Landlord and Tenant Cases
Two types of subletting fraud
September 12, 2024
Moss & Co.’s criminal and housing law skills benefit clients in two distinct types of subletting cases. An old saying goes: The proof of the pudding is in the eating. If you are facing an allegation of unlawful subletting under The Prevention of Social Housing Fraud Act 2013, we suggest you dine with us. In […]
Read MoreTenancy succession and an interview under caution
September 5, 2024
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 […]
Read MoreNo case to answer – where defendant had knife on shared balcony.
November 18, 2023
Background A shared balcony is not a public place. Or so we argued. The surest way to win a case is to have the case dismissed before it reaches a jury. One way to achieve this is to carefully consider whether the prosecution can prove all the elements of their case, and if not, submit […]
Read MoreNot Guilty Verdict in County Lines Cocaine and Heroin Conspiracy.
November 7, 2023
THE DRUGS CASE This case is about a sophisticated high value conspiracy to supply heroin and crack cocaine. Our client was alleged to be involved in a ‘county lines’ operation to sell these class A drugs. There were five defendants. The prosecution said our client played a leading role. They claimed he was the main […]
Read MoreCrime: do privately paying clients get better results?
June 19, 2023
A client who is charged with a crime faces one of the most difficult events of their lives. The feelings of unfairness and helplessness can surpass divorce and bereavement in the levels of stress and unhappiness they cause. This is even more so when the allegation is incorrect, and the client wishes to enter a […]
Read MoreNot Guilty verdict in firearms case at Wood Green Crown Court
August 7, 2020
Defendant accused of stalikng and harrassing someone who claimed to be only an an acquaintance acquitted after Moss & Co show that there had been a long term relationship all along.
Read MoreA difficult hackney council flat succession case.
March 25, 2020
You can succeed to your parents council tenancy We are often asked if the son or daughter of a council tenant can succeed to their parent’s council tenancy when they die. Succession cases can be difficult but the answer is that a family member can succeed providing: They have lived in the premises for at […]
Read MoreUnregistered deposit floors possession claim
March 13, 2020
£70 deposit paid in 1999 saves tenant from eviction Our client occupied a room in a building containing 25 rooms with shared facilities for a kitchen The premises were run by the Polish Women’s Benevolent Association and the client first moved into the premises on or about September 1999 when she gave a deposit of […]
Read MoreTenant wins possession case because the right documents had not been served at the start of the tenancy.
March 6, 2020
Posasession cases can be won on technical defences Our client was renting from a private landlord. The landlord decided they wanted our client to leave. However, there are very strict rules about the information a landlord must give at the start of a tenancy. If they fail to do so they may not be able […]
Read MorePossession claim defeated where council claimed subletting.
March 3, 2020
Tenant shows that flat was his main and principle home. In this case the London Borough of Hammersmith and Fulham issued possession proceedings against the client alleging that the client had been in breach of Section 93 of the Housing Act 1985. Further that the client had failed to use the premises as his main […]
Read MoreAnti-Social behaviour claim for possession. Win for council tenant.
February 28, 2020
Council fail to evict disabled client who had done no wrong. In this case possession proceedings were issued by the London Borough of Haringey against the client. They said that her children were encouraging groups of boys to congregate on the estate. Further that these boys were involved in anti-social behaviour such as playing loud […]
Read MorePossession claim dismissed despite long absence abroad
February 21, 2020
Client, abroad for years, showed that her flat was still her main and principle home. Our client was the tenant of a large housing association. She had resided in the premises since October 2006. Possession proceedings were issued alleging that she had been subletting her premises and had not been living there. A long stay […]
Read MoreSuccession case win for council tenant
February 18, 2020
The benefit of legal advice if you want to succeeed to a council tenancy The client had resided in council premises with his mother for over 30 years. The flat was originally in the name of his father and his mother. They had divorced in 1991 and the father had moved out. After his mother’s […]
Read MoreDisrepair counterclaim wins possession case.
February 13, 2020
Possession case win for Southwark tenant with disrepair counterclaim Our client’s adult son had been convicted of supplying Class A drugs. As a result, the London Borough of Southwark. served notice seeking possession under Condition 1 of Section 84A the mandatory ground for possession and in the alternative Ground 2 Schedule 2 of the Housing […]
Read MorePrisoner Housing Case Win
December 6, 2019
Prisoners often face possession claims based on either anti-social behaviour or the offences they committed. In many cases Moss & Co can avoid the prisoner losing their home and sometimes defeat the claim entirely.
