Tenancy fraud is not a victimless crime. Every instance deprives someone in need from accessing affordable housing and puts additional pressure on social housing waiting lists.
There is also a cost to the public purse - calculated at £27 per taxpayer - when acting against perpetrators and supporting fraud victims.
Obtaining a home by giving false information, renting to a third party, or owning another home are all examples of fraud, punishable by imprisonment or financial penalty.
Tenancy fraud not only costs millions of pounds every year, but it impedes people in genuine need from securing housing.
Coastline takes a dim view of tenancy fraud and we will make referrals to Cornwall Council’s Fraud Investigation Team if we suspect that a crime is being committed.
Fraudulent activity can be carried out in several different ways, as explained here:
Making a false Right to Buy or Right to Acquire application
This is a criminal offence under the Fraud Act 2006 and the Prevention of Social Housing Fraud Act 2013. You could be prosecuted for misrepresenting your circumstances, such as the length of your tenancy, your household composition, or your principal residence.
False applications include:
- Lying about the duration of your tenancy to gain a greater discount.
- Not disclosing previous rent arrears, possession orders, or evictions.
- Including someone on a joint application who doesn't live in the property for the required period.
- Attempting to purchase a property that isn't your main home.
Illegally subletting a socially rented property
Illegally subletting a property can result in eviction, fines and imprisonment. Landlords can take legal action to evict both the tenant and the subtenant. Additionally, tenants could face criminal charges, particularly if they are found to be acting dishonestly or profiting from the illegal sublet.
If the tenant sublets the entire property and moves out, they may lose their tenancy rights, and the landlord can serve a notice to quit without needing a legal reason.
If found guilty in court, the tenant can be ordered to repay any illegal profit made from the sublet. Tenants facing criminal charges can find it very difficult to secure future rentals.
Providing misleading information on housing applications
Section 171 of the Housing Act 1996 makes it an offence to withhold information required to assess an application, or to provide false information that leads to a tenant acquiring a property.
Legal proceedings may begin if any false information is given on an application form to appear on the Housing Register; in response to subsequent review letters or other update mechanisms; or by applicants during a review.
Tenants must declare any changes in circumstances e.g. change of address, family composition, or purchase of another property.
Wrongfully claiming a tenancy following the death of the lawful tenant
The tenancy is part of the deceased's estate and is not automatically transferred to just anyone who lives there or wants it. The only legitimate way to end or take over a tenancy after a death is for an appointed personal representative to formally end it, or for an eligible family member to legally succeed to the tenancy.
Wrongfully claiming a tenancy occurs when someone tries to take possession or claim the tenancy without a legal right. It is an illegal activity, and a landlord cannot take back the property automatically.
If someone wrongfully claims a tenancy, they are occupying the property without permission, and the personal representative of the estate, or the landlord, can take action to regain possession.
You can report tenancy fraud to Cornwall Council via this link:
Report Fraud Online - Cornwall Council
Alternatively, you can email fraud@cornwall.gov.ukor call 0800 7316125.