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 […]

Tenancy 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 […]

No 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 […]

Not 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 […]

Crime: 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 […]

Not 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.

A 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 […]

Unregistered 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 […]

Tenant 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 […]

Possession 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 […]

Anti-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 […]

Possession 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 […]

Succession 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 […]

Disrepair 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 […]

Prisoner 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.

Gil Spurling notable criminal cases.

December 2, 2019

Notable cases conducted by Gil Spurling criminal law expert at Moss & Co criminal defence solicitors

Murder 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 […]

Success 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 […]

Released 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 […]

Benefit 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 […]

Indecent 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 […]

Notice 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 […]

PIP 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 […]

Benefit 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 […]

Actions 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 […]

Motoring 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 […]

Proceeds 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 […]

Financial 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 […]

Acid 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 […]

£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 […]

Housing 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 […]

Tenancy 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 […]

Client 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 […]

Benefit 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 […]

Benefit 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 […]

London 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 […]

Hackney 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 […]

Tax 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 […]

Help 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 […]

Tenancy 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.

PIP tribunal success

January 19, 2017

PIP success where diabetic client denied benefit on transfer drom DLA

Tax 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 […]

DWP 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 […]

Benefit 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.

Homelessness cases

November 1, 2016

Two cases about suitability of accomodation and homeless applicants being placed in Bed and Breakfast accomodation.

Intentionally 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 […]

Eviction 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.

Possession proceedings dismissed for disrepair…

October 6, 2016

Possession claim dismissed, rent arrears cleared and compensation paid to Housing Association tenant.

Prosecution 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.

Employment 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.

Rent 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.

No 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.

Landlord 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.

Subletting 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 […]

House 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.

Disrepair 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 […]

Rape 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

No 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.

Moss & 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 […]

Success 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 […]

Firearm 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 […]

Damages 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 […]

False 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” […]

Compensation 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 […]

Action 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 […]

Not 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 […]

Conspiracy 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 […]

Police 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 […]

Prevention 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 […]

Youth 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 […]

Moss & 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 […]

Conditional 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 […]

Firearms 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 […]

Serious 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 […]

Moss & 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 […]

Succesful 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 […]

Benefit 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 […]

Robbery 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. […]

Disqualification 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. […]

The 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 […]

Benefit 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 […]

Moss & 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.  […]

Dangerous 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 […]

Westminster 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. […]

Magistrates 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 […]

Latest 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 […]

Pension 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 […]

Offer 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  […]

Disrepair 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 […]

Sometimes 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 […]

Deposit 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 […]

Disclosure 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 […]

Moss & 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.   […]

Bedroom 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  […]

Hospital 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 […]

Acquittal 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 […]

Burglary – 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.

Proceeds 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).

Disrepair 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.

Eviction 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 […]

Proceeds 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.

Benefits 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.

Successful 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.

Possession – 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.

Totting 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.

Is 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. […]

Check 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 […]

Homelessness – 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.

Assault DNA evidence rejected

Moss and Co represented a gentleman who was charged with assault causing actual bodily harm.

Tenancy 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.

Moss & 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 […]

Obstructing 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.

Successful 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.

Human 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.

Homelessness – 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.

Court 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.

Proceeds 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.

Possession 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.