Episode 10 Council House Crackdown


Episode 10

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Transcript


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I'm Michelle Ackerley.

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My parents both grew up on council estates

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and as a family, we understand the difference

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social housing can make to people's lives.

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But across the UK, there's a chronic shortage

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of council and housing association homes.

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I know so many friends and so many people

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that just literally don't have anywhere to live.

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Adding to the crisis, some tenants are abusing the system,

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holding on to properties they no longer need, or even worse -

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unlawfully subletting them and coining in a small fortune.

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Subletting social housing is wrong.

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It's wrong. It's illegal and it's wrong.

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So, every day, we'll be with the housing investigators

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as they crack down on those rogue tenants...

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-County Court bailiffs!

-DRILL WHIRS

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..reclaim properties...

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Anybody in?

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..and give them to families in genuine need.

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All of those keys are yours.

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Aw, don't, cos you'll start me off again.

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This is Council House Crackdown.

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Our reporter, property expert Luke Doonan,

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also grew up on a council estate, and for the last six months,

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he's been working alongside dedicated housing investigators

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who will stop at nothing

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to track down every single tenant who's abusing the system.

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-Today...

-Hello. It's Family Mosaic. Can you open the door, please?

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..tracking down the tenant who's netting a grand a month

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in a subletting scam.

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It's unusual to find evidence so concrete.

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The man who tried to buy his council flat totally gutted it,

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then seemed to disappear.

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When we got in there, the total shock.

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The property was completely gutted out.

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And on the trail of the high roller

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who should've been living here,

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but was actually living here.

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So I served a notice to quit

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and that was sent to Las Vegas and hand-delivered to this property.

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Councils and housing associations have a number of weapons

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in their armouries in the battle to clamp down on tenancy cheats.

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The Prevention Of Social Housing Fraud Act gives councils powers

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to requisition documents and see into bank accounts.

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But another valuable tool in finding the information

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to crack down on fraudsters is the internet.

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Social media sites make it easy

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for investigators to find out personal details,

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such as where people live and work.

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And in many cases,

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tenancy cheats advertise

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their social housing properties

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to rent online,

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which can provide investigators

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with their big breakthrough.

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Today, we're joining housing investigators

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on the trail of a woman who's been brazenly advertising

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her social housing property on the internet

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and pocketing up to £1,000 a month.

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We're not naming the tenant, because it's an ongoing investigation,

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but this is where she lives -

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a two-bedroom social housing property in Peckham, South London.

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Or at least this is where she's supposed to be living.

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In fact, she's been advertising her flat for rent

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and charging £500 a month for each room.

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All strictly illegal.

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The flat is managed by housing association Family Mosaic,

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where Carly Foley works as a tenancy fraud investigator.

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She first got wind there was a possible fraud going on

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when a neighbour contacted her.

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She began to build up evidence that the tenant was subletting.

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The case that I've been working on quite a lot,

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we've got some good evidence that the property has been sublet.

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Family Mosaic have 19 properties in this block of flats.

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One of the first things Carly did

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was to simply search the address online.

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She was astonished to find an advert for the flat.

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Literally I just googled the postcode of the block

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and it came up with the website.

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The advert here is for two double rooms.

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It's a two-bedroom property,

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so that indicates that the property has been sublet as a whole

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as there are two rooms available to rent, so that would suggest

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that our resident isn't actually residing at the property.

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You can see that the rooms are available for £500 per month.

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It also gives you who it's advertised by,

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which is my tenant's name, her age and her nationality.

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She's actually used her real name,

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which is why it was so easily found on the internet searches.

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Carly is shocked by how brazen this tenant has been.

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It's unusual to find evidence so concrete.

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Most people don't put all of the information onto the internet

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as they know that that is a tool that is used by investigators.

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Investigators often work in twos,

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and today, Carly has enlisted the support of colleague Dominic Howard.

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I'm going to be working with Dominic today.

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Sometimes it's really nice to have two of us out on these jobs.

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One person can be your eyes.

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You know, it's good to have a look around the property

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while the other person is engaging in conversation,

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taking notes and things like that.

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I need to tell you about today,

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so shall we go and have a quick meeting?

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Yeah, let's go into the meeting room.

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They're planning to visit the flat.

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Before heading out,

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Carly brings Dominic up to speed with events.

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So, today, I need to serve notice to quit and notice seeking possession.

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I visited the property on the 15th of September.

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I heard people inside speaking Spanish.

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They refused to open the door to me.

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There was some unopened mail

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that was addressed as well to the resident.

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Unopened mail can be one of the telltale signs

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that a tenant isn't living there.

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I've given the resident opportunities to meet with me.

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-She's not attended any of the appointments.

-OK.

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I've got no other option now

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but to serve the notice seeking possession and the notice to quit.

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The tenant is paying £500 a month rent,

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but according to the online advert,

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the amount subtenants are being charged is twice that.

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So, her current rent is £500 a month and she's charging £1,000 a month,

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so she's pocketing £500 a month.

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Actually, she's on Housing Benefit,

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so Housing Benefit are paying full rent,

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so she's actually pocketing the full £1,000.

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-Shall we make a move then?

-Yeah, let's do it.

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Carly and Dominic are off to the flat

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to start the process to get it back.

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So, the priority for when we come across a case where

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we definitely are able to prove sublet

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is that we can recover the property back quickly

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with least costs to Family Mosaic.

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Going to court is a very expensive process.

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Ideally, it's better if the person can relinquish their tenancy,

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which means we're able to then offer that property

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back to the local authority for all the other many families

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and people that are wanting social housing

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and have been following the correct procedures.

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When I come across cases like this, I do find it frustrating,

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but that's what drives me to take an interest in tenancy fraud

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and do the work that I do.

