Questions About Tenancy Fraud

Tackling Tenancy Fraud

Tenancy fraud is where someone who has a Housing Association or Council tenancy unlawfully sublets the whole of their home to someone else without the permission of their landlord. They often continue to pay the rent for the property directly to their landlord, but charge the person they are subletting a much higher rent. It is estimated that 1 in every 100 Housing Association and Council properties in the UK is illegally sublet.

Tenancy Fraud affects all of us. When someone sublets the whole of their home they are depriving someone in housing need of living in that property. Housing in London is in short supply and Local Authorities have long lists of applicants who are waiting for new affordable homes and who are often living in short-term private rented accommodation which is often very expensive for the Local Authority and not appropriate for their needs.

ISHA is tackling tenancy fraud. Where we identify people who have sublet their homes we will take action in the county courts to repossess the property, we will also refer the matter the Local Authority who may prosecute under the Prevention of Tenancy Fraud Act 2013, which carries a sentence of up to 2 years in prison and fine of up to £5,000 or for more serious cases they may prosecute under the Fraud Act 2006 which carries a prison sentence of up to 10 years and/or an unlimited fine.