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I'm Michelle Ackerley. | 0:00:03 | 0:00:05 | |
My parents both grew up on council estates | 0:00:05 | 0:00:07 | |
and as a family, we understand the difference | 0:00:07 | 0:00:10 | |
social housing can make to people's lives. | 0:00:10 | 0:00:12 | |
But across the UK, there's a chronic shortage | 0:00:15 | 0:00:17 | |
of council and housing association homes. | 0:00:17 | 0:00:20 | |
I know so many friends and so many people | 0:00:21 | 0:00:23 | |
that just literally don't have anywhere to live. | 0:00:23 | 0:00:26 | |
Adding to the crisis, some tenants are abusing the system, | 0:00:26 | 0:00:30 | |
holding on to properties they no longer need, or even worse - | 0:00:30 | 0:00:34 | |
unlawfully subletting them and coining in a small fortune. | 0:00:34 | 0:00:38 | |
Subletting social housing is wrong. | 0:00:38 | 0:00:40 | |
It's wrong. It's illegal and it's wrong. | 0:00:40 | 0:00:43 | |
So, every day, we'll be with the housing investigators | 0:00:43 | 0:00:46 | |
as they crack down on those rogue tenants... | 0:00:46 | 0:00:49 | |
-County Court bailiffs! -DRILL WHIRS | 0:00:49 | 0:00:51 | |
..reclaim properties... | 0:00:51 | 0:00:53 | |
Anybody in? | 0:00:53 | 0:00:54 | |
..and give them to families in genuine need. | 0:00:54 | 0:00:58 | |
All of those keys are yours. | 0:00:58 | 0:00:59 | |
Aw, don't, cos you'll start me off again. | 0:01:00 | 0:01:03 | |
This is Council House Crackdown. | 0:01:04 | 0:01:07 | |
Our reporter, property expert Luke Doonan, | 0:01:07 | 0:01:10 | |
also grew up on a council estate, and for the last six months, | 0:01:10 | 0:01:14 | |
he's been working alongside dedicated housing investigators | 0:01:14 | 0:01:18 | |
who will stop at nothing | 0:01:18 | 0:01:19 | |
to track down every single tenant who's abusing the system. | 0:01:19 | 0:01:23 | |
-Today... -Hello. It's Family Mosaic. Can you open the door, please? | 0:01:24 | 0:01:27 | |
..tracking down the tenant who's netting a grand a month | 0:01:27 | 0:01:31 | |
in a subletting scam. | 0:01:31 | 0:01:32 | |
It's unusual to find evidence so concrete. | 0:01:32 | 0:01:36 | |
The man who tried to buy his council flat totally gutted it, | 0:01:36 | 0:01:40 | |
then seemed to disappear. | 0:01:40 | 0:01:41 | |
When we got in there, the total shock. | 0:01:41 | 0:01:44 | |
The property was completely gutted out. | 0:01:44 | 0:01:47 | |
And on the trail of the high roller | 0:01:47 | 0:01:50 | |
who should've been living here, | 0:01:50 | 0:01:51 | |
but was actually living here. | 0:01:51 | 0:01:54 | |
So I served a notice to quit | 0:01:54 | 0:01:55 | |
and that was sent to Las Vegas and hand-delivered to this property. | 0:01:55 | 0:01:59 | |
Councils and housing associations have a number of weapons | 0:02:03 | 0:02:06 | |
in their armouries in the battle to clamp down on tenancy cheats. | 0:02:06 | 0:02:10 | |
The Prevention Of Social Housing Fraud Act gives councils powers | 0:02:10 | 0:02:14 | |
to requisition documents and see into bank accounts. | 0:02:14 | 0:02:18 | |
But another valuable tool in finding the information | 0:02:18 | 0:02:21 | |
to crack down on fraudsters is the internet. | 0:02:21 | 0:02:24 | |
Social media sites make it easy | 0:02:24 | 0:02:27 | |
for investigators to find out personal details, | 0:02:27 | 0:02:29 | |
such as where people live and work. | 0:02:29 | 0:02:32 | |
And in many cases, | 0:02:32 | 0:02:33 | |
tenancy cheats advertise | 0:02:33 | 0:02:35 | |