Read MoreGil Spurling notable criminal cases.
December 2, 2019
Notable cases conducted by Gil Spurling criminal law expert at Moss & Co criminal defence solicitors
Read MoreMurder acquittal
November 28, 2019
Moss & Co, criminal law solicitors, acted for CG at the Old Bailey who has just been acquitted of Murder. The allegation was that the defendant has been involved in the robbery of a BMW motor car as a result of which the owner had been stabbed to death. Our client’s case was that he had […]
Read MoreSuccess in two serious fraud cases for Gil Spurling
November 19, 2019
2019 St Albans Crown Court – International Fraud Gilbert Spurling acted for a defendant in the Crown Court who was accused of being involved in a multi-million-pound fraud. The fraud involved a fake investment scam covering several jurisdictions, including China and South America. The Crowns case was that the defendant was a party to the […]
Read MoreReleased Under Investigation?
November 14, 2019
Released Under Investigation? If you have had an interview with the police and have been released under investigation, we will help and advise you. Police figures show that over 193,000 people have been released under investigation (RUI). That’s a lot of worried people roughly equivalent to a town the size of Reading or Slough. They […]
Read MoreBenefit fraud, failure to declare capital
April 3, 2019
Capital over the Income Support Limit Our client was a man of good character. He consulted unqualified benefit fraud advisors about his undeclared capital case. Unfortunately his advisors were unsuccessful. Therefore, a summons was issued for him to attend court. He then instructed our benefit fraud expert Keith Hollywood. The claimant was in receipt of carer’s allowance […]
Read MoreIndecent Images
Have you been sent unsolicited indecent images ? It is a not uncommon event. Your mobile phone or tablet is open to the world. You are on Instagram, Facebook, Snap Chat and Twitter. You have many friends. Unknown to you, you have many potential contacts who are “friends of friends”. You are a member of […]
Read MoreNotice of intended prosecution for DLA and PIP Benefit Fraud is withdrawn
December 11, 2018
Background Our client received a Notice of Intended Prosecution for DLA and PIP Benefit Fraud. They lived in a major northern town and received Disability Living Allowance (DLA) from 2012. Later benefit payments were converted to Personal Independence Payment (PIP). They received benefits for both mobility and personal care. In late 2015 an anonymous informant […]
Read MorePIP Appeal Tribunal Win
December 4, 2018
PIP appeal win after move from DLA. Sometimes it is hard to believe the sheer wrong headedness of decisions based on medical assessments by ATOS. This is one such PIP appeal case. Our client was a young man who had been on the middle rate care component of Disability Living Allowance and the lower rate […]
Read MoreBenefit fraud – Prosecution avoided in £50,000 case
November 8, 2018
Benefit Fraud – the importance of repayment in public interest submissions The case Our client received a notice recommending prosecution in respect of claims for Housing and Council Tax Benefit and for claims in respect of Income Support and Job Seekers Allowance. The overpayments referenced a long period and totalled about £50,000. The allegation is […]
Read MoreActions against the police fees
October 4, 2018
Private client fees Narinder Moss our senior partner is in charge of Actions Against the Police cases. She has over 25 years experience and has conducted a wide variety of cases. Her hourly charging rate is £225 per hour plus VAT. Fixed fees short advice. In suitable cases we are able to offer a short […]
Read MoreMotoring offences Fees
October 2, 2018
Mandatory Information We are required to provide price information for assistance in relation to summary only motoring offences under Part I of the Road Traffic Act 1988 and s89 of the Road Traffic Regulation Act 1984. Fixed fee short advice £1000 plus VAT. If you wish to receive advice but not immediately instruct us for […]
Read MoreProceeds of Crime Act forfeiture – £70,000
September 12, 2018
The importance of active representation to avoid being charged We acted for a client who had a wide range of business interests. His businesses produced substantial sums of cash which our client kept secure at his home address. The police attended his house with a search warrant addressed to a relative. During the search […]
Read MoreFinancial crime case dropped after allegations of corporate wrongdoing
March 1, 2018
Getting a case withdrawn before charge is the optimum outcome Sometimes it is possible to persuade the police that their investigation is mis-founded and not in the public interest. This is particularly so in business and commercial disputes where allegation and counter allegation fly about like confetti. Careful preparation, a grasp of the detail, productive […]
Read MoreAcid attack acquital
February 22, 2018
Moss & Co client acquitted of all charges over an alleged acid attack. Our client was found not guilty at trial of an alleged acid attack at a nightclub in East London. During the trial prosecution witnesses were cross examined and gave conflicting evidence casting doubt on the identification of the suspect. This led to […]
Read More£20,000 private fraud acquittal after medical evidence served
February 5, 2018
Fraud prosecution halted after service of medical evidence Our client was charged with an ESA fraud worth £20,000. We were instructed privately in this Crown Court case. The prosecution had to prove that our client had acted dishonestly. Our client had capital of up to £115,000 which he had not declared. This meant that his entitlement to […]
Read MoreHousing Benefit fraud success
December 1, 2017
Benefit fraud why you should always take a solicitor to the interview The defendant in this housing benefit fraud case faced charges of dishonesty. This was in respect of his housing benefit claim. He had failed to declare that he owned a property, or income from it. As a result the total amount obtained was […]
Read MoreTenancy fraud success against Southwark Council. Social Housing (Prevention of Fraud) act 2013.
