Healey vows to make illegal sub-letting of council housing a criminal offence

The Housing Minister this week announced his intention to make illegal sub-letting of social housing a criminal offence.

Under the plan, landlords would have the option of pursuing a case of subletting as a criminal as well as a civil matter.

While proving unlawful subletting in the civil courts only requires convincing the court on the balance of probability, a criminal offence would have to be proved beyond reasonable doubt.

John Healey suggested that tenancy fraud investigators could at the same time be given powers similar to those available to investigators of housing benefit fraud.

This would mean that when they have information suggesting that a property is being fraudulently sublet, they can get access to records held by organisations such as utility companies and social services. These records could prove key to proving – to a criminal standard of proof – unlawful subletting.

The minister said the move would be an extra deterrent against potential tenancy cheats and strengthen the hand of councils, which could also seek to get back fraudulent profits.

He added: “Councils have made a good start but I want them to step up pressure on profiteering from council homes. I have handed them nearly 30,000 new hot leads for suspect tenants, but I am also looking to make this fraud a criminal offence, with tough penalties for the worst offenders to deter those who are thinking of making a fast buck from council housing."