their social housing properties | 0:02:35 | 0:02:37 | |
to rent online, | 0:02:37 | 0:02:38 | |
which can provide investigators | 0:02:38 | 0:02:40 | |
with their big breakthrough. | 0:02:40 | 0:02:42 | |
Today, we're joining housing investigators | 0:02:42 | 0:02:44 | |
on the trail of a woman who's been brazenly advertising | 0:02:44 | 0:02:48 | |
her social housing property on the internet | 0:02:48 | 0:02:51 | |
and pocketing up to £1,000 a month. | 0:02:51 | 0:02:54 | |
We're not naming the tenant, because it's an ongoing investigation, | 0:02:55 | 0:02:59 | |
but this is where she lives - | 0:02:59 | 0:03:01 | |
a two-bedroom social housing property in Peckham, South London. | 0:03:01 | 0:03:05 | |
Or at least this is where she's supposed to be living. | 0:03:05 | 0:03:09 | |
In fact, she's been advertising her flat for rent | 0:03:09 | 0:03:11 | |
and charging £500 a month for each room. | 0:03:11 | 0:03:15 | |
All strictly illegal. | 0:03:15 | 0:03:17 | |
The flat is managed by housing association Family Mosaic, | 0:03:19 | 0:03:23 | |
where Carly Foley works as a tenancy fraud investigator. | 0:03:23 | 0:03:27 | |
She first got wind there was a possible fraud going on | 0:03:27 | 0:03:29 | |
when a neighbour contacted her. | 0:03:29 | 0:03:31 | |
She began to build up evidence that the tenant was subletting. | 0:03:31 | 0:03:35 | |
The case that I've been working on quite a lot, | 0:03:35 | 0:03:38 | |
we've got some good evidence that the property has been sublet. | 0:03:38 | 0:03:42 | |
Family Mosaic have 19 properties in this block of flats. | 0:03:43 | 0:03:47 | |
One of the first things Carly did | 0:03:47 | 0:03:49 | |
was to simply search the address online. | 0:03:49 | 0:03:52 | |
She was astonished to find an advert for the flat. | 0:03:52 | 0:03:55 | |
Literally I just googled the postcode of the block | 0:03:55 | 0:03:58 | |
and it came up with the website. | 0:03:58 | 0:04:01 | |
The advert here is for two double rooms. | 0:04:01 | 0:04:05 | |
It's a two-bedroom property, | 0:04:05 | 0:04:07 | |
so that indicates that the property has been sublet as a whole | 0:04:07 | 0:04:10 | |
as there are two rooms available to rent, so that would suggest | 0:04:10 | 0:04:13 | |
that our resident isn't actually residing at the property. | 0:04:13 | 0:04:17 | |
You can see that the rooms are available for £500 per month. | 0:04:17 | 0:04:22 | |
It also gives you who it's advertised by, | 0:04:22 | 0:04:25 | |
which is my tenant's name, her age and her nationality. | 0:04:25 | 0:04:30 | |
She's actually used her real name, | 0:04:30 | 0:04:32 | |
which is why it was so easily found on the internet searches. | 0:04:32 | 0:04:36 | |
Carly is shocked by how brazen this tenant has been. | 0:04:36 | 0:04:40 | |
It's unusual to find evidence so concrete. | 0:04:40 | 0:04:44 | |
Most people don't put all of the information onto the internet | 0:04:44 | 0:04:48 | |
as they know that that is a tool that is used by investigators. | 0:04:48 | 0:04:54 | |
Investigators often work in twos, | 0:04:54 | 0:04:56 | |
and today, Carly has enlisted the support of colleague Dominic Howard. | 0:04:56 | 0:05:00 | |
I'm going to be working with Dominic today. | 0:05:02 | 0:05:04 | |
Sometimes it's really nice to have two of us out on these jobs. | 0:05:04 | 0:05:08 | |
One person can be your eyes. | 0:05:08 | 0:05:10 | |
You know, it's good to have a look around the property | 0:05:10 | 0:05:12 | |
while the other person is engaging in conversation, | 0:05:12 | 0:05:15 | |
