Tenant information supplied-Fraudulent

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenant information supplied-Fraudulent

    If I have found out subsequently to starting an AST with a tenant that the reference information & personal information is fraudulent can I pursue this as a criminal matter?

    Specifically, I had a credit check done and asked for previous landlord and employer reference. Whilst the credit check didn’t spot it due to no credit being taken out previously by the tenant, I have proof that they lied about their date of birth by 3 years! I am a family historian and can find such information out! Although stupidly didn’t think of it at the time, because I thought the credit check would have spotted! Also, I now have reason to suspect they fraudulently made up the previous landlord name and or forged signature.

    Could I say to them that as well as pursuing through civil action lack of payment that I will also pursue criminal action by way of s.15/16 of the Theft Act 1968, as amended by subsequent legislation, in that they have obtained property (or pecuniary advantage) by deception?

    Is this possible?

    Thanks again - Andy!

    #2
    1. Yes- it is a criminal offence, under Theft Act 1968 or new Fraud Act 2006.
    2. Also, it is a [discretionary] ground for possession under Housing Act 1988- ground 17 (L induced to grant tenancy by false statement made knowingly/recklessly by T or person acting at his instigation.)
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Tenant information supplied -Fraudulent

      Jeffrey, many thanks. Would you advise mentioning to the tenant when/if I see them this weekend to see if this acts as an incentive for them to either pay rent arrears or go?

      If I wanted to pursue this angle further what is the best course of action? solicitor or direct to police?

      Thanks
      Andrew

      Comment


        #4
        Originally posted by turnera View Post
        Jeffrey, many thanks. Would you advise mentioning to the tenant when/if I see them this weekend to see if this acts as an incentive for them to either pay rent arrears or go?

        If I wanted to pursue this angle further what is the best course of action? solicitor or direct to police?

        Thanks
        Andrew
        You can follow either or both courses of action. If criminal, tell Police (who might, or might not, be interested). If civil, serve s.8 Notice (g17 and whichever of g8/10/11 apply too).
        If you discuss this with T, be careful. DO NOT threaten, DO try to have a netral third party present, and know that whatever you say will be twisted around and quite possibly used against you by T to sue you or prosecute you for harassment.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Tenant fraudulent info & conned before

          Given that I have found that they lied about whom their previous landlord & owner i.e. made them up, what can I do? I have served S21 and going to serve S8. However, I have evidence that they have conned their previous landlord and done this before? I am awaiting to speak to this landlord but have spoken directly to builder of the property whom said they did this before, i.e. false info , and then they stayed as long as they could without paying rent.

          Should I see if the previous landlord will give evidence? Should I tell the tenant I know this? Can I go for criminal action based on this?

          I feel morally that they shouldnt be able to do this time after time especially, when I am providing a very new apartment which is well furnished and maintained.

          Any help or thoughts ,as I am seeing them (hopefully) on Saturday 4 th August.

          Thanks again
          Andy

          Comment

          Latest Activity

          Collapse

          Working...
          X