November 10, 2017
When is letting someone stay in your council flat not subletting? What does it mean to part with possession? Our client faced a claim for possession of her council flat because of alleged tenancy fraud. She also faced a claim for nearly £20,000 of rent she was meant to have received from subletting. The above […]
Read MoreClient avoids £130,000 overpayment demand at overpayment appeal tribunal
November 1, 2017
Appeal tribunal success £130,000 overpayment demand set aside. Our client had a secure tenancy which commenced in 2013. He had been in receipt of Housing and Council Tax Benefit since June 2005. He received Incapacity Benefit and was now in receipt of Income Related Employment and Support Allowance. His problem first arose when he received […]
Read MoreBenefit fraud of £17,000 – no prosecution
October 31, 2017
A benefit fraud case where we really made a difference. No benefit fraud case is the same yet all cases are similar. That is why benefit fraud expertise is transferable between cases. Why the strategies we use to achieve the very best result are never the same but always founded on the same principles: Careful […]
Read MoreBenefit Fraud success in £9000 case
May 24, 2017
Benefit fraud success – administrative penalty given in £9000 overpayment case Our client was charged with Benefit Fraud namely a failure to notify a change of circumstances which he knew would affect his entitlement to ESA, The allegation covered two separate periods with a 5 month gap between them. The DWP issued a summons detailing […]
Read MoreLondon Solicitors firm Moss & Co client avoids 5 year term for firearms offence.
April 28, 2017
Disguised Firearm Charge – Exceptional circumstances applied Possession of a disguised firearm is an offence for which the the minimum sentence is 5 years in prison. Therefore it is crucial that the defence team show exceptional circumstances so that a lesser sentence can be passed. Moss & Co represented a young man of previous good character […]
Read MoreHackney Solicitors in £40,000 Housing Benefit Overpayment claim win and client receives £7000 backdated benefit
March 22, 2017
Housing Benefit Overpayment win for client who rented from daughter in law. This case concerned a claim against our client for Housing Benefit Overpayment of £40,000. It arose because our client had rented a flat from his daughter in law. However, his son and daughter actually paid the rent. As a result the council had […]
Read MoreTax Credit Fraud success for East London firm Moss & Co no prosecution for £37,000 over payment
February 27, 2017
Tax Credit Fraud – No prosecution for client who was overpaid £37,000 Our client had seen other solicitors and then attended an interview under caution. She was accused of Tax Credit fraud in falsely claiming £37,000. The allegation was that for the last five years she had been living with her husband, as husband and […]
Read MoreHelp available for clients wrongly denied tax credit by Concentrix
February 6, 2017
Tax Credits advice from an expert in the field. Keith Hollywood our Welfare Benefits expert is expecting a surge in the number of Tax Credit appeals and reviews he is asked to take on. This is because HMRC have finally come to realise that the outsourcing of Tax Credit assessments has led to miscalculations and […]
Read MoreTenancy fraud, subletting and possession claim success
January 27, 2017
Double success in trenacy fraud and possession case for council tenant investiagted under the Prevention of Social Housing Fraud Act 2013.
