The facts around tenancy fraud are startling:
- The average cost to the taxpayer of a single tenancy fraud is around £42,000
- In 2019/20 it is estimated that 76% of tenancy fraud went undetected
- Across England more than 148,000 social homes are subject to some form of tenancy fraud
- At the same time, there are more than 104,000 homeless families in temporary accommodation – and more than 1.2 million on waiting lists
- In England, the annual cost of keeping people in temporary accommodation while they wait for a home amounts to £1.7 billion.
We will take action against anyone we believe to be committing tenancy fraud at one of our homes. If prosecuted, offenders could lose their home, incur a fine of up to £50,000, or even face time in prison.
You can help prevent tenancy fraud by reporting any concerns you have to us. Call us on 01494 476100 or email us confidentially on contact@redkitehousing.org.uk and we will follow up.
What is tenancy fraud?
Tenancy fraud is when someone lies or cheats to get or keep a home they’re not entitled to. Types of tenancy fraud include:
Subletting
This happens when a tenant rents out part or all of their home, even to a family member, without permission. This is a crime that can lead to prison or a fine under the Prevention of Social Housing Fraud Act 2013 and the Fraud Act 2006. It can happen anywhere, including through platforms like Airbnb. Social landlords can ask courts to make tenants repay any illegal profits, often amounting to tens of thousands of pounds
Misrepresentation
This is when someone lies or leaves out facts to get a home or a transfer into a bigger one and can lead to a fine. This is true even if someone else lies for them without being asked.
Joint tenancy fraud
Picture this: A sole tenant tells their landlord that their partner has moved in and requests a joint tenancy. Once approved, the original tenant moves out, leaving the remaining tenant, who often doesn't have a genuine need, in the home alone. This is another type of tenancy fraud and is taken very seriously as it takes away homes from those who genuinely need them.
Key selling
If a social tenant is granted a tenancy but never moves in and instead sells the keys to a third party, then this constitutes a criminal offence and is tenancy fraud.
Succession Fraud
Unfortunately, this is a growing phenomenon in the social housing field. Put simply, it’s when a tenant dies, and a person claims the right to succeed to the tenancy and home, by saying they’ve lived there for the required amount of time, when in fact, they haven’t.
What to do if you suspect someone is committing tenancy fraud
You can help prevent tenancy fraud by reporting any concerns you have to us. Call us on 01494 476100 or email us confidentially on contact@redkitehousing.org.uk and we will follow up.
Am I committing tenancy fraud?
Tenancy fraud can prevent those who are most in need from being able to find a home. We take it very seriously and we will investigate and take action against anybody who commits this offence. However, we also understand that not everyone is knowingly committing tenancy fraud – you may be doing something which you think is OK but is in fact a form of tenancy fraud. To help our tenants understand tenancy fraud better we’ve put together this list of FAQs.
FAQs
No – when a tenant rents out part or all of their home to someone else, even a family member, this is subletting, which is a form of tenancy fraud. This is the case even if the tenant is not making any money by doing so. Subletting is a criminal offence under the Prevention of Social Housing Fraud Act 2013 and the Fraud Act 2006, and it can lead to a custodial sentence or a fine.
No – if a tenant does not live in the home as their main home and allows another person to live there without our permission, this is known as unlawful assignment and is a form of tenancy fraud.
No – this is a form of tenancy fraud known as succession fraud: put simply, this is when a tenant dies, and a person claims the right to succeed as the tenant by saying they have lived there for the required period when they in fact haven’t.
Committing succession fraud means that those with a genuine need for a home have to wait longer to be housed – it takes away an opportunity for a family or a single person to have a safe and secure home, and is something we take very seriously.
No – when a tenant rents out part or all of their home to someone else using a service such as Airbnb, this is subletting, which is a form of tenancy fraud. Subletting is a criminal offence under the Prevention of Social Housing Fraud Act 2013 and the Fraud Act 2006, and it can lead to a custodial sentence or a fine.
No – this is a form of tenancy fraud called misrepresentation. Misrepresentation happens when someone lies to get a home or transfer to a larger one. This is a criminal offence that can lead to a prison sentence or a fine. Even if someone else lies on behalf of a tenant without being asked to do so, it's still an offence.
If there really are too many people living at home without the room they need, then you should consider a mutual exchange - there may be other tenants out there looking for a different-sized home, and you could help each other out. Find out more about overcrowding or underoccupation.
No – if you have a social tenancy you must live in the home as your main home.
No – this would be considered as tenancy fraud - you cannot have two social housing tenancies. This type of fraud undermines the housing system and prevents those in genuine need from accessing homes.
If you are an assured tenant, you have the right to take in lodgers. A lodger is someone who lives in your home, but does not have sole use of all of it.
The law says how many people can live in one house and so you must make sure that a lodger will not make your home overcrowded.
If you are on Housing Benefit you must inform us if you are taking in a lodger. You also need to tell the Housing Benefit team at Buckinghamshire Council that you have taken in a lodger as this may affect your benefits.
Also, if you have been receiving single person discount you will need to let Buckinghamshire Council's Council Tax team know.
If you want your lodger to move out, you will be responsible for organising this. When the lodger moves out, please let us know.