Background: the intersection of family dynamics and housing law
Moss & Co was instructed by a long-standing Local Authority tenant in East London who had occupied her property for over 15 years. As a single parent suffering from severe arthritis, the client had previously sought a housing transfer on medical grounds due to the physical unsuitability of her residence.
Following the death of her estranged husband, the client inherited a share in his property. Upon submitting an application to exercise her Right to Buy (RTB), the Local Authority initiated a formal fraud investigation.
The allegations
The investigation was triggered by discrepancies between the client’s application and Land Registry records. The Local Authority alleged that:
- The RTB property was no longer the client’s “only or principal home,” a statutory requirement for a valid application.
- The property had been unlawfully sublet, suggesting the client was residing at her late husband’s property with her adult children.
- The client had potentially breached the Prevention of Social Housing Fraud Act 2013.
The Council conducted an intrusive review of the client’s private affairs, including scrutiny of bank statements and mobile phone records.
The legal strategy
Recognising the risk of criminal prosecution and the loss of tenancy rights, Narinder Moss led the defence. The case required a nuanced explanation of complex family arrangements and cultural expectations.
Our legal team engaged in rigorous negotiations with the Local Authority, clarifying that the client’s frequent attendance at her husband’s home was necessitated by his ill health and cultural family obligations, rather than a surrender of her primary residence. By providing a comprehensive narrative backed by evidence, we addressed the Council’s suspicions regarding the Land Registry findings.
The result
Following our intervention, the Local Authority formally concluded that no fraud had been committed.
While it was ultimately determined that the tenancy should be surrendered due to the property’s unsuitability for the client’s physical disabilities, the threat of criminal proceedings was entirely removed. The client avoided the life-altering consequences of a fraud conviction and the substantial financial penalties associated with Right to Buy litigation.
Guidance for tenants facing RTB investigations
This case highlights the stringent approach Local Authorities now take toward Right to Buy applications:
- Stringent background checks. Local Authorities possess sophisticated data-matching capabilities. They routinely access Land Registry data, credit files, and social media to verify residency claims.
- The burden of disclosure. It is imperative that all interests in other properties are disclosed at the outset. Failure to do so is often interpreted as an intent to deceive.
- The right to legal representation. Local Authorities are under no obligation to provide disclosure to unrepresented tenants during an investigation. Instructing a specialist solicitor early is the only way to ensure you understand the evidence held against you.
- The “main and principal home” test. This is a complex legal standard. Even if your absence from a property is due to care-giving or family illness, it can be misconstrued as an abandonment of your tenancy.
Facing a Right to Buy investigation? Contact us immediately
We have extensive experience in tenancy fraud cases and act for clients at every stage — from the first letter from the council through to trial. If you have been asked to attend an interview under caution it is essential that you take legal advice before you go.
At Moss & Co we are experts in both criminal law and housing law, which means we can advise on the full picture — including any related benefit fraud allegations. Legal Aid is available subject to means. Call us on 020 8986 8336 or use the contact form to speak to a specialist.