Tenant gave false reference, a criminal offence?

HappyMJ

arlee wrote: »

Thanks for all...

Just wondered is there any solicitor out here can give some comments on the FRAUD as police insists that my tenant is not a fraud, unless I can prove he has gained something apart from the tenancy and caused losses (again except the unpaid rent) from his false representation.

It's very hard to prove and if the police are not interested then that's the end of the matter. Anyway, the most he would get is a verbal caution. It's not really worth the police time.

DVardysShadow

arlee wrote: »

Thanks for all...

Just wondered is there any solicitor out here can give some comments on the FRAUD as police insists that my tenant is not a fraud, unless I can prove he has gained something apart from the tenancy and caused losses (again except the unpaid rent) from his false representation.

Not a solicitor. But it seems to me that the legal advice from the police is about right for once. I reckon a blind monkey probably defend your tenant from the fraud charge by showing he had paid his rent for a while, that the rental contract had rolled on, you were happy to let it roll to 18 months and that the tenancy at the present time is dependent upon your assessment of the tenant's past performance - and even if this was less than perfect, you had ample opportunity to get rid. So your losses are a straightforward breach of contract and therefore civil.

jjlandlord

That's be for a solicitor to advise on, and for the CPS to decide on.
From the CPS link I provided above:

The defendant:

• made a false representation
• dishonestly
• knowing that the representation was or might be untrue or misleading
• with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.

The offence is entirely focused on the conduct of the defendant.

IMHO there no need to cause an actual loss.

In any case, not worth pursuing if police uninterested.

poppysarah

clutton wrote: »

he has obtained a tenancy by deception.

He has obtained a tenancy by the failure of the person who should have checked the reference.

Yorkie1

jjlandlord is correct. The police are wrong in what they tell you about the elements of fraud. There is no requirement for actual gain, nor for actual loss. The risk of loss is sufficient.

There is also the offence of making or using a false instrument, which they have completely overlooked.

But if they refuse to act, even if you go to a senior officer and complain about the constable's misinterpretation of the law, there's not much you can do about it.

I'd certainly try a formal complaint about the police's inability to understand the law, but be prepared for them to ignore it.

There is no offence of obtaining something by deception since 2006.