Tenancy fraud harms the borough because it results in:
- us losing much needed social housing to the private sector
- longer waiting lists for residents needing housing
- unlawful occupants often living in poor housing conditions
- expensive repairs when the unauthorised occupant leaves
This is why we urge residents to report tenancy fraud when they suspect it.
Examples of tenancy fraud:
- Unlawful subletting
- When a tenant moves out and rents out their home without our permission. This includes tenants who move out of their property leaving other family members living in the property.
- Getting a tenancy by giving false information
- When a tenant gets a tenancy by giving false information in their application. For example, they don't tell us they already have a tenancy elsewhere or own a home.
- Non-occupation
- Every council tenant must use their council property as their only or principle home. It is a breach of tenancy if they:
- fail to occupy the property in this way
- do not notify us of intended absences that last over three months
- Misrepresenting information to exercise the Right to Buy
- Some tenants are able to buy their home through the Right to Buy scheme. These schemes allow tenants to buy their homes at a discount. It's a form of tenancy fraud if the tenant:
- isn't using our property as their main home
- provides false information such as the length of a joint applicant's occupation in our home
To protect public funds we also require all applicants to complete a supplementary form and provide evidence how they intend to purchase the property.
- Abandonment
- When a tenant moves out of the property, leaving the property empty.
Action we'll take
It is a criminal offence to commit tenancy fraud. If we have evidence a tenant has committed tenancy fraud we will seek to prosecute at court. The Prevention of Social Housing Fraud Act 2013 carries a sentence of up to two years and/or a fine up to £5,000.
We can make a claim for:
- any profit made from tenancy fraud to be repaid to the council
- possession of the home through the courts
- any rent arrears and legal costs