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Carly and Dominic arrive at the block of flats in Peckham.

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They have no idea what to expect when they knock on the door.

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So, this is Lords Court.

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Last time Carly visited this flat,

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she could hear suspected subtenants inside,

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but no-one would come to the door.

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I don't think anybody's here. Usually you can hear voices.

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SHE KNOCKS

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Hello. It's Family Mosaic. Can you open the door, please?

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-I can't hear anything.

-No. I don't think anybody's home.

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As nobody is in for me to hand-deliver the notice,

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I'm having to serve it at the property,

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so I'm going to secure it to the front door and take a picture

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and then for our records that will show that the document

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has been served successfully.

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The residents have four weeks from date of service

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at which to respond to Family Mosaic.

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What I will then be doing

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if I haven't had any contact from the resident,

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I will be referring the case to Family Mosaic's legal team

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in order to start court proceedings to commence...

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for possession of the property.

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And then I just have to take a picture

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to show to the judge the document has been hand-delivered

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to the property.

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OK. Let's go.

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Ideally, I would've liked to have met with the resident

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and actually completed the occupancy check, got inside,

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had a look at the property.

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Unfortunately, I wasn't able to do that today,

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but the documents have been served.

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The tenant failed to respond to the notice to quit,

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so Family Mosaic are now seeking a possession order.

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They're well on the way to getting this flat back,

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so they can give it to someone who really needs it.

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Council tenants should not be subletting their homes,

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that is classified as fraud.

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Well, I've never considered subletting my place,

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because it is just basically totally against the law.

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If someone is caught subletting, take the property off them.

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Simple as that.

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You know, there's no point going down all these routes

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of a fine on this and a penalty for that.

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Just take it off them.

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It may seem obvious, but if you're given a council house

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it's important that it's your main place of residence

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and that you actually live in it most of the time.

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If you no longer need it, you give it back.

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Of course, if you're a council tenant,

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you can go on holiday,

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but if you're going to be away for more than six weeks,

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then you need to inform your housing officer.

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And anything more than 13 weeks and you need formal permission,

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which is granted on a case-by-case basis.

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Our next case takes us to Oxford and this one-bedroom flat

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where one council tenant had his home,

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or at least it should be his home.

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In fact, last year he spent more than five months

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living here in beautiful Thailand.

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He didn't tell anyone from the council he was going,

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and while he was away he unlawfully sublet his flat.

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But the subtenants didn't pay the rent they'd agreed,

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and when the official tenant got back to Oxford,

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he went into the council offices, of all places, to complain.

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Housing investigator Dan Barker was put on the case.

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12 months ago, the tenant presented himself to the council offices,

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saying that some tenants he'd had in his property hadn't paid him

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the full amount of rent.

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Yes, you did hear that right.

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The tenant came into the council

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to complain that someone he'd sublet his flat to hadn't paid his rent.

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Fortunately, the customer services officer

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who dealt with him at the time

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realised the property was a council property

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and contacted the investigations team,

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at which point, I came down and spoke to the tenant.

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The tenant proceeded to tell Dan the whole story.

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He said that he'd been out of the country for five months

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and that while he'd been away

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he'd been subletting the property and the tenants hadn't paid him

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the full amount of rent that had been agreed.

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At that point, I cautioned him.

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I realised he'd committed an offence

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and asked him to come back at a later date for a formal interview.

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At the formal interview,

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the tenant admitted he'd been in Thailand

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for more than five months, visiting his girlfriend who lived there.

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Obviously, our tenants are allowed to take holidays.

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However, they have to let us know if they're going away

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for more than six weeks,

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and they have to ask our permission

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if they intend to be away for more than 13 weeks.

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In this case, the tenant was away for five months.

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And all that time, this one-bed property that the official tenant

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should've been living in was being sublet

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for nearly 100 a week.

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Not only that, but he was also being paid full housing benefit.

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So, whatever money he got from unlawfully subletting

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went straight into his pocket.

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He didn't seem to really grasp the repercussions of his actions.

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I don't think he fully understood that leaving

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the property for such a period and having subtenants

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was against his tenancy and potentially a criminal offence.

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Then there was one final twist in the tale.

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Council records showed the subtenants who were

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evicted by the official tenant when he got back from Thailand

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had been to the council to declare themselves homeless.

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They gave their previous address

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as none other than the official tenant's flat.

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It was the final confirmation, if they needed it,

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that the tenant had been subletting.

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Dan started legal proceedings to get the flat back.

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We served notice to quit

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and notice seeking possession on the tenant,

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which gave him four weeks before the tenancy was terminated.

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At the end of those four weeks,

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the council went to court and was granted a possession order.

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The tenant didn't contest the order and today, he's going to be evicted.

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So, the bailiff and the locksmiths

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have gone up to conduct the eviction.

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They've also gone with one of tenancy management officers

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in case the tenant is still in the property

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to make sure that he's OK and that the process runs smoothly.

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Once that's been finished,

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I will then join them and conduct the audit

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of the property in terms of recording any possessions

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that are left behind by the tenant,

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so they can be returned to him at a later date.

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The flat is empty.

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No-one is at home and Dan is given the all-clear to enter.

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We've come to the property and the tenant has not been at home.

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There's still quite a few of his possessions here,

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so I'm just documenting everything that he's left behind.

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So, once it goes into storage,

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we can arrange for it to be returned to him

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and we have an accurate record

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of what was left behind at the property.

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So, the property is actually in a fairly reasonable condition.

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It's fairly clean and it appears to be in a pretty good state of repair.

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I don't imagine it's going to be an awful lot of work

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that the voids team need to do to get this ready for re-letting.

