Where somebody has obtained a tenancy fraudulently, we will take action to recover the property, including taking possession proceedings if necessary. We may also give consideration to criminal proceedings.
We work in conjunction with internal and external enforcement services, central government bodies and registered providers who may lead on a tenancy fraud investigation and will support them if they pursue action against our tenant in line with their own policies.
Where we have evidence that a tenant has illegally sublet their tenancy, before taking legal action to regain possession of the property, we first consider the circumstances of the case and whether it would be reasonable to retrospectively grant permission for the resident to sublet, have a lodger or assign their tenancy.
We consider whether we can apply for an Unlawful Profit Order where the tenant has financially gained from subletting. Where they do not voluntarily end their agreement, we will seek possession through the courts. In certain circumstances, we may also seek to prosecute tenants who have sublet.
In cases of private tenants renting a leasehold property on terms inconsistent with the conditions of the lease, we will ask the leaseholder to remedy the breach within a fixed timescale. If the leaseholder refuses to do so, we will consider legal action to rectify the breach. This can include recovering possession of the property. Where legal action has been successful, court costs are also sought.