Prosecution of tenant under theft act 1978 S2(1) Evasion of Liability by Deception
(b) Inducing the creditor to wait for or forgo payment.
2 separate action - either 'waiting' or 'forgoing'
The charge of evasion of Liability by deception can be clearly proved by the email communications from Ms F. Tenant said she would pay two moths rent at one time and that the delay was caused by her ill health. These emails were sent not only to my email address but also to our managing agent.
Deception must be made to creditor. (Gee 1999) Emails from Ms F to Landlord saying that rent payments would be delayed by one month but would be made to Landlord.
There must be an intent to make permanent default. Ms F has tried to decieve the lanlord by claiming to be unemplyed when in fact she is employed and remains in employment until August 31st 20065. Ms F's has emailed saying that she intends to leave UK on October 1st 2006 Travel in India, Thailand, Vietnam, Laos &Cambodia and return to H, Germany to start new emplyment on March 23rd 2007. Ms F's emails stating that she has no intention of using her salary from Germany to make payment of debts. She intends to use the money which should be paid in rent to fund her six month vacation.
Mental element - requirement that Ms F intends to make permanent default. Her emails clearly demonstrate that she intends to make permanent default.
Mens rea - Ms F's emails also clearly demonstrate that she is aware that what she is doing is wrong, that she ia aware that her actions would be viewed as a wrong by a 'reasonable' person but that she does not care because she believes that she can leave the UK on Oct 1 2006 and she will be beyond the jurisdiction of UK law.
I have contacted the relevant police authority and made a formal complaint.
The tenant is also being pursued under the protection from Harassment Act 1997 and the Malicious Communications Act.
Application for possession is in the process and a listing in late September has been given.
Does any one have any previous experience? any suggestions? comments?
This experience makes my complaints about tenants not renewing the light bulbs pale into insignificane!
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