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I imagine it'll be a fairly quick turnaround

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and could be back on the market within two weeks.

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Getting the property back is excellent news,

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but an eviction attended by a locksmith and bailiff

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costs around £1,000,

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and in this case, that's an expense that could've been avoided.

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Judging from the post that was on the floor,

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he's been gone at least two weeks.

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You know, he could've just handed his keys into the council

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and then we could've saved the costs of having a bailiff

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and all the extra people involved, a locksmith.

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If he'd come to the council and handed his keys in,

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we could've had the property re-let by now.

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But at least now he has the keys back.

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And as for the ex-tenant of this property,

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he's free to spend as much time in Thailand as he likes.

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I think if they're obviously in a position to move abroad,

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obviously financially they must be pretty stable

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to be able to move abroad, live abroad

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and sustain a house here,

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cos obviously they'll still have maybe, you know, a few bills

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or whatever to pay.

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From that point of view, I think it's unfair.

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I think if people move out of the UK and keep their house,

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it's a real problem at the moment, because of the high demand.

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If someone's going to spend six months of the year

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in another country,

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then they shouldn't have a social housing flat.

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That's crazy, you know,

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when you've got someone around the corner who's desperate

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for somewhere to live, you know.

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It's tough times, so people should...

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They should...

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They should only have a flat if it's going to be their main home.

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Britain's social housing stock is a precious resource.

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People who live in social housing

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have the privilege of reasonable rents,

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but they also have responsibilities too.

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Obviously, they have to pay the rent on time,

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look after the place properly

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and first and foremost, live in it as their primary home.

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But they also need to seek permission

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to spend time away or to make any major changes to the properties.

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In Burnley, Lancashire, two housing association tenants

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were evicted after seriously damaging their property -

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going as far as removing the copper pipework and boiler

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to sell on to a scrap metal dealer.

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The pair received

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six-month community orders

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and were ordered

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to pay compensation.

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Next, we follow the mysterious case of a man who first

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couldn't pay his rent,

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then put in a bid to buy his property, gutted it

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and then finally seemed to disappear altogether.

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Although this man didn't commit tenancy fraud,

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he flouted all the basic rules of his tenancy agreement.

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In 2007, he moved into a very nice flat

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in a lovely part of Clapham, South London.

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Seven years later,

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he applied to buy his flat under the council's Right to Buy scheme.

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The Right to Buy scheme can allow tenants

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up to approximately £100,000 discount on the price

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of their social housing property.

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Because of the huge amounts involved,

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councils keep a close eye on these transactions.

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The local council in this case, Lambeth,

0:17:330:17:36

routinely investigates every Right to Buy application

0:17:360:17:40

as part of its crackdown on fraud,

0:17:400:17:42

so investigator Pamela Esiso

0:17:420:17:44

was given this man's application to look into.

0:17:440:17:47

She immediately noticed that the tenant had financial problems.

0:17:470:17:51

When I started looking at the property,

0:17:510:17:54

I noted that the tenant had come to the area housing office

0:17:540:17:57

stating that he couldn't afford the rent

0:17:570:18:00

and he wanted to give up the property.

0:18:000:18:01

The area office said to him to think about it and come back,

0:18:010:18:05

but he needed to give four weeks' notice.

0:18:050:18:07

So, he went away and didn't come back after that.

0:18:070:18:11

A few months later, he puts in a Right to Buy.

0:18:110:18:14

Financial problems can happen to anyone,

0:18:140:18:17

but Pam was concerned

0:18:170:18:18

that if her tenant had difficulty paying his rent

0:18:180:18:20

he would also have difficulty paying a mortgage,

0:18:200:18:23

which would be considerably more expensive.

0:18:230:18:26

I carried out background checks on the tenant,

0:18:260:18:29

found that he was in financial difficulties.

0:18:290:18:33

He could barely afford his rent.

0:18:330:18:35

You know, from what I saw in the bank statements,

0:18:350:18:37

I didn't think he would afford a property of 400,000.

0:18:370:18:41

So, Pam started to dig deeper,

0:18:410:18:43

including looking at the tenant's online presence.

0:18:430:18:47

She discovered that he described himself as psychic

0:18:470:18:50

and also that he was looking into property investment.

0:18:500:18:55

He was also by this time in considerable rent arrears,

0:18:550:18:59

so Pam decided to pay her tenant an unannounced visit,

0:18:590:19:02

but he wasn't at home.

0:19:020:19:04

I went to the property,

0:19:040:19:06

I knocked on the door and a chap who didn't fit the profile

0:19:060:19:10

of the tenant opened the door.

0:19:100:19:13

I knew the tenant was French. We had a copy of his passport.

0:19:130:19:17

When I got there, I saw a different person. I saw a black male.

0:19:170:19:19

I asked when the tenant would be back.

0:19:190:19:22

He said, "Oh, probably the weekend."

0:19:220:19:24

And you know, just following on from that visit,

0:19:240:19:27

the suspicions had been raised yet again.

0:19:270:19:31

Pam spoke to a neighbour who told her

0:19:320:19:33

the tenant was no longer living there.

0:19:330:19:36

If you have a council tenancy,

0:19:360:19:38

part of the agreement is it has to be your primary home.

0:19:380:19:42

So, Pam called round a second time,

0:19:420:19:44

and this time she was amazed to be confronted

0:19:440:19:48

by a demolition site.

0:19:480:19:50

When we got there, the door was open and we walked in.

0:19:500:19:53

So, we didn't have to knock.

0:19:530:19:55

And we got in there, the total shock to me

0:19:550:19:58

of a big difference from when I saw it the last time.

0:19:580:20:01

I took photographs of what was going on.