taking notes and things like that. | 0:05:15 | 0:05:17 | |
I need to tell you about today, | 0:05:17 | 0:05:19 | |
so shall we go and have a quick meeting? | 0:05:19 | 0:05:20 | |
Yeah, let's go into the meeting room. | 0:05:20 | 0:05:22 | |
They're planning to visit the flat. | 0:05:22 | 0:05:24 | |
Before heading out, | 0:05:24 | 0:05:25 | |
Carly brings Dominic up to speed with events. | 0:05:25 | 0:05:28 | |
So, today, I need to serve notice to quit and notice seeking possession. | 0:05:29 | 0:05:34 | |
I visited the property on the 15th of September. | 0:05:34 | 0:05:38 | |
I heard people inside speaking Spanish. | 0:05:38 | 0:05:41 | |
They refused to open the door to me. | 0:05:41 | 0:05:44 | |
There was some unopened mail | 0:05:44 | 0:05:46 | |
that was addressed as well to the resident. | 0:05:46 | 0:05:49 | |
Unopened mail can be one of the telltale signs | 0:05:49 | 0:05:52 | |
that a tenant isn't living there. | 0:05:52 | 0:05:54 | |
I've given the resident opportunities to meet with me. | 0:05:54 | 0:05:57 | |
-She's not attended any of the appointments. -OK. | 0:05:57 | 0:06:01 | |
I've got no other option now | 0:06:01 | 0:06:02 | |
but to serve the notice seeking possession and the notice to quit. | 0:06:02 | 0:06:06 | |
The tenant is paying £500 a month rent, | 0:06:06 | 0:06:09 | |
but according to the online advert, | 0:06:09 | 0:06:11 | |
the amount subtenants are being charged is twice that. | 0:06:11 | 0:06:14 | |
So, her current rent is £500 a month and she's charging £1,000 a month, | 0:06:14 | 0:06:19 | |
so she's pocketing £500 a month. | 0:06:19 | 0:06:22 | |
Actually, she's on Housing Benefit, | 0:06:22 | 0:06:24 | |
so Housing Benefit are paying full rent, | 0:06:24 | 0:06:27 | |
so she's actually pocketing the full £1,000. | 0:06:27 | 0:06:30 | |
-Shall we make a move then? -Yeah, let's do it. | 0:06:30 | 0:06:33 | |
Carly and Dominic are off to the flat | 0:06:34 | 0:06:36 | |
to start the process to get it back. | 0:06:36 | 0:06:38 | |
So, the priority for when we come across a case where | 0:06:40 | 0:06:43 | |
we definitely are able to prove sublet | 0:06:43 | 0:06:45 | |
is that we can recover the property back quickly | 0:06:45 | 0:06:49 | |
with least costs to Family Mosaic. | 0:06:49 | 0:06:52 | |
Going to court is a very expensive process. | 0:06:52 | 0:06:55 | |
Ideally, it's better if the person can relinquish their tenancy, | 0:06:55 | 0:06:59 | |
which means we're able to then offer that property | 0:06:59 | 0:07:01 | |
back to the local authority for all the other many families | 0:07:01 | 0:07:05 | |
and people that are wanting social housing | 0:07:05 | 0:07:07 | |
and have been following the correct procedures. | 0:07:07 | 0:07:10 | |
When I come across cases like this, I do find it frustrating, | 0:07:11 | 0:07:15 | |
but that's what drives me to take an interest in tenancy fraud | 0:07:15 | 0:07:20 | |
and do the work that I do. | 0:07:20 | 0:07:22 | |
Carly and Dominic arrive at the block of flats in Peckham. | 0:07:25 | 0:07:29 | |
They have no idea what to expect when they knock on the door. | 0:07:29 | 0:07:33 | |
So, this is Lords Court. | 0:07:33 | 0:07:36 | |
Last time Carly visited this flat, | 0:07:38 | 0:07:40 | |
she could hear suspected subtenants inside, | 0:07:40 | 0:07:43 | |
but no-one would come to the door. | 0:07:43 | 0:07:45 | |
I don't think anybody's here. Usually you can hear voices. | 0:07:55 | 0:07:58 | |
SHE KNOCKS | 0:07:58 | 0:08:00 | |
