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Uncle Fester
09-03-2007, 07:53 AM
My Tenants (Couple with 2 kids), have told me, that they are claiming Housing Benefit, but have told the Council they are separated, to get the HB! :mad:

Only the wife is on the Tenancy.

Where does this leave me? Can the Council take action against me, if they find out?

Thanks in Advance

Poppy
09-03-2007, 08:52 AM
Are you directly receiving the housing benefit payments from the council?

If no, then as far as you're concerned you have an AST agreement with one named person who happens to have a guest and you are receiving rent from that tenant regardless of where it originates from.

I hope you are only accepting rent from the named tenant...

Uncle Fester
09-03-2007, 18:49 PM
It now seem's LA was in on it aswell :(

Bel
09-03-2007, 19:59 PM
I think technically it is an offence not to inform them if you know that their circumstances have changed regarding a claim.

A breach of the Housing Benefit and Council Tax Benefit (General) Ammendment (Number 2) regulations 2003 to be precise.

Tweedle Dum
09-03-2007, 22:24 PM
I would say that you could be party to a conspiracy to commit fraud, if there is such a crime.

tobylaura@btinternet.com
09-03-2007, 23:13 PM
what's your problem? Your're getting rent aren't you?
Anyway, no, they will only prosecute the claimant if found illegal. chill.

attilathelandlord
10-03-2007, 05:37 AM
No tobylaura, if the tenant turns round and says the landlord knew about it, then they will come after the landlord.

I gave notice to a set of tenants for exactly this reason. I won't collaborate with fraud.

You are completely ignorant aout the law regarding housing benefit.

Paragon
10-03-2007, 09:15 AM
Under the latest Anti-Money Laundering Regulations, which all crime can now possibly come under, turning a blind eye can be construed as aiding and abetting. Difficult to prove, but the rule is there never the less.

bill65
10-03-2007, 10:02 AM
In the absence of an express agreement in writing with the BA and the tenant, that the landlord receives the rent, there is no cause of action.( there is no contract upon which to sue)

As regards conspiracy, there is no conspiracy here by the landlord. For, to prove the same, you have to prove that the landlord was in agreement at the time the crime was committed "the act does not make a person guilty unless the mind is also guilty" The “crime” of conspiracy is in the agreement(mens rea)

S1(1) Criminal Law Act 1977 provides:
"...if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either -
(a) will necessarily amount to or involve the commission of any offense or offenses by one or more of the parties to the agreement, or
(b) would do so but for the existence of facts which render the commission of the offense or any of the offenses impossible, [added by S.5 Criminal Attempts Act 1981]

Exceptions
S.2 (2) there can be no conspiracy where the only other person(s) to the agreement are:
(a) a spouse or civil partner; [1] ( because in law a married couple are one person)
(b) a person under the age of criminal responsibility; and
(c) an intended victim of that offense."
Therefore I can find no cause of action on the facts.

over graced
19-03-2007, 19:19 PM
It is theft. Phone crimestoppers or the benefit office. If you are worried, pm me the details and I'll ring crimestoppers.

:)

og