0:20:010:20:04

The property was being refurbished. Completely gutted out.

0:20:040:20:08

There were lots of workmen. Everything was taken down.

0:20:080:20:11

The plumbing was being redone, the radiators.

0:20:110:20:15

The whole property was being refurbished.

0:20:150:20:18

At this point,

0:20:180:20:19

his Right to Buy application was still being assessed.

0:20:190:20:22

As he was still a council tenant,

0:20:220:20:24

any substantial work on a council property

0:20:240:20:27

has to be authorised upfront.

0:20:270:20:29

For council tenants,

0:20:290:20:31

you have to ask for permission when you carry out improvements.

0:20:310:20:34

It's part of your tenancy condition. And I had looked on the file.

0:20:340:20:37

There was nothing relating to refurbishments

0:20:370:20:41

or the request for authorisation.

0:20:410:20:44

Pam made further visits but never found the tenant in.

0:20:440:20:48

By now, Pam had amassed enough evidence

0:20:480:20:50

to evict the tenant for breaching his tenancy agreement

0:20:500:20:53

and serve a notice to quit.

0:20:530:20:56

Based on the evidence I had, I called up the area office

0:20:560:21:01

and requested they serve a notice immediately.

0:21:010:21:06

The notice to quit is the first step

0:21:060:21:08

in the process to get a property back.

0:21:080:21:10

In addition, Pam put an urgent stop on the Right to Buy application.

0:21:100:21:16

So, this morning, Luke is joining Pam's colleague,

0:21:160:21:19

tenancy enforcement officer Earl Lee.

0:21:190:21:22

Earl is about to serve the notice to quit

0:21:230:21:25

-at the council flat.

-Are you OK?

0:21:250:21:28

We're here today to serve notice on a tenant

0:21:280:21:30

who lives around the corner.

0:21:300:21:32

This is not the first time I've done this. We do this quite often.

0:21:320:21:35

But it's always nerve-racking, as I'm sure you'll appreciate.

0:21:350:21:37

We never know what's going to happen.

0:21:370:21:39

Serving eviction notices can be a tricky business.

0:21:390:21:42

I've had situations where I've been threatened, water thrown at me.

0:21:420:21:45

Could, of course, be a situation that no-one's there.

0:21:450:21:47

If that's the case, then I just serve the notice on the property.

0:21:470:21:51

But there's nothing to indicate there'll be a problem today.

0:21:510:21:53

-Hello. Mr

-BLEEP,

-I am from the council.

0:22:250:22:29

The door is opened by a man who does not fit the tenant's description,

0:22:290:22:32

and says he's a workman.

0:22:320:22:34

OK. Who's the occupier?

0:22:340:22:38

He tells the investigator that the tenant is not there,

0:22:380:22:41

that he doesn't know who the tenant is

0:22:410:22:43

and that, in fact, nobody is in occupation.

0:22:430:22:46

OK.

0:22:460:22:47

I just need to leave those for the person who should be living here.

0:22:470:22:50

He does however accept the paperwork.

0:22:500:22:53

-I'll just leave those for Mr

-BLEEP.

0:22:530:22:55

Thank you. Bye.

0:22:550:22:57

This gentleman is not known to us, but he does fit the description

0:23:000:23:03

of someone who has been seen at the property

0:23:030:23:05

by one of my colleagues before.

0:23:050:23:06

But he's certainly not the official tenant.

0:23:060:23:09

Now the tenant has 28 days to respond to the notice to quit.

0:23:090:23:15

He can do one of two things.

0:23:150:23:16

He can either give up possession of the property

0:23:160:23:19

or he can seek legal advice.

0:23:190:23:20

We will take that time to prepare a case,

0:23:200:23:23

which will then be preceded through courts.

0:23:230:23:25

So, you're going to take this one all the way to the end, as it were?

0:23:250:23:28

-Absolutely. It's our intention to do so.

-OK.

0:23:280:23:30

Two months later, the tenant was evicted

0:23:320:23:34

and the council are pursuing the rent arrears.

0:23:340:23:37

As a result of this investigation,

0:23:390:23:41

Lambeth have got one more council flat back

0:23:410:23:43

and have allocated it to someone on their waiting list.

0:23:430:23:48

As for the tenant, well,

0:23:480:23:49

I don't think he saw that one coming.

0:23:490:23:52

I think social housing is a really good thing.

0:23:550:23:57

It's important for the country and it's certainly important

0:23:570:24:00

for the people that definitely need this.

0:24:000:24:02

It's something that I think especially families need,

0:24:020:24:05

certainly across the capital and across the country.

0:24:050:24:07

Well, I think it's essential,

0:24:070:24:08

especially in a city like London where, you know,

0:24:080:24:11

housing is such a problem.

0:24:110:24:12

And I think it's really important it goes to the right people.

0:24:120:24:15

I think social housing is good,

0:24:150:24:17

because when people don't have a lot of money,

0:24:170:24:19

it helps them out and it gives them a bit of confidence.

0:24:190:24:22

Yeah. And if it wasn't there,

0:24:220:24:24

then we'd have a lot bigger problem than we have now with housing.

0:24:240:24:27

There are several different types of fraud tenancy cheats can employ.

0:24:310:24:35

One is succession fraud.

0:24:350:24:38

Succession is the legal term used for when a person inherits a tenancy

0:24:380:24:42

from a close relative, usually a parent, who has died.

0:24:420:24:46

To make a succession claim, a person must be eligible,

0:24:460:24:49

and that means they must have been living with a tenant

0:24:490:24:52

at the time of their death,

0:24:520:24:54

or if the tenancy started

0:24:540:24:55

before April 2012,

0:24:550:24:56

for at least 12 months previously.

