Tenancy Fraud

In our effort to meet the demand for housing, it's important for us to take cases of tenancy fraud and unauthorised occupants seriously.

Tenancy fraud can take place in numerous ways, such as:

  • An unauthorised occupant resides in the property
  • A resident fails to occupy the property as their only and principal home
  • False information is provided in order to obtain an occupancy agreement.

An unauthorised occupant can be:

  • A lodger, partner or family member who remains in occupation after the resident has vacated or dies and is not pursuing the right to succeed
  • A sub-tenant who rents the whole of the property from a tenant (unlawful subletting)
  • A sub-tenant or lodger who occupies part of the property without the tenant obtaining written permission (breach of tenancy) – see lodger permission rules
  • A sub-tenant who rents part or the whole of the property from a leaseholder without the leaseholder obtaining written permission, as specified by the terms of the lease
  • Someone who is assigned a tenancy without our permission.

Please see our Tenancy fraud and unauthorised occupants policy for more information.

  • What action will you take if Tenancy Fraud is suspected?

    Before taking action against tenancy fraud, we first consider the circumstances of the case and consider whether it would be reasonable to retrospectively grant permission for the resident to sublet, have a lodger or assign their tenancy.

    Where we have evidence of tenancy fraud and have decided to seek possession of the property, we notify the legal tenant and ask them to end their agreement with us. We still consider whether further action could be taken, for example, whether we can apply for an Unlawful Profit Order where the tenant has financially gained from subletting.

    In cases of tenancy fraud by a homeowner, we first ask them to end the agreement with their subtenant and provide us with evidence of this. If the occupier refuses to voluntarily reach an agreement with us, we take swift action to recover possession of the property. Where legal action has been successful, court costs are also sought.

    In certain circumstances the local authority may also prosecute tenants who have sublet. We work in conjunction with our partners who may lead on a tenancy fraud investigation and will support them if they pursue action against our resident in line with their own policies.

  • How can I report suspected Tenancy Fraud?

    If you suspect one of our residents or homeowners of Tenancy Fraud, you should let us know right away.

    If you're one of our residents, you report this to your housing officer/PMO directly.

    If you know the postcode of the property and you're not one of our residents, or you want to report this anonymously, you can get in contact either through Live Chat (weekdays 8am to 6pm) or by using our contact form to report this to their housing officer.

    Information that would be really helpful when reporting to us is:

    • Address of the property you're reporting
    • Any information about the people living there that shouldn't be
    • How long do you think tenancy fraud has been going on?
    • Do you know where the current tenant is living?
    • If you don't wish to remain anonymous, please leave your contact details in case we need any further information down the line
  • How do I end my tenancy so I am not committing Tenancy Fraud?

    To end your tenancy with us, please get in contact with out housing officer to start the process.