Read MorePIP tribunal success
January 19, 2017
PIP success where diabetic client denied benefit on transfer drom DLA
Read MoreTax Credit Premium for Children on Personal Independence and DLA Payments
November 30, 2016
Tax Credit Premium must be paid The Guardian newspaper reports that families with disabled children have been denied payments of Tax Credit Premium. Some claims go back over 5 years. According to the Government this is due to a “a gap in the data feed between DWP and HMRC”. Some families have lost £20,000. The […]
Read MoreDWP Investigation withdrawn
November 9, 2016
How to persuade the DWP to withdraw a case A DWP Investigation can lead to a summons to appear in Court. This makes some clients believe that the case will only be over once a full hearing has taken place. This does not have to be the case. We often make representations to the DWP […]
Read MoreBenefit Fraud case -£50,000 win
November 3, 2016
Benefit fraud success in co-habitation case. Moss & Co client acquitted of £50,000 fraud. Judge praises defence work.
Read MoreHomelessness cases
November 1, 2016
Two cases about suitability of accomodation and homeless applicants being placed in Bed and Breakfast accomodation.
Read MoreIntentionally Homeless?
October 22, 2016
Client not intentionally homeless after leaving flat in disrepair The client made a Homelessness Application but the Council stated that the client made herself intentionally homeless and therefore they do not have a duty to accommodate her. Our client and her children had been living in rented accommodation which was in a serious state of […]
Read MoreEviction avoided when Judgement set aside
October 15, 2016
Eviction avoided after possession order made. The importance of acting quickly after judgement has been given at a hearing the tenant did not attend.
Read MorePossession proceedings dismissed for disrepair…
October 6, 2016
Possession claim dismissed, rent arrears cleared and compensation paid to Housing Association tenant.
Read MoreProsecution avoided in 23-year Housing Benefit Fraud
August 9, 2016
Prosecution avoided in Housing benefit Fraud which lasted for 23 years. It was submitted that the prosecutor could not provide evidence of the application forms and payments going back that far and a settlemnt was negotiated without court proceedings.
Read MoreEmployment Support Allowance fraud prosecution avoided
August 5, 2016
In Employment Support Allowance fraud cases a civil penalty of £50 can be negaotiated if solcitors can persuade the DWP that there was no fraud intended. In this case a large capital sum had not been declared leading to an overpayment of £18,000. Solicitors negotiated settlement without prosecution.
Read MoreRent arrears possession order set aside and disrepair compensation awarded
July 27, 2016
The importance of independent lega advice in housing possession cases. Applying to set aside possession orders and counterclaiming for disrepair.
Read MoreNo prosecution for Working Tax Credit fraud.
July 25, 2016
Working Tax Credit fraud investigations need not lead to prosecution if handled correctly. Tactical considerations are as important as the legal issues. Client can pay privately if not eligible for legal aid and will benefit from avoidinga criminal conviction.
Read MoreLandlord seeks possession against tenant serving prison sentence
July 20, 2016
Moss & Co client keeps her Housing Association home even though serving time in prison. The importance of claiming prisoners housing benefit.
Read MoreSubletting possession claim success
July 13, 2016
Subletting claim dismissed against vulnerable adult Our client faced eviction from his council flat. The council claimed that he had sublet the whole of the property and had thereby breached his tenancy agreement and that they were entitled to possession. Our client told a different story. He said he was a vulnerable adult with major […]
Read MoreHouse in Multiple Occupation Landlord Not Guilty
Landlord found not guilty of breached of the Houses in Multiple Occupation regaulations after 12 people found living in 2 bedroom flat. Importance of properly drfated tenancy agreement and evidence that defendant a bona fide buy to let landlord.
Read MoreDisrepair claim succeeds, eviction avoided and compensation paid
April 1, 2016
Possession claim dismissed for disrepair and compensation paid Miss B had been living in her housing association property with her two sons since May 2007. There was disrepair at the property. She has been maintaining payments of her rent through her part time work and housing benefits. She fell into rent arrears in April 2014 after travelling abroad for 10 […]
Read MoreRape cases where “No Comment” is not the best advice.
February 12, 2016
Rape cases sometimes require the defendant to give their versionof evnts in a statement prepared after advice from their solicitor
Read MoreNo Prosecution for £50K Pension Credit Overpayment
February 9, 2016
Pension Credit fraud value £50,000. Prosecution avoided when Moss & Co clinet takes early advice from Laura O;Brien a Pension Credit Fraud expert.
Read MoreMoss & Co criminal law clients acquitted in rape and GBH cases and £70K benefit fraud results in conditional discharge.