0:24:560:24:59

In Hammersmith, West London,

0:24:590:25:01

a man applied for succession rights to inherit his father's flat,

0:25:010:25:04

claiming that he was living with his father at the time of his death.

0:25:040:25:08

The case was passed on to the council's antifraud service

0:25:080:25:11

and extensive checks revealed the man was actually living

0:25:110:25:14

in one of his mother's properties at the time.

0:25:140:25:18

The flat was returned

0:25:180:25:19

to the council.

0:25:190:25:20

Next, the case of a man who falsely claimed

0:25:220:25:25

he was entitled to inherit his late mother's flat,

0:25:250:25:28

and then when the claim was rejected,

0:25:280:25:31

he took the case to court.

0:25:310:25:32

Following the death of the elderly tenant of a flat in Balham,

0:25:330:25:36

South London, the tenant's son came forward

0:25:360:25:39

to make a succession claim on the property.

0:25:390:25:42

He told investigators he'd been living in this ground-floor flat

0:25:420:25:46

with his mother for over a year,

0:25:460:25:48

even though the flat only had one bedroom.

0:25:480:25:52

Luke joins Viridian Housing Association investigator Gemma

0:25:520:25:55

who's been looking into the case.

0:25:550:25:57

She doesn't wish to be identified.

0:25:570:25:59

We ask every claim that comes in for succession

0:26:000:26:03

to be referred over to us, so we can look at

0:26:030:26:05

whether it's a legitimate claim.

0:26:050:26:07

What we do is check whether someone has been residing

0:26:070:26:10

at the property for the last 12 months.

0:26:100:26:13

There's a big demand for one-bedroom ground-floor flats,

0:26:140:26:17

like the one the tenant's son wanted to inherit in Balham.

0:26:170:26:21

It's worth around £400,000 on the open market.

0:26:210:26:25

This is a really nice road, isn't it?

0:26:250:26:28

-It is.

-It's really lovely.

0:26:280:26:29

So, this is it.

0:26:320:26:33

I've seen a lot of social housing properties over the years, loads.

0:26:330:26:37

This is absolutely stunning.

0:26:370:26:40

When the elderly woman who lived here died in 2014,

0:26:400:26:44

her son contacted the housing association.

0:26:440:26:47

He came to you and asked if he could take over the tenancy?

0:26:470:26:51

He came to us and said that, "I would like to succeed the tenancy

0:26:510:26:54

"because I was living here and had been a resident with my mother."

0:26:540:26:58

Gemma was immediately suspicious,

0:26:580:27:01

because this was a one-bedroom property.

0:27:010:27:04

The son claimed he'd been sleeping on a sofa bed in the living room,

0:27:040:27:08

but Gemma decided to make some more inquiries.

0:27:080:27:12

First, she asked him for proof

0:27:120:27:14

that he'd been living at his mother's address.

0:27:140:27:16

He did supply some evidence,

0:27:160:27:18

but when we looked at it in more detail

0:27:180:27:20

we realised that he was providing letters

0:27:200:27:23

-that didn't even relate to him.

-Right.

0:27:230:27:25

-Strange.

-They were out...

-Very strange.

0:27:250:27:27

I mean, it was so obvious.

0:27:270:27:28

And also letters that weren't for the time that we'd requested either.

0:27:280:27:32

-OK.

-So, although he supplied lots of information,

0:27:320:27:34

it wasn't actual evidence that proved that he was resident

0:27:340:27:38

for the last 12 months there.

0:27:380:27:40

Unsatisfied with his response,

0:27:400:27:42

Gemma started researching the succession claimant.

0:27:420:27:45

Although he had recently changed

0:27:450:27:46

some of his bills over to his mother's address,

0:27:460:27:49

Gemma discovered the bulk of his correspondence

0:27:490:27:51

was associated with two other addresses in North London.

0:27:510:27:55

We found lots of evidence pointing him

0:27:550:27:58

to a different address completely, or two different addresses.

0:27:580:28:01

-Not even in our area. It was in North London.

-OK.

0:28:010:28:04

And one of those addresses was of particular interest.

0:28:040:28:08

We did searches and found that he was linked to this other address

0:28:080:28:12

more than he was linked to our tenant's property.

0:28:120:28:14

-OK.

-He was on the council tax register.

0:28:140:28:17

He was also on the electoral registries.

0:28:170:28:21

In fact, the electoral register showed the succession claimant

0:28:210:28:25

had been living with a woman thought to be his partner in North London

0:28:250:28:28

and not his mother in South London for the last three years.

0:28:280:28:33

So, it's kind of really linking him to his partner's property

0:28:330:28:36

-and not here.

-Absolutely.

0:28:360:28:38

All this information was adding up to a good case

0:28:380:28:41

that he was not entitled to succeed the tenancy.

0:28:410:28:44

You go into a massive amount of detail on these, don't you...?Yeah.

0:28:440:28:47

..looking at people's backgrounds?

0:28:470:28:49

Of course. We need to prove that he wasn't living at our property.

0:28:490:28:52

And it wasn't just the succession claimant's details

0:28:520:28:55

that were examined.

0:28:550:28:56

Gemma also looked into his mother's files

0:28:560:28:59

and found that she claimed the single person's discount

0:28:590:29:01

on a council tax and she didn't mention her son

0:29:010:29:04

on her benefits claim.

0:29:040:29:05

We confirmed that the mother

0:29:070:29:08

was claiming a single person's discount.

0:29:080:29:10

-Ah.

-Hadn't declared him on the benefit claim that she was on.

-OK.

0:29:100:29:15

The housing association rejected the son's succession claim,

0:29:160:29:20

but instead of giving up, he lodged an appeal.

