ROOF Blog

Thousands of council tenants who make profits by illegally subletting their homes will face tough new measures to be announced by ministers this week. Subletting fraud is a civil offence punishable by a modest fine and the loss of tenancy. But John Housing Minister John Healey intends to make it a criminal offence so that the courts can recover the profits made. Those convicted could also face larger fines and prison sentences. Mr Healey estimates that up to 200,000 council tenants nationwide are illegally subletting their homes with many fraudulently claiming housing benefit at the same time, costing taxpayers tens of millions of pounds. He said that uncovering illegal subletting could free up at least 20,000 council homes if 10% of unlawful tenants were removed.

Thousands of tenants, students and buy-to-let investors will be hit by new laws forcing landlords to apply for planning permission if they want to rent a property to three or more people. Landlord associations have criticised the Government’s proposals, which will bring down from six to three the number of unrelated people who can rent a property together before planning permission is needed from local authorities. The legislation will affect only properties that register for a ‘change of use’ (for example, converting a family home into flats), and will not affect pre-existing houses of multiple occupation (HMOs) that are rented out to three or more tenants. There are more than 400,000 registered HMOs, and these will fall within the new legislation only if their landlords change the tenancy arrangements.

The Government has informed the National Landlords Association (NLA) that the Assured shorthold tenancy (AST) threshold will rise to £100,000 on October 1 2010. The proposal to increase the threshold had been broadly welcomed by the NLA as an attempt to offer greater clarity and transparency for landlords and tenants. But it seems that a quirk of the process means the change will be retrospective and will be applied to existing tenancies. As a result, any tenancy with an annual rent between £25,000 and £100,000 in existence on 1 October 2023 will become an AST overnight. The NLA says the proposals have the potential to be damaging to a significant number of landlords who entered into contractual tenancy agreements in good faith. Landlords and tenants will no longer be able to negotiate individual terms for their tenancy and the rights and responsibilities associated with the Housing Act 1988 will be extended to these higher rent properties.

The government is to offer cash rewards of up to £500 to people who report neighbours they suspect are unlawfully subletting their council home.

Ministers have been told that between 50,000 and 200,000 social rented homes in England are occupied by unauthorised tenants, at a time when waiting lists are full and housing projects have stalled.

They are expected to target 8,000 tenancy cheats in a first wave of investigations this week across 145 local authorities after a trawl of council records by the Audit Commission.

There is a growing crisis as demand for social housing has soared during the recession.

About 1.8m households are on waiting lists in England, while just 60,000 social homes have been built in the past two years.

John Healey, the housing minister, said: ‘We can’t allow cheats to hang on to the tenancies of council houses they don’t need and don’t live in.’

The crackdown will be difficult for subletters, who have no rights or protection if a social home is reclaimed, and who can be evicted in as few as seven days.