November 19, 2015
Three recent criminal law cases. Recent acquittals achieved by the Moss & Co criminal team include a grave rape case where the defendant having absconded was tried in his absence. Our client was the only one of 5 defendants to be acquitted on an indictment which contained 7 counts. Laura O’Brien conducted this case. Another […]
Read MoreSuccess in £40,000 Child Tax Credit overpayment demand
October 29, 2015
HMRC demand £40,000 overpaid Child Tax Credit We acted for a client who received a demand for almost £40,000 which HMRC claimed was an overpayment of Child Tax Credit. Our client had received the money after claiming as a single parent when she split up with her partner and father of her children. HMRC took the view […]
Read MoreFirearm Possession – Not Guilty verdict
July 23, 2015
Firearm charge dismissed Police officers on patrol in January saw our client and his friend walking down a street. The police said they saw his friend throw something over a hedge and run away. The police recovered a revolver. Our client had made no attempt to escape. There was no evidence linking him to the […]
Read MoreDamages for false arrest of office cleaner
July 9, 2015
Police compensation paid for false arrest of cleaner just doing their job. Our clients claim related to an incident where he was doing a cleaning job in Enfield. His wife was a cleaner but at that point she was heavily pregnant and it was agreed with her and her boss that our client would do the […]
Read MoreFalse imprisonment after bail errors
False Imprisonment by prison authorities Our client was arrested for an offence and granted bail by the Crown Court. A condition of his bail was that he should surrender his passport. His passport was duly delivered to a police station but the prison still refused to release him. They stated that he was on an” […]
Read MoreCompensation for false arrest and assault after domestic dispute.
False arrest, false imprisonment and assault claimed against Met Police Our client was in the middle of a row with his girlfriend outside their South London flat. She had taken his car keys to stop him leaving and he had just retrieved them when two police officers arrived on the scene. He went to get […]
Read MoreAction Against the Police wins compensation for false arrests
July 8, 2015
Action against the police successful after they spoil a birthday In late 2012 our client had arranged to meet at a public house in North London to celebrate a birthday. He arrived at the pub at about 10:30 and joined relatives and friends. It was a happy atmosphere and he left the pub at […]
Read MoreNot Guilty verdict in 7 handed Old Bailey Murder case
April 28, 2015
Murder case acquital for Keith Hollywood and Courtney Griffiths QC. Our client was arrested on suspicion of murder when he attended Leyton Police Station on 27 May 2014 in connection with relatively minor offences. Fortunately we had attended with him. The officer in the case gave very limited disclosure. As we were unable to assess the […]
Read MoreConspiracy to supply Class A drugs not guilty verdict
March 18, 2015
Moss & Co client acquitted of conspiracy to supply drugs This difficult case centred on an alleged drug dealing business in Essex. It was alleged that the nine defendants had conspired in the persistent supply of large quantities of both heroin and cocaine. The police had kept surveillance for nearly twelve months and concluded their […]
Read MorePolice misconduct compensation for Moss & Co client
January 30, 2015
Police misconduct compensation for Moss & Co client Our clients instructions were that he was out shopping with his young daughter. He was given incorrect change which the assistant refused to correct. A dispute developed over about twenty minutes which concluded with attempted assaults on our client. Eventually he was given the right money and […]
Read MorePrevention of Social Housing Fraud possession claim fails
January 27, 2015
Social Housing Fraud Act claim by council fails and tenant re-housed Moss & Co were instructed to defend this Prevention of Social Housing Fraud claim. Our client was the tenant of a two bedroom council flat. He spent much time away in Africa. He allowed a “friend of a friend” to stay there and pay money […]
Read MoreYouth Court acquital in cannabis dealing case
December 8, 2014
Possession of Crack not admissible in cannabis Youth Court trial Laura O’Brien represented a client in the Youth Court who had been charged with Possession with Intent to Supply cannabis. He had been riding in a car with friends. He was in possession of a bag of cannabis. When the car was stopped his friends […]
Read MoreMoss & Co client acquitted of robbery.
