A landlord query

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  • #22605
    Karen
    Participant

    any advice welcome on this scenario, the fraud section are looking to see if there has been an offence committed with this case, and as I don’t work within the private section, I thought I would ask the opinion of the boards.

    1) claimant in residence from 2002 to 2004
    2) original house owned by grandmother (who died in 1997)
    3) claimant provides a lease signed by the landord (obviously from beyond the grave) 😆
    4) title deeds not transfered into any other name, still sitting at the Executor of ….. the executor is the daughter (mother of the claimant)

    So any advice and any regulations relevant to the above would be greatly welcomed . 8)

    #8819
    Anonymous
    Guest

    This person did not have a legally enforceable liability to pay rent, so would not be entitled to HB for the time she was living in the property.

    It certainly looks like an offence has been committed, but proving who committed it (daughter? mother? someone else?) might be difficult after several years.

    Presumably there is an overpayment – so you will need to decide who to recover it from – could be equally challenging as I bet both mother and daughter will blame each other!

    #8820
    markp
    Participant

    Just one thought – who signed the lease, the executor, or the late grandmother? If the grandmother’s signature is on it then perhaps that’s your offence – the impersonation of a deceased person (which I think is a criminal offence, but not sure).

    Another thought – did the grandmother die intestate and if not who inherited the house? Was it left in trust for the deceased’s granddaughter and therefore you would need to consider whether she is the beneficiary of that trust. I would say yes if that was the case so benefit wouldn’t be payable under the old Reg 7 (1) (e) for the dates you mention. You could resolve that by asking for a copy of the grandmother’s will. I must say that I ask myself one pertinent question – why didn’t the executors transfer the property over to the beneficiary of the will ?

    Hope my ramblings are helpful.

    Do I know what I'm doing? The jury's out on that........................

    #8821
    Anonymous
    Guest

    I have worked with innumerable people who consistently impersonated dead persons, but they still got their salary at the end of the month…

    #8822
    Karen
    Participant

    Andy – LOL 😆 😆 know what you mean.

    Thanks for the responses, I will pass them onto our fraud department and let them figure out what they want to do next

    cheers x

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