Scottish Law Q - My partner owns a house. Tenant not being paying rent for 8 months..we think she has?
been claiming housing benefit and not passing on the amount to G. At present a solicitor is issuing notice to quit. Is it fraud to get housing benefit and not pass it on? We are concerned she will leave also and we will not know how to trace her to get the back rent.. help! Nightmare tenant.
- Anonymous1 decade agoFavourite answer
yes it is fraud and she can be convicted. Providing your partner holds a Landlords Certificate which came into force in Scotland as of May this year, you have a very strong case of getting the money back.
- 1 decade ago
If she was on housing benefit your partner would receive it directly from the DSS or Housing Department - not the tenant. Don't know if your partner had it, but you should always issue a short term tenancy for no more than 6 months and don't be tempted by tenants on benefit. We had one move into our street - nightmare - turned a peaceful lovely street into the wild west, with the tenant having to eject them and then spend days putting the house into a habitable state.
- tinkerbellLv 71 decade ago
It would be fraud if she claimed the benefits when she was not entitled........it wouldn't be fraud for not passing the money on !!! You have a fight on your hands here !!! Consulting a lawyer was the right thing to do, but it's a slow process............you would have to take her to court to get your money back, hoping she doesn't disappear...............you could contact housing office who pays her the benfit and tell them she is not paying......this could stop her rent cheques...........I'm from Scotland.
- little weedLv 61 decade ago
How come you didn't realise you hadn't been receiving the rent money all these months? And yes it is an offence to claim rent benefit and not pay to landlord.
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- doodlepolLv 41 decade ago
not too sure about the scottish law, but in England this would be fraud. Call your local housing agency and talk to them about it. If the tennant is on the books as claiming, then she is in deep ****.
- Jane SLv 41 decade ago
most housing benefit is paid straight to the landlord, check with the benefit office if it has been paid and not given to the landlord they have the powers to claw back the money and prosecute