Benefit Fraud By Proxy?

Charlotte_Pradella
Charlotte_Pradella Posts: 4 Newbie
First Post
edited 7 May 2020 at 9:55PM in Benefits & tax credits
Hello Guys,

I am looking for a little bit of advice. About two years ago an agreement was made between me and a family member to move into a two-bedroom house together.

A few weeks after the tenancy was signed this family member decided that this person that they were casually "hanging out" with was their girlfriend/boyfriend...

This "friend" for some reason decided to let their job slide and not bother to fill out any paperwork to claim any benefits to make up for not earning money...

The looming eviction of this "friend" really upset my family member and they decided that it would be best to let them move into the house...

I reluctantly agreed as the tenancy had already been signed by the family member and all of my stuff had been moved into the house...

I am not a joint tenant with this family member, I am living under their tenancy. 

From my analysis of the situation...it seems to me that these two people had come to an agreement before to use me to get a 2-bedroom house with quite a nice and rather large garden.

Given their behaviour towards me for the past year and a half it seems that they are trying to get me to leave so they can have the house all to themselves.

I don't see why they should have a free council house with a large garden in quite a nice area when there are families with children stuck on the waiting list or people going out to work everyday to pay the mortgage to keep their claws in a house for their children or grandchildren to enjoy.

I did not know that this "friend" was going to be moving in until some time after the tenancy was signed by this family member and all the stuff was moved into the house.

What trouble would I get in if I was to report her and her "friend" to the Department for Work and Pensions as well as the Landlord who owns the property?

Thanks
Charlotte





Comments

  • tomtom256
    tomtom256 Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    So what benefits are they defrauding or are you saying it's tenancy fraud?
    It isn't clear from the post.
  • elsien
    elsien Posts: 35,523 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 May 2020 at 10:31PM
    If you're not on the tenancy, how have they used you to get a two bedroom house? It sounds as if your family member was given the tenancy in their own right.
    And if you're not on the tenancy agreement then they do have the right to tell you to leave. 
    Your post is quite confusing.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,032 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    If you are perceiving the full situation correctly then it sounds like morally they've not treated you fairly and you probably have every right to be miffed, but if nobody's claiming any benefits and you're not on the tenancy then legally I'm not sure there's anything wrong.

    If they force you out then they're going to have to find a way of covering what you're currently paying towards the rent. You also say it's a council house but you have a landlord?
  • Charlotte_Pradella
    Charlotte_Pradella Posts: 4 Newbie
    First Post
    edited 8 May 2020 at 1:01AM
    tomtom256 said:
    So what benefits are they defrauding or are you saying it's tenancy fraud?
    It isn't clear from the post.
    They are claiming Universal Credit which is giving them a basic income as well as some money to cover some of the rent.  Their "friend" who they moved in is claiming Universal Credit as well but without the Housing payment as they have declared themselves as No Fixed Abode.
    It could possibly be both Benefit and Tenancy Fraud, I am not sure.
    The Department of Work and Pensions doesn't know and the Housing Association doesn't know.
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,032 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    edited 8 May 2020 at 12:49AM
    tomtom256 said:
    So what benefits are they defrauding or are you saying it's tenancy fraud?
    It isn't clear from the post.
    They are claiming Universal Credit which is giving them a basic income as well as some money to cover some of the rent.  Their "friend" who they moved in is claiming Universal Credit as well but without the Housing payment as they have declared themselves as No Fixed Abode.
    It could possibly be both Benefit and Tenancy Fraud, I am not sure.
    The Department of Work and Pensions doesn't know and the Housing Association doesn't know.
    Oh right. In that case they need to do a joint claim as they're living together, though they probably will not get any more money in the housing element anyway as it's social housing.

    I don't know if you're allowed to change usernames but it probably wasn't the best idea using what appears to be your real name, FYI, if you do decide to tell the DWP about them living together.

    Edit: so is it a council house or a Housing Association house?
  • Charlotte_Pradella
    Charlotte_Pradella Posts: 4 Newbie
    First Post
    edited 8 May 2020 at 1:00AM
    elsien said:
    If you're not on the tenancy, how have they used you to get a two bedroom house? It sounds as if your family member was given the tenancy in their own right.
    And if you're not on the tenancy agreement then they do have the right to tell you to leave. 
    Your post is quite confusing.
     
    I am named as living in the house under their tenancy.

    The Landlord is a Housing Association. Council Housing under the control of a social housing association.
    The family member got the house because I bid on it through the social housing bidding website.
    I bid on the house because it was what they wanted me to do and as I needed to move I did as they asked of me.

    The home bidding application was in my name set up to include them, so I think that would make it a joint housing application.

    The Housing Association weren't keen on the idea of a joint tenancy.

     The social housing landlord decided as the family member was older and already had history with them as one of their tenants that they would be the named tenant on the tenancy of the house and I would be living under their tenancy. 
    Things were changed around to make the Housing Association happy for the property to be rented out.
    Social housing bidding website on a property owned by a housing association. 
  • tomtom256 said:
    So what benefits are they defrauding or are you saying it's tenancy fraud?
    It isn't clear from the post.
    They are claiming Universal Credit which is giving them a basic income as well as some money to cover some of the rent.  Their "friend" who they moved in is claiming Universal Credit as well but without the Housing payment as they have declared themselves as No Fixed Abode.
    It could possibly be both Benefit and Tenancy Fraud, I am not sure.
    The Department of Work and Pensions doesn't know and the Housing Association doesn't know.
    Oh right. In that case they need to do a joint claim as they're living together, though they probably will not get any more money in the housing element anyway as it's social housing.

    I don't know if you're allowed to change usernames but it probably wasn't the best idea using what appears to be your real name, FYI, if you do decide to tell the DWP about them living together.

    Edit: so is it a council house or a Housing Association house?
    My username isn't my real name. Housing Association.
  • TELLIT01
    TELLIT01 Posts: 17,785 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    If you are in receipt of benefits and have always informed DWP of any change in your circumstances there is no fault on your part and therefore no benefit fraud being committed by you.  If the other family member was claiming as a single person and didn't inform DWP when their partner moved in they have been committing benefit fraud from that date, and continue to do so.  There is no legal requirement for you to report them and I can understand the difficult position you may feel you are in.
  • elsien
    elsien Posts: 35,523 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 May 2020 at 10:15AM
    So you are down as a permitted occupier? 
    In that case they don't need to use their behaviour to drive you out, the family member could just ask you to leave. 
    What outcome do you actually want from all this? Revenge? The other person to leave? Is this at all likely after 18 months?
    It seems to me that things could continue to get more uncomfortable for you depending on the course of action that you take and you need to be realistic about how things could potentially pan out. 
    As an aside, you are not legally responsible but if  you've been turning a blind eye to benefit fraud for that length of time, you don't have a huge amount of moral high ground to stand on. 

    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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