Knowing the law is central to defending allegations of housing fraud
We specialise in defending clients accused of all types of housing fraud. This case shows how important it is have knowledgeable and skilful legal representation when asked to attend an interview under caution.
The facts
Our client’s grandmother was the tenant of an East London council flat for over 30 years. She became frail and needed help with hospital appointments and the like, so our client stayed with her frequently. Sadly, the grandmother died in late 2023. Our client applied to take over the tenancy under the succession provisions which allow the applicant to be given the tenancy of a deceased relative provided they have lived with the tenant full time for at least the previous 12 months. Unfortunately, our client had not used his grandmothers address for any of the usual things such as driving licence, doctors or bank correspondence.
Taking advice
Our client instructed us privately after he received a Notice to Quit his grandmothers flat. Sometime later a letter came from a fraud investigator at the council. The letter said the council suspected he had made a fraudulent succession application by falsely stating that he had lived in the premises for at least a year before the death of the tenant. Further that he had made the fraudulent application to make a gain for himself. They now wished to interview him under caution.
A difficult position
The client was in difficult position. The request for an interview under caution indicated the council were considering investigating offences under the Fraud Act 2006 with the very real danger of a Crown Court trial. Alternatively, they could bring possession proceedings in the County Court. The consequences of both were grave. A possible prison sentence in the first and substantial costs for the second.
The benefit of legal advice
We carefully analysed all the documents provided. The solicitor advised it was very difficult, if not impossible, to establish a right to succeed to the tenancy on the evidence provided. Equally, it was highly undesirable to attend an interview under caution which is the first step in a prosecution. Accordingly, we informed the client that the best way forward was for us to negotiate a settlement. The client would withdraw his application and return the keys. There would then be no interview under caution. The client accepted our advice. The council agreed, and our clients problem was resolved.
If you have been asked to attend an interview under caution call our crime team on
Call 0208 986 8336