Oshin v The Royal Borough of Greenwich [2020] EWCA Civ 388

Summary

The Court of Appeal has held that a false statement made by a housing applicant persuaded a local housing authority to grant a tenancy.

A housing applicant (Ms Oshin) had come to the UK and applied to the Royal Borough of Greenwich to be placed on the housing list. She completed a housing application form, but gave false information when answering two questions on the form, indicating that (1) she did not have to complete an immigration form, and (2) she had lived in private rented accommodation in the UK for nearly a decade. On the basis of this, Ms Oshin was granted a secure tenancy. She subsequently completed an amendment application form, when her sons came to live with her, again providing false information regarding her immigration status. She was granted a second tenancy. However, when the falsehoods came to light, the Royal Borough of Greenwich was granted a possession order. Ms Oshin unsuccessfully appealed to the County Court and consequently appealed to the Court of Appeal.

The Court of Appeal, in dismissing the appeal, held that the Ms Oshin’s false statements on her application form regarding her immigration status had resulted in her securing a tenancy, and Royal Borough of Greenwich was entitled to possession of the property. It rejected the argument that the false statements could not be operative once a tenancy had been allocated.

This Summary is from Capsticks Solicitors Web Site - Housing Law Update April 2020

Law Reports

Bailii

Articles About The Case

Cornerstone Chambers -Tenancy by false statement & Second Tenancy

Local Government Lawyer -Court of Appeal finds for council in dispute over false statement and social housing


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