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Council house fraud?

55 replies

Mundoloco · 19/04/2024 16:54

My father in law remarried 12 years ago and his new wife went to live with him in his owned house. We have just found out that she never gave up the tenancy and one of her children has been living there. The child was always named as an occupant of the house, as she has grown up there and just stayed there. She now has a partner and two children living there. Now my father in law is ill and his new wife is likely to inherit his house my question is, what happens to her daughter who is living in a council house in her mother's name. Is this fraud?

OP posts:
twoandcooplease · 20/04/2024 01:15

I have the council house me and my mum stayed in together from 2008 until she moved in with her dp.
We're in Scotland so it might be different but we called the council who came down with forms to make me a joint tenant, this was for 12 months then they came back down with more forms and took my mums name off. It's left me as sole tenant and this is my family home now

VelvetDragonfly · 20/04/2024 01:32

People can't provide full facts if you don't provide full information

If the mother is claiming housing benefit for the property whilst living elsewhere, that's housing benefit fraud, not necessarily council house fraud and is a separate issue to whether the daughter has a right to live there.

Child is adult with family. Wife still pays the rent as daughter has never formally been made a joint tenant. This may need to be done shortly as the wife is likely to inherit and therefore be forced into the situation of renouncing the council house

Not necessarily. Mother could decide to live in the council house and do something else with the inherited house (sell or rent it or keep it as a second home), as long as she doesn't claim means tested benefits that would not be fraud. She's lived there so long she's almost certainly got a lifelong tenancy. If she does claim means tested benefits she'd be expected to either live in the council house, sell the inherited one and live off the money at a sensible rate (no buying a Ferrari or something) until it's low enough she can qualify for means tested benefits again. Or live in the inherited property, continue claiming means tested benefits and give up the council house tenancy. Again, this is separate to the other issues.

If the council property is solely in the mother's name she is breaking the terms of her tenancy by not living there and has effectively abandoned the property, meaning the council can very quickly take it back. Unless there's someone living there with succession rights to the property, which will depend on that person's situation both currently and historically. The council won't know the property is abandoned unless someone let's the council know or unless the people involved in the illegal occupation/abandonment accidentally drop themselves in it, which they sometimes do!

Who pays the rent isn't the council's business. The daughter could be legally living there and if her mother chooses to pay her rent for her, that's between them.

TheCatOnTheBedIsAllMineAllMine · 20/04/2024 09:26

If you’ve got no problem with this woman inheriting your father in law’s money/property etc can I ask why you’re so invested in where her daughter lives?? It’s just that I know a couple of people who are so frustrated in their own lives that they sit together planning who to “grass up” to the council or the benefits agency. Very jealous, bitter, dissatisfied people who covet money above all else but who have never quite managed to attain what they want.

RedHelenB · 20/04/2024 09:47

CrotchetyQuaver · 19/04/2024 20:40

Assuming her daughter is not named on the tenancy (no such thing as assignment with council tenancies, you can just name one successor in the event of your death to continue the tenancy) then once the housing authority (council or HA) get wind of this I would expect all hell to break loose, the tenancy to be terminated and the daughter and her family evicted if they won't leave quietly of their own free will. Then the property will be offered to a genuine tenant who has not tried to cheat the system the way these two have.

I think that's what you'd like to happen not what actually does. The dd has always lived there, the likelihood is as long as the council get the rent that will continue.

CrotchetyQuaver · 20/04/2024 17:27

@RedHelenB
I was a district councillor for over 10 years in a LA that had retained their housing stock. Was also chairman of the housing panel. I'm no longer doing that, but I'm confident that what happened when I was a councillor would still happen now despite some changes in policies. There's a desperate shortage of council properties, they're making it harder and harder to get on the housing list and they simply cannot let this type of circumvention of the rules happen. Once they know about it, they have to do something, there would be uproar if they didn't and got found out. Yes they can make exceptions to their policies if needs be (eg adult son living at home with widowed mother who inherited the tenancy when her husband died, 3 bedroom house, he can't inherit the tenancy and they need the house back for a family, they need to kick him out but help him go by allocating him a 1 bed/studio flat without having beenon the housing list in his own right) but the situation would have to be officially resolved somehow.

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