0:29:200:29:23

I'm quite shocked by this because he knows

0:29:250:29:27

you have all this evidence against him

0:29:270:29:30

and he still goes to court to try to fight this.

0:29:300:29:33

-Did he come to court?

-Yes, he did.

-OK.

0:29:330:29:35

He attended every single hearing.

0:29:350:29:37

The final damning piece of evidence

0:29:370:29:39

was that eight months after his mother's death

0:29:390:29:42

and a week before court proceedings were due to start,

0:29:420:29:45

the tenant's son informed his place of work

0:29:450:29:47

that he was changing his address from North London

0:29:470:29:50

to his mother's address in South London.

0:29:500:29:53

Sure enough, the appeal was rejected.

0:29:540:29:57

Viridian Housing were given outright possession of the flat

0:29:570:30:00

and the failed succession claimant was ordered to pay costs

0:30:000:30:03

of more than £7,000.

0:30:030:30:05

How did it make you feel

0:30:060:30:08

to get this flat back into the public circle, if you like?

0:30:080:30:11

It was such a relief.

0:30:110:30:12

We're going to get a nice ground-floor property back.

0:30:120:30:15

There's someone that desperately needs this.

0:30:150:30:17

They've been waiting in the queue for years and years,

0:30:170:30:19

and it was such a nice feeling.

0:30:190:30:21

I don't think, personally, that, you know,

0:30:240:30:26

a house should be able to be passed on as a council house.

0:30:260:30:29

The council always own the house,

0:30:290:30:31

so they should have the right to say

0:30:310:30:33

who lives there, whether it's...in the future.

0:30:330:30:36

It shouldn't be able to be passed on, I don't think.

0:30:360:30:39

If that person is deceased now,

0:30:390:30:41

the next person in line that's needed the flat

0:30:410:30:44

it should go to, in that area within that council.

0:30:440:30:48

And it's not who you know. It's really the next person in line.

0:30:480:30:51

That's the only fair solution.

0:30:510:30:53

We used to have a system in the old council places

0:30:530:30:56

where when Mum or Dad died the children would have their place,

0:30:560:31:00

but we don't have it any more, so if you're lucky enough to have

0:31:000:31:04

what I still call a council place, which is social housing,

0:31:040:31:08

then keep it and when you die, someone else can have it.

0:31:080:31:11

I think the concept of, you know, cheating the system

0:31:110:31:15

for getting succession of the flat needs to be investigated.

0:31:150:31:22

I think a lot of resources are probably needed to look at that.

0:31:220:31:26

You know, what is the extent of that problem?

0:31:260:31:28

You know, to be honest, do we even know?

0:31:280:31:30

Social housing tenants who unlawfully sublet their property

0:31:330:31:37

sometimes advertise for subtenants.

0:31:370:31:39

Sometimes, as we've seen, they do that through online sites.

0:31:390:31:44

But one of the most brazen is to go through a high street estate agent.

0:31:440:31:49

Estate agents who help council tenants sublet their properties

0:31:490:31:53

may be breaking the law.

0:31:530:31:54

If an agency is duped

0:31:540:31:56

into advertising a council property for rent,

0:31:560:31:59

they could be fined or even jailed for up to two years

0:31:590:32:02

under Consumer Protection From Unfair Trading legislation.

0:32:020:32:06

New tenancy verification software

0:32:070:32:09

is now being developed to guard against this type of fraud.

0:32:090:32:13

We're back with Family Mosaic's investigators Carly and Dominic

0:32:160:32:19

on the trail of more unlawful subletters.

0:32:190:32:22

This isn't the first time housing investigators

0:32:270:32:29

have visited this particular two-bedroom flat

0:32:290:32:32

in Peckham, South London.

0:32:320:32:34

Last time, they found subletters here.

0:32:340:32:37

The property was tenanted by a couple

0:32:370:32:40

who spoke very little English.

0:32:400:32:42

My colleague did complete a visit here some time ago.

0:32:420:32:45

I do believe that the subtenants that we met with previously

0:32:450:32:48

have now left the address,

0:32:480:32:50

but I just want to see if our residents have actually returned

0:32:500:32:53

to the property or if it has again been sublet.

0:32:530:32:58

Checks revealed that the property had been let

0:32:580:33:00

through an estate agent.

0:33:000:33:02

This property was sublet through a managing agent.

0:33:020:33:05

The tenants have gone to a managing agent

0:33:050:33:07

and they obviously haven't carried out the checks required.

0:33:070:33:10

The tenants who should be living at this flat

0:33:100:33:13

were found to have links with other properties,

0:33:130:33:16

and investigators now want to establish once and for all

0:33:160:33:19

if they're living here or not.

0:33:190:33:21

We carried out checks on the tenants

0:33:210:33:24

that should be there

0:33:240:33:25

and we've linked them to two other properties.

0:33:250:33:27

They do have financial links, whether that be bank accounts,

0:33:270:33:30

credit cards or mobile phones to other addresses,

0:33:300:33:32

so we just need to double-check

0:33:320:33:35

and confirm exactly what property it is that they're residing at.

0:33:350:33:38

If there's no-one in today or if there are more subtenants

0:33:390:33:42

in the property,

0:33:420:33:43

then Carly and Dominic are going to serve a notice to quit.

0:33:430:33:46

Hello. This is Family Mosaic.

0:33:530:33:55

It seems there's no-one home,

0:33:590:34:00

so Carly and Dominic serve the notice to quit

0:34:000:34:03

and start the process to get the property back.

0:34:030:34:05

So, if you can...

0:34:070:34:09

I'll put it through the letterbox,

0:34:090:34:10

but I'll just take a picture of you actually putting it through.

