Cornerstone on Social Housing Fraud

Description

DELETE Foreword Preface About the author Table of cases Table of statutes Table of statutory instruments 1. FRAUD IN THE SOCIAL HOUSING SECTOR Introduction The book The figures Detection of fraud Legislation Covid-19 Conclusion 2. TENANCY PROCURED BY FALSE STATEMENT Introduction Rescission The Ground Matters to prove False statement Materiality Instigation Knowledge and recklessness Inducement Notice Procedure – Discretionary ground for possession: periodic tenancy Notice Procedure – Discretionary ground for possession: fixed term/flexible tenancy Standard of proof Reasonableness Conclusion 3. MISUSE OF PROPERTY Introduction What is sub-letting? What is parting with possession? Security of tenure Introduction Secure tenancies Assured tenancies Only or principal home Sub-letting or parting with possession of whole What if the sub-letting/parting with possession only relates to part of the premises? Short-term lets Possession claims (Periodic tenancies) Fixed-term/Flexible tenancies Evidence Conclusion 4. ONLY OR PRINCIPAL HOME/SUCCESSION Introduction Only or principal home Overview Defining the term Succession Right of succession – secure tenancies (overview) Right of succession – assured tenancies (overview) Fraudulent ‘succession’ Conclusion 5. CIVIL FINANCIAL REMEDIES Introduction Unlawful Profit Orders (UPOs) Conditions The application The amount sought Fraudulent misrepresentation Overview Right to buy/acquire Rescission Damages Deceit Conclusion 6. INVESTIGATION AND EVIDENCE Introduction Data Protection Act 2018 Introduction Data protection – personal data Retention of Information Obtaining of Information – Introduction Obtaining of Information – Processing Exemptions Data sharing Covert Surveillance PSHF Regulations Court processes Pre-action Post-issue Part 18 Request Specific disclosure Third Party disclosure Witness summons Missing Witnesses Conclusion 7. CRIMINAL SANCTIONS Introduction Allocation fraud False statement Withholding information Sentence Homelessness fraud Sentence Prevention of Social Housing Fraud Act 2013 Major offence Less serious offence Proceedings Trial Sentence Fraud Act 2006 False representation (section 2) Failure to disclose information (section 3) Abuse of position (section 4) Sentence Proceeds of Crime Act 2002 Confiscation Orders Powers of Criminal Courts (Sentencing) Act 2000 Compensation Orders Civil recovery orders Private Prosecutions Conclusion Appendices Appendix A – Statutes Appendix B – Secondary Legislation Appendix C – Civil Procedure Rule and Guidance Appendix D – Landlord checklist Index