November 25, 2014
Expert advice at police station leads to robbery case being dropped In this case our client was acquitted even though his co-defendants pleaded guilty. Our client who is 14 years old was arrested with 7 others for two serious allegations of knife point robbery. At the police station most of the co-accused gave accounts placing […]
Read MoreConditional discharge in £8000 fraud case
October 20, 2014
Sentencing Guidelines not followed in £8000 benefit fraud case. Our client was summonsed to attend Court in relation to an allegation of benefit fraud. She had been overpaid £8,000 Housing and Council benefit as a result of her failure to notify the local authority that she had started work. The overpayment had arisen over a […]
Read MoreFirearms conspiracy based on mobile call data
October 16, 2014
Mobile phone evidence central to conspiracy to possess firearms Wood Green Crown Court R v M and others Moss & Co were instructed to represent the first defendant on the indictment in a five-handed conspiracy to supply firearms trial which lasted over five weeks. The charges centered on an arms factory, the importation of machine […]
Read MoreSerious Fraud case comes to trial after 18 years
October 14, 2014
Eighteen years on the run from £2m Fraud case ends in suspended sentence In 1996 Moss and Co represented a client who was accused of conspiracy to defraud. The case was prosecuted by the Serious Fraud Office and over £7,000,000 was at risk with £2,000,000 actually obtained. Our client absconded prior to the fraud trial […]
Read MoreMoss & Co stop £17,000 Benefit Fraud Prosecution
September 2, 2014
The benefit of expert evidence Our client was accused of Fraud in connection with her Employment Support Allowance (ESA), JSA, and Housing and Council Tax Benefit. The total loss was estimated at nearly £17,000. Our client denied the offences which centred on her failure to disclose income including a pension. In order to succeed […]
Read MoreSuccesful pension credit appeal
August 26, 2014
Always seek advice before repaying the DWP a Pension Credit Overpayment In this case we succeeded in saving our client over £35,000. Mr A had been claiming pension credits since 2003. In February 2013 the DWP wrote to him and asked about his household. Mr A wrote back and told them that he lived with […]
Read MoreBenefit Overpayment Appeal Succeeds
March 5, 2014
Overpayment claim overturned Ms A was interviewed in relation to an allegation that she had income and capital she had failed to declare when claiming ESA and Housing Benefit. It was alleged that she had worked while claiming and that she owned a property that she was receiving rental income from. In interview she said […]
Read MoreRobbery acquittal
January 31, 2014
Identification evidence challenge leads to Robbery acquittal Our client was jointly charged with another juvenile in relation to an allegation of knife point robbery. It was alleged that he had been with three others in the corridor of a block of flats and had threatened the victim with a knife and had demanded her bag. […]
Read MoreDisqualification avoided for No Insurance charge
December 30, 2013
Special reasons argued in no insurance case Our client was summonsed to attend Court for driving with no insurance. A friend of the family had offered to purchase his car insurance for him and said he had done so. Our client later repaid his friend the cost. Our client was given an insurance certificate in his name. […]
Read MoreThe importance of reducing the charge in Benefit Fraud cases
December 6, 2013
Reduced sentence in Moss & Co Benefit Fraud case Our client was summonsed to attend court in relation to an allegation of benefit fraud. He was accused of making a claim for income based JSA without declaring all his savings. He had been charged under the more serious offence of acting dishonestly contrary to […]
Read MoreBenefit Fraud Charge – avoiding a conviction
December 5, 2013
Benefit Fraud Charge withdrawn despite savings of £30,000 We are often consulted by people of good character accused of Benefit Fraud. Usually they do not believe they have committed a criminal offence. They believe that they have simply “forgotten” or “failed” to tell the DWP or Local Authority about their savings or earnings. Every case […]
Read MoreMoss & Co defend anti-social behaviour possession claim
December 4, 2013
Possession claim defended after conviction Our client was the tenant of a Housing Association property in Stoke Newington. There had been problems with a neighbour. Our client was arrested for assault on the neighbour and possession of an offensive weapon. He was refused bail and on admitting the assault sentenced to a short prison term. […]
Read MoreDangerous Dogs not guilty verdicts
December 3, 2013
Moss and Co succeed in two cases concerning dangerous dogs Doggy story 1 Our lady client had no previous convictions and had never been arrested before. She was arrested and charged with having a dog dangerously out of control in a public place. It was alleged that her Staffordshire Bull terrier had attacked another dog […]
Read MoreWestminster Council agree to house prisoner on release
November 21, 2013
A home to go to after a long prison sentence Our client had been convicted of conspiracy to rob and was serving a sixteen year prison sentence. Housing Benefit is not available for those spending over 13 weeks in custody. His family were for the time being paying the rent and looking after his council flat. […]
Read MoreMagistrates acquit taxi driver of assault
November 15, 2013
Taxi driver acquitted of assault Our Client was charged with criminal assault. He had been a cab driver for many years. He has a wife and two children and is the sole bread winner in his family. He was arrested following an accusation by one of his female passengers. He had been accused of using racially […]
Read MoreLatest cases from Moss & Co. Housing Experts.
