False statements

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  • #21103
    sandra63
    Participant

    Hi folks,

    Have any of you come across a case or got any thoughts a case, where customer has made a false statement on their initial application form.

    The scenario:

    Application form was completed indicating that a ‘property agency’ was the landlord.

    Supplementary question asking ‘if landlord had an agent’ was crossed through on initial claim form.

    Further investigation showed that in fact customers father was the landlord/owner. However landlord was not residing at the property.

    Therefore, customer did have a genuine commercial liability to pay rent for the property.

    We are trying to see if what weight (if any), the initial provision of a false statement (or false documentation) would have if this case were to go before a tribunal panel?

    We welcome your thoughts folks

    Sandra63 ❗
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    #4347
    peterdelamothe
    Keymaster

    Many times Sandra. You would probably get a better hearing at a criminal court for “false accounting” than at a Tribunal. Even if you could show an intent to defraud (and the requirement of proof is going to do high), there is no loss if the landlord is non-resident. Reg 104 springs to mind; it still applies even if a fraud has been committed. Until and unless there is some legislaton that bans those who attempt to defraud I am afraid you have very little case.

    #4348
    sandra63
    Participant

    Many thanks for your reply Peter.

    #4349
    Kevin D
    Participant

    Doesn’t add much to the above, but a couple of pieces of case law may be of interest…. (both available on http://www.bailii.org ).

    [b:0e9451f39e]OSINUGA v DPP (1997) EWHC Admin 902 QBD[/b:0e9451f39e] – theft case. An Income Support form was found to have the status of an accounting document.

    [b:0e9451f39e]R v WINSTON (1998) EWCA Crim 2256[/b:0e9451f39e] – if a false document is provided, HBR 73 [now HBR 86] may not be satisfied – even if the info contained within the doc turns out to be factually true.

    #4350
    sandra63
    Participant

    Thanks Kevin

    #4351
    Anonymous
    Guest

    Have you checked to see if any rent has actually been paid? If not it may be non-commercial.

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