Hypothetical: using someone else's name to rent property
Discussion
I volunteer with domestic violence and abuse cases and other similar situations and we get a range of situations pop up in training scenarios etc. This was a new one to me:
The situation that was described was:
Someone in an abusive / coercive relationship used the victim's name to rent a premises, having confiscated their passport and bank details. The victim eventually managed to escape the relationship, but unknowingly the rent was continued - paid by the abuser, who used that premises for illegal activity. That illegal activity was discovered, but with no one present at the time.
Who is INITIALLY liable? Person with name on lease? Would there be an arrest and what level of proof could the victim provide to show that they were not aware of the criminal activity, or indeed that the lease had been taken in their name?
As I said, just a hypothetical, so can't spend any money paying lawyers for a 'what if', but thoughts welcomed.
The situation that was described was:
Someone in an abusive / coercive relationship used the victim's name to rent a premises, having confiscated their passport and bank details. The victim eventually managed to escape the relationship, but unknowingly the rent was continued - paid by the abuser, who used that premises for illegal activity. That illegal activity was discovered, but with no one present at the time.
Who is INITIALLY liable? Person with name on lease? Would there be an arrest and what level of proof could the victim provide to show that they were not aware of the criminal activity, or indeed that the lease had been taken in their name?
As I said, just a hypothetical, so can't spend any money paying lawyers for a 'what if', but thoughts welcomed.
trickywoo said:
Sounds a lot like cuckooing which is well recognised by the police.
The police may call on the named person but move on pretty quickly when an explanation is given and well before they consider arrest.
Cuckooing. Thanks, I have a term, now I can google. Appreciate your help!The police may call on the named person but move on pretty quickly when an explanation is given and well before they consider arrest.
LeftmostAardvark said:
trickywoo said:
Sounds a lot like cuckooing which is well recognised by the police.
The police may call on the named person but move on pretty quickly when an explanation is given and well before they consider arrest.
Cuckooing. Thanks, I have a term, now I can google. Appreciate your help!The police may call on the named person but move on pretty quickly when an explanation is given and well before they consider arrest.
trickywoo said:
bimsb6 said:
Doesn’t sound like that at all , cuckooing is where someone takes over a vulnerable persons property with them still living in the property , completely different to the scenario quoted .
It’s hardly completely different and my post is a lot more useful than yours.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff