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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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can i be prosecuted by a council for fraud for obtaining a

Customer Question

can i be prosecuted by a council for fraud for obtaining a council flat as three years later when i put in a right to buy found out i am still on a joint tenancy with an ex partner housing association ] that i new nothing about.On my application to buy i put down that i had lived there approx 4 years with my ex partner who to them to say i had left and to take me off the tenancy.the housing association first said i never had a tenancy-- then i signed age fourteen -- they now say i did signe giving a specific date that souds about right and am still on the tenancy but they cant find the tenancy agreement.i left about 15 years ago the main thing is i am being harassed to meet under caution even them to come to my home and have been given possession and eviction notices all this is making me ill and have to take time off wok . how much can i earn and still receive legal aid ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Jo C. :

Hi. Thank you for your question. My name is Jo and I will try to help with this. Have you met with them yet or not to discuss this?

JACUSTOMER-r2xniks0- :

many emails have been sent back and forward the council are aware of what i have told you.immediatly they found out about the other tenancy they put me straight through to fraud dept,without any communication first with me.i am frightened to meet under caution as they have mentioned prison .they should have asked me first about it but did not i also got a text saying i was committing fraud it went out to only the tenants under the fraud scheme asking them to hand in keys or be prosecuted

Jo C. :

Sorry, can I just check I understand this?

Jo C. :

You applied for a council flat when you were still a joint tenant on another flat? Didn't they pick that up?

Expert:  Jo C. replied 2 years ago.
Hi

Can you respond now?
Customer: replied 2 years ago.

not picked up by council had housing ass. before that and another council house in leeds before that no one noticed it

Expert:  Jo C. replied 2 years ago.
They have to prove dishonesty to prove fraud.

Overall, this would seem to be an oversight. I haven't had full vision of the case and the evidence but if that is the extent of it then I think that could reasonably be described as a mistake rather than fraud. Apart from anything else there is no particular benefit in it for him and it would have been easy enough to be removed from that tenancy.

however, if you don't go in to be interviewed they will just summons you to court. Obviously sometimes that is the right thing to do, in particular, where there is no defence. That is not your position though. You do have an account to give and realistically should be attending to offer it. If you don't and they summons you then you can still rely on that defence but you would probably prefer to avoid prosecution.

You may be prosecuted anyway but we are dealing in risk management rather than trying to stamp out risks entirely.

Can I clarify anything for you?

Jo

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