Fraudulent behaviour & Gross Misconduct

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    #1

    Fraudulent behaviour & Gross Misconduct

    I have a tenant who has tried to decieve me out of a portion of rent. She deposited a lesser amount into my bank account than the amount she typed into the deposit machine. She later admitted to the bank about this but continued to state to me via email that the correct amount was placed in attaching the deposit slip with the email. The bank wrote to me about it.

    Can I evict her on gross misconduct for this?

    If this is fraudulent behaviour I am wondering if I would have to infrom the Police and the bank.
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    #2
    Originally posted by rich hand View Post
    Can I evict her on gross misconduct for this?

    If this is fraudulent behaviour I am wondering if I would have to infrom the Police and the bank.
    I've never heard the term "gross misconduct" used in connection with a tenancy agreement - it normally refers to (eg)contract of employment as far as I know.

    I think you'd be on thin ice relying on this in court. The attempt at underpaying you in this manner is so blatantly stupid that I doubt it could even count as attempted fraud... if she'd posted £200 cash through your letter box along with a letter stating "please find enclosed £400" then at least it would be a her-word-against-yours scenario, but to try to do it via a bank? Duh.

    I agree I would want to lose ASAP any tenant who tried to pull a stunt like that, but personally I doubt you have anything to use against her other than the arrears of however much the discrepancy was.

    Comment

      #3
      Originally posted by Ericthelobster View Post
      I've never heard the term "gross misconduct" used in connection with a tenancy agreement - it normally refers to (eg)contract of employment as far as I know.

      I think you'd be on thin ice relying on this in court. The attempt at underpaying you in this manner is so blatantly stupid that I doubt it could even count as attempted fraud... if she'd posted £200 cash through your letter box along with a letter stating "please find enclosed £400" then at least it would be a her-word-against-yours scenario, but to try to do it via a bank? Duh.

      I agree I would want to lose ASAP any tenant who tried to pull a stunt like that, but personally I doubt you have anything to use against her other than the arrears of however much the discrepancy was.
      Yes there probably isnt a case for gross misconduct in tenancy, I may have been getting mixed up. Thanks for you reply.

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