evicting a tenant

hejog36

I have a friend who was living with a woman who was then his partner. They lived in a house together which my friend owns. The woman doesn't work because she's (off her rocker!) has mental health problems.

They decided to get a 6 month tenancy agreement from WHSmiths, naming her as the tenant and so allowing her to claim housing benefit for the property. It was not known to the housing benefit authorities that my friend was still living with her as her partner, whilst still being her landlord, he was using another address as his home address.

The partnership split up as she locked him out one night and won't let him back in to reclaim possessions, even when he went round there with the police.

If he goes to the local authorities and tells them what they did regarding the fraudulent benefit claim, what will the consequences be for him? Regarding fines, court. Would it result in him going in prison?

Also, will the tenant be able to be evicted immediately from the property?

theartfullodger

I sincerely hope this crook is sent to jail for fraud.

And did he declare the rental income to the taxman?

As he no longer livers there she now has a valid tenancy. She does not have to allow him into the property.

If I am right only a court order can evict her.

We the tax-paying citizens would like our money back, sharpish!

Serve the little cheating toerag right!

Cheers!

BitterAndTwisted

When was this six-month tenancy agreement signed?

dseventy

hej!!!6 wrote: »

I have a friend who was living with a woman who was then his partner. They lived in a house together which my friend owns. The woman doesn't work because she's (off her rocker!) has mental health problems.

They decided to get a 6 month tenancy agreement from WHSmiths, naming her as the tenant and so allowing her to claim housing benefit for the property. It was not known to the housing benefit authorities that my friend was still living with her as her partner, whilst still being her landlord, he was using another address as his home address.

The partnership split up as she locked him out one night and won't let him back in to reclaim possessions, even when he went round there with the police.

If he goes to the local authorities and tells them what they did regarding the fraudulent benefit claim, what will the consequences be for him? Regarding fines, court. Would it result in him going in prison?

Also, will the tenant be able to be evicted immediately from the property?

Always amazes me that those with "mental health" problems preventing them working, can come up with a fraud plan, get the paperwork, sign it, claim from the state and all the forms associated with this, continue elegibility, and not let on.

Almost makes you think she has no mental issues whatsover.

There are consquences for them both, from a legal, HMRC point of view.

I assume he is trying to sort out the problem he has with his property, and not alert anyone?

Lets just hope they get what they deserve.

D70

neas

I think the landlord is in my trouble.

Just because i had a house and i had a new partner come live me with did not entitle us to claim housing benefit... as she was perfectly housed.

Just the same was as if my wife lost her job.. i wouldn't be able to so why should he.

Am, very glad he has got into this mess because as others has pointed out he has to evict her using the courts... and that takes 2+ months.

And even then she can still shop him for fraud.

Love it.

tbs624

dseventy wrote: »

Always amazes me that those with "mental health" problems preventing them working, can come up with a fraud plan, get the paperwork, sign it, claim from the state and all the forms associated with this, continue elegibility, and not let on.

Almost makes you think she has no mental issues whatsover.

Let's not start off with a go at those who have MH issues: some people are genuinely ill to an extent that maintaining employment becomes a serious issue ( and OP - leave out the offensive slang for those are are mentally unwell)

Look back at what the OP said - it does not sound to me that the fraudulent claim was necessarily entirely the GF's plan. What's to say that she is not "vulnerable" and the OP's mate spotted an opportunity for a nice little earner?

Quite apart from the HB/LHA fraud charges, presumably there will also be Council Tax issues , as well as HMRC to consider. If he has a mortgage on this property and has not sought Consent to Let, he will have deceived his Lender. Does his buildings/contents insurer know?

If the agreement used is an AST (assured shorthold tenancy) then he has granted the GF "exclusive occupation" of the property and cannot evict without a court order. Unless she defaults on the rent payments or circumstances meet one of the other mandatory grounds for eviction, she will be there for a min of 6 months .

OP - the best suggestion is that you don't seek "advice" for this can of worms via an internet forum. Your mate needs professional legal advice as he is clearly in the brown stuff up to his neck.

He can try Community Legal Advice as a start but may want to look at getting a fixed fee interview with a local solicitor.

ILW

At least he may have somewhere else to stay for 6 months or so. Just may be sharing a cell.

mynameisdave

hej!!!6 wrote: »

They decided to get a 6 month tenancy agreement from WHSmiths, naming her as the tenant and so allowing her to claim housing benefit for the property

Not a bright idea, even worse that they have paid Smiths for something that is free online

hej!!!6 wrote: »

If he goes to the local authorities and tells them what they did regarding the fraudulent benefit claim, what will the consequences be for him? Regarding fines, court. Would it result in him going in prison?

Well it is a criminal offence so they both may end up with a record. The best scenario would be no criminal prosecution and having to pay it back. As she does not have a job they will probably go after the friend as he is more likely to be able to pay it back. Although it sounds as if the money would have been paid to her as he is so complicit in it they may go after him instead.

hej!!!6 wrote: »

Also, will the tenant be able to be evicted immediately from the property?

Far from it. Its a fine mess. As already suggested. Proper leagal advice is what the friend needs.

dcems

Fraud = jail.

She will be prosecuted for fraud

He will be prosecuted for fraud

Local authorities are taking no prisoners(lol) when it comes to this kind of fraud. They can expect harsh punishment.

No sympathy what so ever for your friend. he is stuffed.

PasturesNew

Oh dear..... he's right up !!!!!! creek isn't he.

Lance

PasturesNew wrote: »

Oh dear..... he's right up !!!!!! creek isn't he.

I hope so!