Subletting, when it is not approved by social housing landlords and legally authorised with the appropriate documents and agreements in place, can be incredibly disruptive and ultimately is against the law.
For many landlords, including housing associations, subletting is often one big giant headache. It can be difficult to gain access to the truth and resolve any incidences of tenancy fraud.
Additionally, gathering the evidence to prove that a tenant has committed tenancy fraud by illegally subletting a property to other people can take a great amount of time and effort.
There is no doubt that tenancy fraud drains the valuable resources of landlords, particularly housing associations.
What is subletting?
In basic terms, subletting refers to the practice of a tenant renting out all or part of their social housing property without the agreement of their landlord.
Some subletting practices are legal, as long as the landlord has given written approval and the terms of the tenancy agreement allow this to occur. However, if this is not the case, then subletting is illegal, and the tenant is committing a criminal offence in doing so. Tenancy fraud can be damaging for landlords, neighbours and communities.
Put simply, subletting comes down to permission. If there is no official permission by the landlord, then subletting is not allowed and is acknowledged to be tenancy fraud.
Legislation requires the property to be the tenant’s main principal home and the tenancy agreement will clearly state that the tenant should not sublet or part with possession.
A breach of the tenancy agreement is serious and can incur legal action, which can result in the tenant losing their home if fraud is proven to have taken place.
Illegal subletting: what can be done?
If a landlord discovers that their tenant has illegally rented out some or all of the tenanted property, then it is important to gather all of the facts about the case. Talk to the tenant if they can be reached. Try to come to some agreement with them to remove the subletters.
It might also be a good idea to speak to the subletting tenants to see if they are aware they are breaching a tenancy agreement. The main aim is to remove the subtenants in a manner that minimises disruption for everyone.
If the tenant does not want to live in the property without subletting, then it is time to engage with a landlord’s rights and dissolve the tenancy in order to rent out the property to an approved and deserving individual or family.
The time it takes to complete tenancy investigations with evidence collation can be lengthy and complicated. Many landlords and housing associations do not have the resources, both financial and human, to ensure this process is completed thoroughly and with precision.
This is where specialists in the area of tenancy investigation and practice can be incredibly effective at resolving situations and regaining rightful control for the landlord or housing association.
Recent illegal subletting case
At HTFI, we work closely with landlords and housing associations to ensure tenancies are above board and agreements are upheld.
In a recent case, we had already completed an investigation that had proven a property had been sublet and the tenant resident elsewhere, but the tenant was given the benefit of the doubt and allowed to continue with the tenancy.
However, a few months later complaints were received from the neighbours that this tenant was still not living at the address and various other people were in residence and causing disruption.
Our HTFI investigation team recommenced enquiries and concluded that the tenant was not in residence, but there were other people visiting the property. Following subsequent visits and observation at the property, a home visit was arranged with the tenant to discuss the matter.
A time was set for late morning. As we knew the tenant was not at the address, it was suspected that they would arrive prior to the meeting. The property was observed from the early hours to counter any claim that they had left earlier that morning. As expected, the tenant arrived by taxi 20 minutes before the time of the appointment, using a key safe to obtain the key and enter the property.
The house was not in the condition expected in a long-term home with a teenage occupant. There were few clothes, mattresses without proper beds, no food in the fridge or the cupboards and the gas had been capped.
The tenant continued to deny subletting, even when they were shown statements from previous subtenants, details of the bank transfers for the rent and copies of text messages between herself and the illegal subtenants.
We were also able to locate a former occupier of the property who was happy to make a formal statement and provide confirmation of their period of occupation, with details of the accounts into which the sublet rent was paid.
As a result of specific cases such as this, our team at HTFI conduct thorough and in-depth investigations to counter excuses and uncover the truth.
Illegal subletting resolution
Our investigation team clearly explained the two options of either tenancy surrender or a court appearance. In addition, the tenant was served with a notice to quit. Happily, the completed surrender form was returned a few days later, and the tenancy was dissolved.
This case clearly demonstrates the extensive level of time, patience and expertise involved in an investigation, which housing managers are often unable to commit themselves. This is where HTFI effectively provide essential support, knowledge and expertise, as we will devote the time and resources needed to resolve these cases positively and comprehensively on behalf of social landlords.
How we can help you
Here at Housing Tenancy Fraud Investigations (HTFI), we are a highly skilled team of accredited professional investigators with extensive experience and detailed knowledge of the industry. This is because our team members have worked within the police, local authorities and social housing providers to deliver an effective and credible counter solution to social housing fraud.
As a result, we are specialists in the provision of support for social housing providers so they can accurately identify a wide range of fraudulent situations, such as social housing fraud, illegal subletting, occupancy fraud and false representation of housing needs.
Supporting housing associations and social landlords, the skilled team at HTFI ensure their properties are being used as the tenant’s ‘only and principal home’.
We help landlords to regain control of misused properties, enabling them to move genuine tenants off the waiting list.
If you suspect any aspect of illegal subletting, please get in touch with us.
