Tenancy fraud (Westminster housing residents)

We take tenancy fraud seriously, not only because it can result in the unlawful occupation of council housing, but also because it deprives legitimate applicants of a home and results in them staying in costly temporary accommodation.

Tenancy fraud is also a criminal offence under the prevention of Social Housing Fraud Act 2013 carries a sentence of up to two years and/or an unlimited fine.

What is tenancy fraud

There are different types of tenancy fraud. Examples include:

Unlawful subletting 

This is when a tenant moves out and rents out their home without our permission. This includes tenants who move out of their property leaving other family members living in the property.

Getting a tenancy by giving false information

This is when a tenant gets a tenancy by giving false information in their application to join the housing waiting list, to succeed to a tenancy or to join a tenancy.

Non occupation

Every tenant must use our property as their only or principle home. 

Abandonment 

This is when a tenant moves out of the property, leaving the property empty.

Misrepresenting information to exercise the Right to Buy or Right to Acquire  

Some tenants are able to buy their home through the Right to Buy scheme. These schemes allow tenants to buy their homes at a discount. Right to Buy fraud can occur when:

• false information is provided
• when the property is subject to other types of tenancy fraud such as subletting.
• where there is an agreement with a third party to buy the property for a cash incentive

What actions we take against tenancy fraud

The tri borough corporate anti-fraud team investigates all reports of tenancy fraud and takes action where there is sufficient evidence.

If we have evidence a tenant has committed tenancy fraud we may:

• seek to prosecute at court
• make a claim for any profit made from tenancy fraud to be repaid to the council
• make a claim for possession of their home through the courts
• make a claim for any rent arrears and legal costs

How to report tenancy fraud

If you suspect a tenant is committing tenancy fraud, please report it.

You can do this by:

• filling in our online form
• contacting the fraud hotline on 020 7361 2777
• contacting us directly on 0800 358 3783
• contact your area service centre

Please note that:

• investigations are confidential and can take time to complete
• we can only take action if the property is a Westminster city council property
• we will always keep your identity confidential
• we will let you know the outcome if we can

Prescribed persons

Below is a link to prescribed people and bodies that members of the public can raise concerns regarding public organisations.

Whistleblowing: list of prescribed people and bodies -(www.gov.uk)