New offence of unlawful subletting

New offence of unlawful subletting

The Prevention of Social Housing Fraud Act 2013 came into force on 15th October of this year. The act criminalises what would previously have been solely a civil court issue. It is designed to protect social housing so that it is occupied by those in greatest need. It has the following effect:

creates a new criminal offences of unlawful subletting by assured and secure tenants in social housing;

• gives local authorities powers to prosecute in cases of unlawful subletting;

• enables the courts to order the recovery of any profit made from unlawful subletting from tenants; and

• provides that assured tenants who unlawfully sublet the whole of their dwelling cannot subsequently regain their security of tenure.

For advice in respect of any prosecution under this act please contact our criminal department on:

Nottingham: 0115 9503231

Derby: 01332 203000

Mansfield: 01623 427944

If you are a sub-tenant who may be effected by this legislation please contact our civil department on 0115 9503231