Am I liable for benefit fraud?

[Anglepoise]

Advice very much appreciated as to whether I can be prosecuted for aiding benefit fraud (let alone moral issues involved). Thread here but situation briefly is that friend and I co-own a flat. I have moved out and her DP has moved in and pays my share of the mortgage and bills - theoretically he rents my room ie he pays the whole of my share so that it can be just the two of them but in practice shares friend's room and they use my room as a spare.

Partner lost his job recently and has therefore put in a claim for housing benefit. He asked me to sign a tenancy agreement and his claim form to say that I was his landlord, which I did. I have absolutely no idea what he has told the benefits agency about his living situation. If he is lying to them about his relationship then can I be prosecuted as a result?

Thanks in advance

the very fact that he has has to declare they he lives in a 2 bed place, and he will have to say who he shares with, will poss have them sniffing around. Although if she is working maybe not. If they do do one of those visits, and the 'spare' room isn't lived in as such it could be seen as being fraud. I don't think you are comiting any fraud, as it's your property and you are renting it out. You could act dumb and say you had no idea they were in a relationship, if you were asked.

If they do find out they are a couple in a 2 bed, they will only pay himwhat he needs for a one bed, and his gf's wage will be taken into consideration before that.

The tennancy agreement should have been in both owners names as you dont wholly own the property. By asking only you to be on the tennancy agreement it appears they are aware that they cannot claim HB if they do this properly. Chances are he's claiming a "room" rent and not stating that the other room mate is actually his partner.

I would insist that the tennancy agreement is done showing both names, then if they fraudulantly claim you are in the clear. Having it in your sole name they may say you were aware of the situation hence the agreement in this format.

Thanks. I downloaded the claim form earlier as I didn't really read it when he sent it to me to sign and it seems I signed something to the effect that I can be prosecuted if I know anything's amiss and that I'll let them know if things change and I'm getting benefit (because theoretically it's coming to me) when I shouldn't etc. Yeek. So have emailed him saying I'm a bit concerned and waiting to hear back ...

Let them know direct, send a letter recorded delivery and cover yourself - it will cover you until you can get the tennancy agreement amended.

I personally wouldnt wait to hear back as they not take any action anyway as they obviously intended playing the system.

Will my friend and her DP know if I do this?

Oh, the burden of being English, to put worry of social embarrassment over worry of prosecution!

I dont know tbh but I would still do it. Whilst i know its a friend, if the HA find out the truth and do pursue it you could end up with a criminal record for benefit fraud which could affect future jobs etc.

suggest you speak to CAB . I would have thought the lease should have reflected you and your friend subletting him a bedroom with use of rest of flat to the dp at very least. Do you have to seek freeholder's permission to let it ? It does sound like one of those circumstances likely to get flagged up by the system and looked into.

We own the freehold so that's not an issue, unless we were supposed to seek our mortgagee's permission.

probably should have

Agree, make sure everything's straight on the form with both names, and sign it. (presumably you don't do spot checks of his room to see if he's sleeping in it?? you just suspect that they are sleeping together. any time 2 people are sharing a flat, they could be sleeping together!)

Just heard back from him and he says that he has said on the form that she's a co-owner but has put me as landlord because it's my room. He also says he's seeing them tomorrow so hopefully will get it ironed out then.

Ask for a copy to ensure you cover yourself, whilst I presume a friend wouldnt lie, he may be stretching the truth being as though benefit fraud is going on.