November 11, 2013
HOMELESSNESS Our client approached Hackney council as a homeless person, he was also registered disabled. His relationship with his wife had broken down and he could not longer stay with friends. He was told he had to go back and live with his wife even though they had separated. He had no keys to get […]
Read MorePension Credit benefit fraud acquittal
October 23, 2013
DWP fail in Pension Credit benefit fraud prosecution Mr A was charged with benefit fraud contrary to s112a of the Social Security administration act. This offence can only be tried in the Magistrates Court. He was accused of working whilst claiming Pension Credit. Mr A had lived in the UK since 1969 when he moved […]
Read MoreOffer of unsuitable accommodation to Homeless client overturned
October 17, 2013
Homeless client’s appeal succeeds Waltham Forest council said that a one bedroom flat they had offered was suitable. Our client had applied as homeless with her disabled son. The Council had accepted a full homelessness duty. This was because it was satisfied that she was homeless, eligible and in priority need. They agreed that she was not […]
Read MoreDisrepair compensation and arrears written off.
October 13, 2013
Why do Social Landlords rush to claim possession when there is disrepair? Moss & Co Tenants’ department represented a client in a possession claim for rent arrears of £2000. Our client said that there was disrepair at the property. This included leaks in the kitchen and bathroom and a mouse and cockroach infestation. The client had […]
Read MoreSometimes a solicitor’s letter asking for possession is enough.
October 7, 2013
Use “Short advice” to obtain possession Our Landlord client wanted his property back after expiry of the tenancy but was reluctant to issue eviction proceedings because of the cost of using a solicitor. He had served the right notice under s21 but the tenant had not left. He had asked him politely to go but […]
Read MoreDeposit error landlord loses eviction claim
October 4, 2013
Landlord’s wish to evict fails on Deposit Protection mistake A landlord decided they wanted possession of their property and eviction of the tenants on the expiry of an assured short hold tenancy. They issued possession proceedings under the accelerated procedure. The tenants were not in arrears and the Landlord believed they had complied with all […]
Read MoreDisclosure of Social Media account leads to acquittal in Old Bailey sex ring rape case.
Rape acquittal Moss & Co instructed Mary Poku of Counsel to represent one of nine men found not guilty of conspiracy to rape a girl under 16 years of age as well as other charges of serious sexual assault. Detailed disclosure requests were made to the Crown, including a request for full details of all social […]
Read MoreMoss & Co Client not guilty of assault
October 3, 2013
Expert advice in police station leads to Not Guilt verdict in assault case A drunken night out turned sour when our client got into an argument with his drinking companions. They argued and it was claimed that out our client assaulted his friends with a nail studded cudgel and brick causing them Grievous Bodily Harm. […]
Read MoreBedroom tax arrears – possession avoided
October 2, 2013
Our client is a tenant of a Housing Association. She has a two bed room flat where she had lived for 18 years and brought up her family there. She was widowed in 2009 and had health problems. Although dependent on a small private income she also received housing benefit. The bedroom tax applied from 1st April 2013 which […]
Read MoreHospital patients eviction stopped
October 1, 2013
Eviction stopped Mr. A was taken into hospital following deterioration in his long term health problems. He had been in rent arrears for a few months and, although entitled to housing benefit, had struggled to sort out his payments from hospital. Even though his landlord knew about his health problems he was served with court […]
Read MoreAcquittal in joint enterprise juvenile robbery case
Juvenile robbery acquittal Moss & Co represented a 15 year old who was arrested for robbery. The allegation was that after our client’s friend had robbed a woman of her phone they ran off together. Our client denied knowing that her friend planned a robbery. Our client was charged on the basis that the offence […]
Read MoreBurglary – Where the evidence is thin Moss & Co will ask the CPS to review their decision to charge
August 6, 2013
Moss & Co’s juvenile client was arrested with three others were arrested for attempted burglary.