0:34:100:34:13

-OK?

-Yeah.

0:34:170:34:19

There we go.

0:34:270:34:28

The tenants now have 28 days to give up the property

0:34:290:34:33

or provide an explanation.

0:34:330:34:36

It went OK. Ideally, I would've liked to have met with a resident

0:34:360:34:39

or at least a subtenant to get some more information,

0:34:390:34:42

but hopefully that will prompt the proper tenant

0:34:420:34:45

to get in contact to actually say, "Well, I've been caught.

0:34:450:34:48

"I hold my hands up. I'll relinquish my tenancy."

0:34:480:34:51

Or the other option is that they will be taken to court

0:34:510:34:54

and the judge can award us any monies that our tenants have gained

0:34:540:34:59

through illegally subletting their property.

0:34:590:35:02

The investigation is still ongoing, but with any luck,

0:35:020:35:07

the property will soon be reclaimed

0:35:070:35:09

and will provide a home for a more deserving family.

0:35:090:35:12

Agencies, particularly, should be penalised very heavily

0:35:160:35:20

if they are not assuring that these are proper tenancies.

0:35:200:35:24

Well, I guess for the people who are doing the subletting

0:35:240:35:27

it's cos you can make an awful lot of money,

0:35:270:35:29

because there's just a massive lack of housing available

0:35:290:35:32

to people who are desperate to be housed.

0:35:320:35:34

A lot of people abuse the system

0:35:340:35:36

and they take what they can get rather than taking what they need.

0:35:360:35:41

Councils and housing associations

0:35:440:35:46

take the idea of social housing fraud very seriously.

0:35:460:35:50

Good morning, everybody.

0:35:500:35:51

In 2012, they set up the Tenancy Fraud Forum,

0:35:510:35:55

which is sort of a supergroup of social landlords in the UK.

0:35:550:35:58

-Has everyone got an agenda?

-Yep.

-Yes.

0:35:580:36:00

Their mission is to share information

0:36:000:36:03

and come up with new ways of combating fraud.

0:36:030:36:05

Thank you so much for coming this morning

0:36:050:36:07

to the meeting of the Tenancy Fraud Forum.

0:36:070:36:09

We've got a very full and very interesting agenda.

0:36:090:36:12

The Tenancy Fraud Forum was formed to ensure

0:36:120:36:15

that all social landlords could work together

0:36:150:36:18

in combating tenancy fraud.

0:36:180:36:20

The forum meets four times a year.

0:36:200:36:22

Katrina Robinson from Viridian Housing Association

0:36:220:36:25

is the group's chair.

0:36:250:36:27

If people are subletting,

0:36:270:36:28

they should realise that social landlords

0:36:280:36:31

share information and data with each other,

0:36:310:36:33

so if somebody is subletting in Liverpool

0:36:330:36:37

and they've moved to Northern Ireland,

0:36:370:36:38

we will find out about it.

0:36:380:36:40

Sharing news of successes is high on the agenda.

0:36:400:36:43

We've had two cases that have gone to court

0:36:430:36:45

and we've been successful in both those cases.

0:36:450:36:48

Councils and housing associations

0:36:480:36:50

have got new tools to help root out wrongdoers.

0:36:500:36:53

Garym Lambert is a council fraud manager

0:36:530:36:55

from South Northants Council.

0:36:550:36:57

Anybody who investigates tenancy fraud has got significant powers.

0:36:570:37:02

We can get your bank accounts.

0:37:020:37:04

Utilities, gas, electricity, water, TV license, any finance you have.

0:37:040:37:11

Vehicle details. Anything like that, we can get that.

0:37:110:37:15

And the penalties are serious.

0:37:150:37:17

We are seeing more and more cases being put into the courts.

0:37:170:37:22

Ultimately, in the worst cases,

0:37:220:37:24

it's two years imprisonment and/or £50,000 in fines.

0:37:240:37:30

Monday we got our first Right to Buy fraud.

0:37:300:37:32

She pleaded guilty and she's sentencing on Friday.

0:37:320:37:36

-Very good. So she'll be going to prison for it then.

-Well, maybe.

0:37:360:37:39

Yes, let's hope so.

0:37:390:37:40

Since the Tenancy Fraud Forum has set up,

0:37:400:37:42

our members have really seen their success rates increase,

0:37:420:37:46

especially since we've had

0:37:460:37:47

the Prevention Of Social Housing Fraud Act,

0:37:470:37:49

which came into force in 2013.

0:37:490:37:52

Now somebody can go to prison for subletting

0:37:520:37:54

and we can also get back the profits that they've made.

0:37:540:37:57

And cooperation between housing associations

0:37:570:38:00

and local authorities is yielding results on the ground,

0:38:000:38:03

as our next case shows.

0:38:030:38:05

We're on the trail of a tenancy cheat

0:38:050:38:07

who's been subletting his Central London apartment

0:38:070:38:11

while for the last five years living and working in Las Vegas.

0:38:110:38:16

He should've been living in this very nice one-bedroom flat here

0:38:160:38:20

just around the corner from Euston Station,

0:38:200:38:22

but instead he was here in the gambling capital of the US.

0:38:220:38:27

-Hey, Sherene.

-Oh, hi, Luke.

-How are you?

-I'm fine, thank you.

-Good.

0:38:270:38:31

-Good to see you.

-And you.

-So, another case.

-Yes.

0:38:310:38:33

Luke's with housing officer Sherene Horne,

0:38:330:38:36

who was put on the case thanks to a tip-off from a tenant.

0:38:360:38:40

One of the residents in that block informed me

0:38:400:38:42

that there's a possible sublet

0:38:420:38:44

as they haven't seen the original tenant for quite a long time.

