Is a tenancy voidable as fraud if tenant lies on application?
If a tenant told lies when they applied for a property, and these lies contributed to the landlord’s decision to offer them the tenancy, then the tenancy was obtained by fraud.
If the tenancy was obtained by fraud, then I believe that the contract (tenancy) becomes voidable (it is a “voidable contract”, i.e. it is valid until such time as the person who is the victim of the fraud (the landlord) chooses to make the contract (tenancy) void. Can any of the legal minds on here confirm this, and also specify how the landlord makes the tenancy void, e.g. simply send a letter to the tenant saying this?
Once the tenancy has been voided, am I right in thinking that there is then no valid tenancy and thus the “tenant” (now ex-tenant) can no longer benefit from the legal protections within the Protection of Eviction Act? If so, does this mean that the landlord can simple go in and change the locks (while the “resident” is out)?
Many thanks
Robert
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Member Since May 2015 - Comments: 9
11:02 PM, 14th June 2022, About 4 years ago
Reply to the comment left by Alessandro Deidda at 14/06/2022 – 11:15
Hello. I’d forgotten about this thread so had to read through to see where I’d got to. After the tenant was charged there were two court dates which did not go ahead due to pressure on court time. I was told that the third date would definitely go ahead. About two weeks before the date the tenant’s lawyer contacted the police and offered to pay what he owed if I would drop the case. I wasn’t keen on being bribed with my own money so said no thanks. The police were pleased with this. They wanted the case to go ahead. However about three days before, tenant turned up at police HQ with a banker’s draft payable to me for the full amount owed plus costs. I was advised there was no option but to accept as the judge would probably dismiss the case on the grounds that tenant had offered to pay. So the case was dropped but remains on file so if he ever gets caught again this offence would be resurrected. I think I got the best result I could have done although deep down I would have liked to have seen him squirming in court. I’ve been known as Miss Marple to my family and friends ever since! Hope you can get yours sorted out.