Background: the risk of second property ownership
Moss & Co was instructed by a professional client who had held a Central London Council tenancy for over 20 years. During her tenancy, the client had successfully maintained a career in the professions, enabling her to purchase a buy-to-let property in Kent as a commercial investment.
Crucially, the acquisition of this investment property did not constitute a breach of her original tenancy agreement. However, upon submitting a Right to Buy (RTB) application in 2024, the Local Authority’s fraud department initiated a rigorous investigation.
The investigation
The Council’s scrutiny extended beyond property records to include private medical data, which linked the client to a third property in Kent owned by her partner. The investigation involved:
- Unannounced site visits. Housing officers conducted early-morning visits to the London flat, noting the client’s absence.
- Digital footprint analysis. The Council tracked parking records via apps such as JustPark and RingGo, alongside the status of her London resident’s parking permit, to build a case that she was not occupying the London flat as her “main and principal home.”
- Interview under caution. The client was initially invited for an “informal discussion,” which rapidly escalated into a formal Interview Under Caution.
Realising the gravity of the questioning regarding her daily habits and parking history, the client wisely paused the interview to seek specialist legal representation from Moss & Co.
The legal intervention
The client’s primary concern was the potential for criminal or civil fraud proceedings, which would have had catastrophic consequences for her professional standing and career.
Narinder Moss took immediate control of the matter, engaging in high-level negotiations with the Local Authority. Recognising that the Council’s investigation had created a precarious position for the client, our team proposed a strategic surrender of the tenancy.
By managing the dialogue with the Council’s fraud team, we successfully negotiated a settlement: the Council agreed to take no further action and bring no criminal charges, provided the client vacated the property within a two-month period.
The outcome
This intervention allowed the client to:
- Avoid a criminal record, ensuring her professional career remained untarnished.
- Halt litigation, preventing a costly and public legal battle with the Local Authority.
- Achieve finality, securing a formal agreement of “no further action.”
Key insights for tenants under investigation
- Never attend an Interview Under Caution without a solicitor. What may begin as an “informal chat” can quickly lead to criminal charges.
- The breadth of council disclosure. Local Authorities now utilise parking apps, medical record links, and morning door knocks as standard investigative tools.
- Bespoke council procedures. There is no uniform method for fraud investigations; each London borough operates with its own specific policies and dedicated teams.
- The value of negotiation. A solicitor with experience in Local Authority relations can often negotiate a civil resolution — such as a surrender — that avoids the devastation of a criminal prosecution.
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.