Tenancy fraud and unauthorised occupants policy - 3. Definitions

Instances of fraud occur through acts of deception or omission which may result in personal gain and/or damage to another person.

Tenancy fraud may be committed if:

  • an unauthorised occupant is living in a property
  • a tenant fails to occupy the property as their only and principal home
  • a tenant withholds necessary information
  • an applicant or existing tenant provides false information to join the housing waiting list, obtain an occupancy agreement, assign to a property, succeed to or join a tenancy, or apply for the Right to Buy scheme
  • a Right to Buy applicant enters into an agreement with a third party to buy the property for a cash incentive

An unauthorised occupant can be:

  • a lodger, partner or family member who is not pursuing the right to succeed to the tenancy but remains in occupation after the tenant has vacated or dies
  • 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)
  • someone who is assigned a tenancy without our permission
  • a private tenant who rents a property from a leaseholder on terms inconsistent with the conditions of the lease

A lodger is someone who lives with the tenant and pays them rent

Subletting means giving a tenancy to someone else and charging them rent.

Translate this website