Housing Benefit Fraud

[TheOtherHalf]

A friend of ours has been renting out a small house which was left to him in a will, but the tenant has been unable to pay any rent for months. I think at first he was paying him a bit at a time but then stopped. From what I understand hes now not even living at the property as he told the neighbour someone else was after him for money also. So the house is empty which is at risk from burglary etc. Our friends entered the property to see if it had been `abandoned` in which case they could evict him, but there are still items of electrical equipment etc and stuff in the locked garage. He also found some opened letters on the kitchen worktop which said that the tenant is claiming housing benefit for this property. This infuriated him but is a bit frightened of reporting him in case he comes back and does damage to the property. He is now thinking of issuing and eviction notice which will of course cost him money, but he has to find out where he is living and thinks it may be at his parents since his wife and kids left him, but doesnt know the address.
I feel like reporting this without him knowing as I feel I am going behind his back and he may not like it, but Im so mad with this person myself, as his landlord is a really lovely person and was very good to them when they first moved in.
What would you do ?

[pixie373]

Could you ring and ask for general advice, without giving the name and address at this stage? Then your friend will know the possible consequences and can decide from there

[jackthehat]

He is only committing HB Fraud if he is *not* entitled to claim it, i.e. he's earning more than the maximum allowed to qualify him to claim.

If he *is* entitled to claim but is not passing it on to his landlord, that is another matter and the HB department won't be interested, I'm afraid.

I think your friend needs to speak to a Solicitor specialising in Tenancy problems.

[TheOtherHalf]

Thanks both. But surely if he is claiming his rent for somewhere he is not living at, and staying perhaps at his parents, possibly rent free, that is fraud

[jackthehat]

If he is 'officially' at the address [even if he is not living there] it is difficult to determine.

Once his tenancy agreement ceases, he hands back the keys, removes *all* of his stuff........then he'll be committing an offence. At the moment, he could claim that he is staying somewhere temporarily and will be returning to the property.

Perhaps looking for details on how HB is awarded and if there is a 'cut-off' point for how long you are allowed to be absent from a property before HB is cancelled might be an idea. But if your friend wants this person out, it may be best to seek proper legal advice.

[atalanta]

The Citizens Advice Bureau will be able to advise. I had a similar problem where a tenant left stuff in my home and garage and went off incommunicado. I did everything I could to contact her, and eventually gave up, and kept her goods to pay ( a bit towards) what she owed me. I didn't sell anything for 6 months, but a defaulting tenant has no right to hold on to a property which could be rented out to someone reliable. The house/garage can be emptied and goods stored elsewhere for a few months until the goods' owner collects them ( which could be on payment of back rent) or until they are regarded as abandoned. The landlord can break a lock or padlock in such circumstances. The landlord has changed the locks, I presume ?

[EDDIE51]

How long has the place been empty ? If I was the landlord I would write to the housing benefit office that the tenant is dealing with and tell them that you as land lord have checked the property and found it empty. The tenant will get the benefit stopped. I would then see a solicitor and issue the eviction notice as soon as possible. I assume that there is already a backlog of unpaid rent so the landlord has grounds for eviction ?
Sorry but this is what happens if the landlord is being 'too nice for his/her own good' . Your friend should have issued a formal warning as soon as the rent stopped.
As to address, from what you have said the house is the tenants official address , so that is where the eviction notice should be served. If the tenant does not see it then it is not the landlords fault.
Serve the notice by leaving it at the house and as soon as the notice period is up then change the locks .
it is not down to the landlord to spend time looking for runaway tenants , just serve the notice to the house it applies to.

[EDDIE51]

Thinking about it I would change the locks immediately , the house is empty and as landlord you need to protect your property. IF ! the tenant turns up then he can try to reach a compromise with your friend about getting the house back.
But I strongly suspect he will not show his face.

[TheOtherHalf]

Lots of great advice to pass on thanks all. Its been heard on the grapevine that he is now in a council house but if this is so, why is all his stuff, including 2 kids bikes in great condition, still in the garage and how can he find out where is his. he surely cannot now claim benefit for this property as well as the new one. He is getting the locks changed this weekend and has left a message on his phone that all his belongings are in the locked garage and he is to come to him for a key if he wishes to collect them. He certainly is `too nice` to be a landlord. He wants to be everyones friend which isnt always good is it

[Peter Pedant]

Yeah change the locks
this is a bit of late post
and tell the fella where his stuff is and that he can come and get it by appointment. Digitally photo graph everything - it doesnt cost anything.

He also needs to tell the HBD dept that he isnt getting the rent and that he thinks there may be fraud - and that is why he is telling them immediately.

get the meters read and send off the readings telling the leccy and gas where he is to be found. From change of locks day he is responsible of any gas or elec consumption

Council tax - since the house is now empty.