Borough of Lambeth has lost a case in which it thought a woman was illegally sub-letting a one-bed studio council flat.

Susan Gronbach of law firm GT Stewart’s housing team, who acted for defendant ST, instructed Catherine O’Donnell of Garden Court Chambers.

GT Stewart said Lambeth alleged ST was subletting and living elsewhere.

Her case was that in 2016, a close friend was ‘sofa-surfing’ at her home after leaving an abusive and violent partner.

ST invited her friend to stay for a short while, which she did occasionally, while ST sometimes stayed at her boyfriend’s flat.

The friend lent ST money each month as she was in financial difficulties, and ST repaid the money over the following month.

Lambeth investigating officers found ST’s friend staying at the flat and discovered the loan payments on ST’s account.

GT Stewart said Lambeth then served a notice seeking possession on ST for subletting, and not using the flat as her only or principal home. The council later issued court proceedings.

The firm said that despite ST being the only live witness for the defence, the trial judge accepted her evidence and criticised Lambeth for not having first given ST an opportunity to provide an explanation prior to the notice seeking possession being served. Costs were awarded against Lambeth.

Mark Smulian