Responsibility for Landlords Child?

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  • #40068
    wintlejb
    Participant

    Our investigation team have uncovered a potential case of the tenant being responsible for the landlord’s child.

    However, we cannot definitively prove that the landlord is the biological father.

    The landlord is not on the birth certificate and has stated that he has not taken on responsibility for the child.

    However, the tenant has changed the child’s name to that of the landlord and stated he ‘may be’ the father.

    Do you think there is sufficient evidence to terminate the claim ‘on the balance of probabilities’?

    Personally I don’t think so but I would appreciate some opinions.

    Thanks

    #114395
    peterdelamothe
    Keymaster

    This is a case where the CSA would have made an “adverse inference” balance of prob decision and said “prove otherwise” to the landlord i.e. by a dna test etc.

    #114398
    Chris Robbins
    Participant

    Mind you, you are always at the mercy of a FtT if it gets that far.
    I always remember an appeal I dealt with – single parent of two kids who we suspected lived with her landlord but as he had an alternative address where he was liable for CT we couldn’t prove it. So, we established financial links between them (e.g. landlord was using her bank account) and did the normal no liability/non commercial/taking advantage alternative decisions.
    Tribunal found a genuine commercial liability and said pay. Just after receiving that decision we got a copy of the younger child’s birth certificate. Lo and behold the surname of the child was the same as her landlords.
    I got a set aside on the grounds that evidence which should have been before the Tribunal wasn’t. Case reheard and claimant states that she gave her younger child her landlords surname ‘because she liked it’. Continued to insist he was not the father. I raised crdibility (i.e. why had she not declared that surname on the A/F? She said a simple mistake as she was a bit disorientated after the birth. Tribunal Judge decided we had not proved on the balance of probability that the child was the landlord’s. “She was a cogent and believable witness”.

    #114400
    John Boxall
    Participant

    Would the Regs allow us to ask for a DNA test or make an adverse inference in the alternative?

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #114402
    Anonymous
    Guest

    The Council could offer to pay for a test. I think its a fairly standard procedure now.

    Also, if the claimant says the landlord ‘may’ be the father she is admitting to a relationship. I would want to ask if there are any other likely candidates. That would be an interesting tribunal to attend!

    #114403
    peterdelamothe
    Keymaster

    No ….but here you have a dispute that can only be finalised by that. It is reasonable to take the woman’s word (she would have a pretty good idea LOL) on the balance of probability. If the landlord disputes this but wont have a test then it is reasonable to make an adverse inference that he is not doing so because he is aware what the answer is likely to be. After all, most men would want to know ….

    #114404
    John Boxall
    Participant

    Given the legal implications it seems suprising that either parent would have wanted to register the landlord as the father if he wasnt.

    It sounds like the FtT decision mentioned was ‘perverse’

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #114433
    Andy Thurman
    Keymaster

    [quote=John Boxall]It sounds like the FtT decision mentioned was ‘perverse’[/quote]

    Agree – “I gave the child the landlord’s surname because I liked it”??? Priceless.

    #114435
    Andy Thurman
    Keymaster

    Meant to add re the OP – the potential for an FtT decision that over turns what you decide should not put you off making the ‘best’ decision you can on the facts as declared. Tend to agree with Kevin on this one.

    #114436
    John Boxall
    Participant

    [quote=peterdelamothe]After all, most men would want to know ….[/quote]

    It’s not that difficult to imagine a scenario where it’s convenient for those involved not to clarify the issue………

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #114491
    wintlejb
    Participant

    Thanks very much for the opinions – claim revised back to 2007 – huge overpayment created and waiting for appeal!

    #114390
    Kevin D
    Participant

    [quote=wintlejb]…the tenant has changed the child’s name to that of the landlord and stated he ‘may be’ the father.[/quote]

    The world’s population is approx 7,000,000,000. About 49% is male. Out of all the males in the world, the clmt names the landlord (albeit as a “may be”). Further, the landlord doesn’t state he isn’t the father – he simply says he hasn’t taken on responsibility.

    Based on that info, freely given by the parties concerned, I can’t see how any other conclusion can be reached than, on the balance of probability, the LL is the father.

    {Edited}: 49% instead of 51%

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