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Investigation for sub-letting


ks1965
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hello

I am suspected of housing fraud. my property was empty for a few years and on several occasions I let a cousin of mine use the flat for a few days. I have since handed back the property. if I were to be investigated for fraud as I was told by the council, how long does it take for a housing fraud investigation to commence and an interview under caution is issued?

thank you

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Hi,

Is this Housing Benefit Fraud investigation?

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Without giving out too much, which part of the UK are you?

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3-5 days a year, and no he didn't pay me , he was visiting the uk.the last time was this September. they must have seen him going. I was told that the law with regards to sub-letting changed in October. Do you know if law is retrospective?

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Do you know if law is retrospective?

 

In general, laws are not retrospective. There are one or two exceptions that spring to mind:

 

  • 1954 - Wireless Telegraphy (Validation of Charges) Act
  • 1991 War Crimes Act
  • 2013 Job-Seekers (Back to Work Schemes) Act

Based on what you have said to date, allowing a guest to use a property for a few days free of charge does not constitute sub-letting (in my opinion). Unless the council have concrete evidence of regular sub-letting for a sustained period, it is unlikely they would try to bring a case.

 

They might try to claim council tax for the period in question, but not for a few days use.

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I am assuming this is a council property, yes?

 

You left the property empty for several years.

 

As this wasn't your primary residence at the time, the property should have been handed back. Perhaps this is what it is about.

 

A case of wait and see.

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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thank you all. I handed back the property last month. can they take me to court for leaving the property vacant?

also if they have a case how long will it take to request an interview with me? sorry for my many questions but I am at loss here.

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Here is an example of a LA tenancy agreement which clearly says that a condition of the tenancy is that the property is your only or main home/residence so you may well find that you have broken the conditions of your tenancy.

 

What they can do about that breach now though, I am not sure. That agreement says they can evict you, which obviously isn't an action open to them now! I assume you paid the rent in full yourself while it was empty? And council tax etc.

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