0:38:440:38:48

And I have to say that we do rely on information from residents,

0:38:480:38:52

cos we're not on site all the time, we don't see the comings and goings.

0:38:520:38:56

And also I'm sure that they don't want to see

0:38:560:38:58

properties being fraudulently used.

0:38:580:39:01

You know, they're honest, law-abiding residents,

0:39:010:39:04

so they expect others to be the same.

0:39:040:39:07

In fact, around 50% of the cases Sherene investigates

0:39:070:39:10

are as the result of a tip-off.

0:39:100:39:13

So, basically I did some checks and I did an audit.

0:39:130:39:17

I found a young lady to be residing in the property.

0:39:170:39:19

She didn't give me much information.

0:39:190:39:21

She just let me know that the tenant wasn't there at the time.

0:39:210:39:24

It's a clear case of unlawful subletting.

0:39:240:39:27

It's in a wonderful location. We can go and have a look, if you'd like?

0:39:270:39:30

-I'd love to. That'd be great.

-Yeah, let's do that.

0:39:300:39:33

-Thank you.

-There you go.

0:39:370:39:39

-So, it's on the second floor.

-Yes.

0:39:390:39:41

OK. OK.

0:39:410:39:43

So, it's a one-bedroom property.

0:39:430:39:45

-So, this would be the bedroom.

-This is the bedroom area.

-OK.

0:39:470:39:50

-I mean, for Central London, good size.

-Yeah.

0:39:500:39:52

-Kind of a dressing area down there.

-Storage down there.

0:39:520:39:54

-So, OK. That's in pretty good condition, isn't it?

-Yeah.

0:39:540:39:57

This is a decent bathroom,

0:39:570:39:58

so we should be able to just clean that up.

0:39:580:40:00

So, if we come through here,

0:40:000:40:02

we've got the kitchen and the lounge.

0:40:020:40:04

-This is nice.

-Yeah.

-This is lovely.

0:40:040:40:06

It's nice, it's spacious.

0:40:060:40:09

Oh, you know, you've got cafes, bars.

0:40:090:40:11

-And Euston Station...

-Yep.

-..two minute walk?

0:40:110:40:14

-Exactly.

-This is prime.

-It is. It's a really nice location.

0:40:140:40:18

-The community in the block is a close-knit community.

-Mm-hm.

0:40:180:40:23

That's how I came to find out that this property was being sublet.

0:40:230:40:26

Once she got a tip-off from a neighbour,

0:40:260:40:28

Sherene started looking into the tenant's background.

0:40:280:40:32

I carried out some checks with the National Fraud Agency.

0:40:320:40:35

That evidenced that the resident

0:40:350:40:36

didn't have any links to the address, none at all.

0:40:360:40:39

Looked at the electoral register to see if the resident was on there.

0:40:390:40:42

He wasn't, but several other people were.

0:40:420:40:45

It looked like he'd been subletting for some time.

0:40:450:40:48

Sherene passed her findings on to the local authority

0:40:480:40:51

for further checks.

0:40:510:40:53

So, I sent the details to Camden for further investigation

0:40:530:40:57

and Camden were able to locate the resident out of the country

0:40:570:41:01

and informed me that he hadn't been in the UK for over five years.

0:41:010:41:04

-Five years?!

-Yes. A very long time.

0:41:040:41:07

In fact, he'd been here - Las Vegas, the gambling capital of America.

0:41:070:41:13

After five years of unlawful subletting,

0:41:130:41:15

this tenant had plenty of money

0:41:150:41:17

to fritter away on the slot machines,

0:41:170:41:20

but the game was about to be up.

0:41:200:41:22

So, once I received confirmation

0:41:220:41:24

that actually he wasn't living at the property, I served notices.

0:41:240:41:28

I served a notice to quit and a notice of seeking possession.

0:41:280:41:31

-Right.

-That was sent to Las Vegas and hand-delivered to this property.

0:41:310:41:35

-Did he respond?

-He didn't respond,

0:41:350:41:38

but what he did do was ensure that the keys were delivered

0:41:380:41:42

to our offices before the end of the notice period.

0:41:420:41:45

-Oh, really?

-Yeah.

0:41:450:41:47

So, what that did was that meant that we could end the tenancy

0:41:470:41:50

without having to go to court.

0:41:500:41:52

So, that saved us some money on court costs.

0:41:520:41:54

I think he realised he was bang to rights,

0:41:540:41:56

especially as we had his address in Las Vegas.

0:41:560:41:59

I think he realised then that the best thing

0:41:590:42:01

is to just give back the tenancy.

0:42:010:42:03

So, thanks to the neighbour's tip-off and Sherene's tenacity,

0:42:030:42:06

this tenant had little choice but to cash in his chips.

0:42:060:42:11

And from the first point of your investigation

0:42:110:42:14

to getting the keys back, how long was that period?

0:42:140:42:18

All in all, it took just over four months

0:42:180:42:20

to regain possession of the property,

0:42:200:42:22

so really that's quite a speedy recovery,

0:42:220:42:24

because I have had cases that have dragged on for two years.

0:42:240:42:27

-Good work all around. Fantastic.

-Yeah. Thank you.

0:42:270:42:30

Now this flat will be allocated to someone more deserving,

0:42:300:42:34

and all because what happened in Vegas didn't stay in Vegas.

0:42:340:42:38

As we've seen, the tide is starting to turn

0:42:450:42:48

as investigators use new powers

0:42:480:42:50

to track down tenancy cheats wherever they are,

0:42:500:42:53

reclaim their properties and give them back

0:42:530:42:56

to some of the 1.5 million families

0:42:560:42:58

on council waiting lists across the UK.

0:42:580:43:01

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