Landlords at risk from rogue commercial tenants – warning

Landlords at risk from rogue commercial tenants – warning


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Landlords are being urged to help stop illegal tobacco being sold from shops by carrying out proper checks on tenants and acting quickly when concerns are raised.

The warning follows a series of Oxfordshire County Council trading standards’ investigations into the supply and sale of illegal tobacco products from retail premises across the county.

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Officers have found businesses repeatedly selling counterfeit and smuggled tobacco from retail premises, undermining legitimate traders and depriving public services of vital revenue.

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A spokesperson says: “We hear the concerns of residents who are worried about the changing face of some high streets and the impact organised criminality can have on local communities.

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“The illegal tobacco trade is not victimless. It damages legitimate businesses, facilitates tax evasion, undermines public health measures and is frequently associated with wider criminality.

“Oxfordshire is not a soft touch. The council and its partners are committed to creating a hostile environment for individuals and organised crime groups who profit from illegal tobacco and launder the proceeds of their offending.”

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Illegal tobacco is often linked to organised criminal groups, tax evasion, money laundering and the exploitation of vulnerable people.

Landlords are advised to:

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  • Carry out appropriate due diligence before granting a new tenancy
  • Ensure there is a written tenancy or lease agreement in place
  • Verify and retain identification documents for tenants
  • Know exactly who is occupying the premises
  • Know who is paying the rent and investigate where payments are made by someone other than the named tenant
  • Seek legal advice before permitting assignments or subletting arrangements
  • Include clear provisions allowing action to be taken where criminal activity is identified
  • Respond promptly to concerns raised by trading standards, police or other enforcement agencies

The spokesperson continues: ” The overwhelming majority of landlords want to do the right thing and would be extremely concerned to learn that premises they own were being used for organised criminality. We encourage landlords to act quickly when concerns are raised.

“Where we inform a landlord that criminal activity is taking place from a property they own, we expect those concerns to be taken seriously and acted upon without delay. Failing to act after receiving clear warnings may expose landlords to significant legal and financial risks.”

Criminal groups often try to hide their involvement by using “ghost” directors, front companies, informal tenancy arrangements or third parties to pay rent.

Illegal tobacco is often sold at pocket money prices and avoids the safety, packaging and health warning requirements designed to protect consumers

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