November 28, 2019
Unlawful Subletting Profit Order for £100,974.94 The news that a defendant was ordered to pay to pay Westminster City Council £100,974.94 has attracted attention from the BBC and national newspapers. However almost all the reporting described the penalty as “a fine”. This is a fundamental misunderstanding of what happened. The order was for repayment of […]
Read MoreDecember 12, 2018
Landlord not guilty of any offence in Houses in Multiple Occupation prosecution Our landlord client was being prosecuted by summons for various offences under the Hosues iN Multiple Occupation Regulations. They had let a two-bedroom flat to a couple who had in turn, without the landlords knowledge, sublet to up to 12 people. The matter was […]
Read MoreSeptember 22, 2016
Tenancy Fraud There has been a recent drive to tackle tenancy fraud and to recover secure tenancies and assured tenancies (those social tenancies managed by Housing Associations). We have seen an increasing number of interviews under caution (formal interviews as part of a criminal investigation) being carried out in relation to alleged tenancy fraud. Understanding […]
Read MoreFebruary 24, 2015
Defending Social Housing Fraud cases The Social Housing Fraud Act became law in 2013. We were expecting a wave of possession claims, prosecutions and applications for confiscation of profits. What was expected to be a flood turned out to be a trickle – until now. In the last few weeks we have noticed a sharp […]
Read MoreJanuary 7, 2014
Life on Benefits Cuts Street This TV program seemed as if it had been chosen, produced and directed by George Osborne himself. He must also have arranged the scheduling. No sooner had it finished its selective tour of the hard up occupants of the 99 houses than the chancellor himself pops up demanding that half the future cuts […]
Read MoreOctober 24, 2013
Housing fraud act may make criminals out of sub-tenants The government claim that as of 2012 there were some 100,000 Council and Housing Association properties that were unlawfully sublet. There is an acute housing shortage. Many tenants may have been pushed into accommodation which, because of the new law, could lead to criminal charges. The […]
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October 8, 2013
Bedroom Tax It has spawned court appeals from disabled people and prompted human rights concerns from the UN. Labour has promised to reform it, 59 per cent of the public want it scrapped and the Liberal Democrats are growing increasingly uncomfortable with it. The infamous ‘bedroom tax’ – which came into force in April will […]
Read MoreSeptember 23, 2013
In a recent case, a landlord decided they wanted their property back on the expiry of an assured short hold tenancy. They issued possession proceedings under the accelerated procedure. A £600 deposit, which had been placed in an approved deposit protection scheme, had been paid at the start of the tenancy. The schedule of the […]
Read MoreAugust 2, 2013
The Landlord instructed Moss & Co just two days before the initial possession hearing. The Landlord had initially issued possession proceedings themselves under Ground 8 in relation to rent arrears. The tenant had defended and counterclaimed for disrepair. The Counterclaim was going to delay the grant of possession for many months as the Court would […]
Read MoreJuly 14, 2013
The UK’s criminal defence service has rapidly-evolved in recent years (hyperlink to crime blog part one) as a result of a number of factors, including legislative changes and the Government introducing competition into the market. As the profession has changed, a culture has also developed in which criminal defence is increasingly perceived as being a ‘free’ service. […]
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