Covid rent reduction fraudulently obtained?

Covid rent reduction fraudulently obtained?

9:58 AM, 22nd January 2024, About 10 months ago 38

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Hello, Some weeks into lockdown, after regulation in relation to tenancy agreements were changed and landlords were not permitted to serve notice to quit, my tenant requested a rent reduction.

Citing that his mental health was suffering due to living alone and he wanted to move back in with his parents for the duration of the pandemic.

I agreed to this even though his income was not affected as he was a mature student supported by his parents, and his parents were guarantors for his rent.

Three months later, when informing him that I was going to check on the flat in his absence, he informed me that he hadn’t moved out. It therefore transpired that he had obtained the reduction on false pretences and never had any intention of moving to be with his parents.

A quick search on social media revealed postings from him in which he had mocked me for being naïve enough to agree to the reduction referring to ‘My stupid f—-g landlady. I can’t breathe for laughing’ and other malicious toned postings (all of which I retain screen shots of).

He ended the tenancy voluntarily before the end of lockdown and at the time I didn’t attempt to reclaim the covid reduction as I was just relieved to see him gone.

However, I am now considering pursuing his father for the outstanding amounts due to the fact that the reduction was fraudulently obtained.

Would this be possible?

Thank you,

Helen


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GlanACC

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16:51 PM, 22nd January 2024, About 10 months ago

Reply to the comment left by Ian Narbeth at 22/01/2024 - 16:38
You have just stated the parents defence 'we were not aware of the son being in rent arrears' and 'you didn't inform us about it until after he had moved out' and 'we have no idea where he is now so its your word against his'. Case dismissed

Dennis Forrest

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17:23 PM, 22nd January 2024, About 10 months ago

Reply to the comment left by Ian Narbeth at 22/01/2024 - 16:15My point was, I should have made it clearer - I know you are legally correct and in an ideal world the police should investigate. But we are where we are and I am fairly certain the police will not want to get involved with what they regard as a trivial matter but rather than saying the true reason to the complainant they will tell a fib and use the excuse 'We regard this as a civil matter' Any spare police time might well be spent more productively on the Michelle Mone PPE scandal or even just investigating and intending to burglaries, many of the victims never even getting a visit from the police.

Helen

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17:35 PM, 22nd January 2024, About 10 months ago

Reply to the comment left by GlanACC at 22/01/2024 - 16:51
Oh they knew al right - I phoned the father at the time and told him directly 'I don't see why my hard working daughter should be subsidising your ____ son. I got the feeling at the time they knew that he was problematic but didn't quite want to believe to what extent.

Helen

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17:41 PM, 22nd January 2024, About 10 months ago

Reply to the comment left by Dennis Forrest at 22/01/2024 - 17:23
That is very true, but still looking into the options and grateful for all suggestions on this forum.

Helen

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18:09 PM, 22nd January 2024, About 10 months ago

Reply to the comment left by Ian Narbeth at 22/01/2024 - 16:38
Thank you Ian. A further factor was as follow:. Prior to covid tenancy regulation this tenant was not problematic. Am experienced in property managing and ensure that all landlord regulation is adhered to (hence why my daughter entrusted me with her little flat) There were no complaints from this tenant until the emergency regulation came into force. I fully understand and support the reasons for the regulation - families at risk of homelessness due to job cuts. However 'one size doesn't always fit all' my daughter's opportunist tenant became vexatious and aggressive - complaining that 'there was a banging sound in the toilet' when a plumber attended he retracted this. Demanding an emergency gas engineer, who when called out, the tenant refused enter. Only then belatedly, did I check his twitter account and realised what a total _____ he really was. So yes, there is the need to take a business like approach to this matter, but equally a stand sometimes needs to be taken. We'll see ....

Cider Drinker

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0:21 AM, 23rd January 2024, About 10 months ago

Don’t spend a fortune chasing it but I’d give it a go.

Karma will do its thing eventually but sometimes, it needs a gentle nudge.

Helen

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10:25 AM, 23rd January 2024, About 10 months ago

Ah Karma yes. Hope he one day gets a big bruiser of a landlord that takes no prisoners!

Helen

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20:56 PM, 23rd January 2024, About 10 months ago

Reply to the comment left by Ian Narbeth at 22/01/2024 - 16:15
Thank you Ian, have just read the Fraud Act 2006 and it would appear that I have a case.

Ian Narbeth

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11:31 AM, 25th January 2024, About 10 months ago

Reply to the comment left by GlanACC at 22/01/2024 - 16:51
I have been away for a few days so this is a late reply to your incorrect statement.

It is no defence to a debt claim that (a) the guarantor was unaware the tenant was in arrears or (b) that the landlord did not tell the guarantor until after the tenant moved out. If either of your propositions were true it would mean almost all claims for arrears would fail.

GlanACC

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11:38 AM, 25th January 2024, About 10 months ago

Reply to the comment left by Ian Narbeth at 25/01/2024 - 11:31
How many landlords do you know actually get the arrears paid that are awarded by the court. I bet it is much less than 50%. I would still take the tenant to court though but only for £300 as this only costs £35 and will result in a CCJ

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