[2012] EWCA Crim 1840

Confiscation proceedings under the Proceeds of Crime Act 2002 were not available where a landlord committed an offence of being the owner of a rented property without a licence contrary to the Housing Act 2004 s.95(1). The right of a landlord without a licence to enforce his right to receive rent meant that the receipt of rent was not a product of a s.95(1) offence, and there was, therefore, no benefit obtained from the criminal conduct such as to justify a confiscation order.

CA (Crim Div) (Davis LJ, Burton J, Langstaff J)

08/08/2012

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