Read MoreProceeds of Crime Act 1996 forfeiture of over £30,000 avoided
Moss & Co represented Ms B aged 73 a lady with severe mental health problems who had, been stopped at a London airport by the Border Agency (UKBA).
Read MoreDisrepair and Possession – Court orders private landlord to do repairs and pay £15,000 compensation in disrepair case.
Our client the short hold tenant of a private landlord approached Moss & Co after years of trying to convince her landlord to carry out essential repairs in her house.
Read MoreEviction of squatters who painted the house red and produced fake tenancy agreement
Squatters evicted Moss & Co acted for the Landlord who owned a property in East London. The house was unoccupied as repair works were being done whilst the landlord was away. Upon his return to the UK the Claimant discovered that squatters had taken over the premises. They were demanding “money to leave” and had […]
Read MoreProceeds of Crime Act 1996 forfeiture £100,000 returned
Moss & Co represented a West African national who had substantial business interests abroad and in the UK.
Read MoreBenefits Overpayment £53,000 overturned
Mr A was overpaid income support of £53,000 for failing to declare capital above the prescribed limit held in a bank account in his sole.
Read MoreSuccessful ESA appeal – Clients scores nil on ATOS medical but 16 on appeal
ATOS assessments are used to assess and often refuse applicants entitlement to benefits.
Read MorePossession – eviction avoided, arrears cleared and compensation paid
Our client was given notice to leave her home because of anti social behaviour by her ex partner who she had allowed to stay for a short while and arrears of rent.
Read MoreTotting up disqualification – exceptional circumstances Taxi driver
Moss & Co represented a taxi driver who had 9 points on his driver’s licence. He had been charged and already pleaded guilty to using a mobile phone whilst driving.
Read MoreIs it wise to rent out your property to pay the mortgage?
Moss & Co acted for a landlord who finding themselves in financial difficulties let out their home to cover the mortgage. This is a common occurrence in these difficult times and there are many such “accidental landlords”. Unfortunately the tenant stopped paying the rent and the landlord wanted their home back as soon as possible. […]
Read MoreCheck deposit protection problems before issuing.
The Claimant landlord owned and rented out residential premises which were once their home. The tenant had been causing many problems by failing to pay rent, acting in an antisocial way and damaging the property. The landlord was therefore keen to evict as swiftly as possible. The landlord has used a letting agent who would […]
Read MoreHomelessness – client not intentionally homeless
Mrs F had been living with her husband in a property let by a private landlady. When her husband left her with her three children she claimed housing benefit to cover the rent.
Read MoreAssault DNA evidence rejected
Moss and Co represented a gentleman who was charged with assault causing actual bodily harm.
Read MoreTenancy succession – Client not entitled to succeed but alternative housing offered.
Mr J had lived at a property in Hackney with his mother for 37 years and when she passed away he made an application to succeed to the tenancy.
Read MoreMoss & Co gain possession despite Counter Claim for disrepair
The Landlord instructed Moss & Co just two days before the initial possession hearing. The Landlord had initially issued possession proceedings themselves under Ground 8 in relation to rent arrears. The tenant had defended and counterclaimed for disrepair. The Counterclaim was going to delay the grant of possession for many months as the Court would […]
Read MoreObstructing a drugs search – CPS failure to disclose evidence leads to Not Guilty verdict
Moss & Co’s young client was stopped whilst going about his lawful business.
Read MoreSuccessful appeal for disabled client wrongly placed on Work Related ESA
June 20, 2013
A client with severe mobility and other problems was wrongly placed in the work related group for ESA after an ATOS medical assessment.
Read MoreHuman Rights of Tenant with Mental Health problems. Housing association fails to follow its own policies – eviction avoided
Our client suffered from schizophrenia and had been housed as a vulnerable person. He was informed by his housing association that he was to be evicted.
Read MoreHomelessness – no forced return to matrimonial home. Council accept duty to house
Our client has two young children. Her marriage had broken down. She went to the council for housing who told her she was not homeless and must to go back and live with her husband.
Read MoreCourt allows client back into her home after eviction
A young mother with three children approached Moss & Co after they had been evicted from their housing association property.
Read MoreProceeds of Crime Act 1996 – £60,000 returned to Moss & Co client
An associate of the Defendant had been stopped by the UKBA after attempting to leave the UK with £60,000 in cash.
Read MorePossession of Cannabis with intent to supply – Crown Court Acquittal
Our client was arrested after police had attended a house in which he was present along with 3 other people.
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