Hello. It's Family Mosaic. Can you open the door, please? | 0:08:00 | 0:08:04 | |
-I can't hear anything. -No. I don't think anybody's home. | 0:08:05 | 0:08:10 | |
As nobody is in for me to hand-deliver the notice, | 0:08:10 | 0:08:12 | |
I'm having to serve it at the property, | 0:08:12 | 0:08:15 | |
so I'm going to secure it to the front door and take a picture | 0:08:15 | 0:08:19 | |
and then for our records that will show that the document | 0:08:19 | 0:08:21 | |
has been served successfully. | 0:08:21 | 0:08:23 | |
The residents have four weeks from date of service | 0:08:25 | 0:08:29 | |
at which to respond to Family Mosaic. | 0:08:29 | 0:08:32 | |
What I will then be doing | 0:08:32 | 0:08:34 | |
if I haven't had any contact from the resident, | 0:08:34 | 0:08:36 | |
I will be referring the case to Family Mosaic's legal team | 0:08:36 | 0:08:40 | |
in order to start court proceedings to commence... | 0:08:40 | 0:08:45 | |
for possession of the property. | 0:08:45 | 0:08:47 | |
And then I just have to take a picture | 0:08:49 | 0:08:51 | |
to show to the judge the document has been hand-delivered | 0:08:51 | 0:08:56 | |
to the property. | 0:08:56 | 0:08:58 | |
OK. Let's go. | 0:08:58 | 0:09:00 | |
Ideally, I would've liked to have met with the resident | 0:09:05 | 0:09:08 | |
and actually completed the occupancy check, got inside, | 0:09:08 | 0:09:11 | |
had a look at the property. | 0:09:11 | 0:09:12 | |
Unfortunately, I wasn't able to do that today, | 0:09:12 | 0:09:14 | |
but the documents have been served. | 0:09:14 | 0:09:16 | |
The tenant failed to respond to the notice to quit, | 0:09:16 | 0:09:19 | |
so Family Mosaic are now seeking a possession order. | 0:09:19 | 0:09:24 | |
They're well on the way to getting this flat back, | 0:09:24 | 0:09:26 | |
so they can give it to someone who really needs it. | 0:09:26 | 0:09:29 | |
Council tenants should not be subletting their homes, | 0:09:32 | 0:09:34 | |
that is classified as fraud. | 0:09:34 | 0:09:36 | |
Well, I've never considered subletting my place, | 0:09:36 | 0:09:38 | |
because it is just basically totally against the law. | 0:09:38 | 0:09:41 | |
If someone is caught subletting, take the property off them. | 0:09:41 | 0:09:45 | |
Simple as that. | 0:09:45 | 0:09:46 | |
You know, there's no point going down all these routes | 0:09:46 | 0:09:48 | |
of a fine on this and a penalty for that. | 0:09:48 | 0:09:50 | |
Just take it off them. | 0:09:50 | 0:09:52 | |
It may seem obvious, but if you're given a council house | 0:09:55 | 0:09:58 | |
it's important that it's your main place of residence | 0:09:58 | 0:10:01 | |
and that you actually live in it most of the time. | 0:10:01 | 0:10:04 | |
If you no longer need it, you give it back. | 0:10:04 | 0:10:07 | |
Of course, if you're a council tenant, | 0:10:07 | 0:10:09 | |
you can go on holiday, | 0:10:09 | 0:10:11 | |
but if you're going to be away for more than six weeks, | 0:10:11 | 0:10:14 | |
then you need to inform your housing officer. | 0:10:14 | 0:10:17 | |
And anything more than 13 weeks and you need formal permission, | 0:10:17 | 0:10:21 | |
which is granted on a case-by-case basis. | 0:10:21 | 0:10:25 | |
Our next case takes us to Oxford and this one-bedroom flat | 0:10:26 | 0:10:30 | |
where one council tenant had his home, | 0:10:30 | 0:10:32 | |
or at least it should be his home. | 0:10:32 | 0:10:34 | |
In fact, last year he spent more than five months | 0:10:36 | 0:10:39 | |
living here in beautiful Thailand. | 0:10:39 | 0:10:43 | |
He didn't tell anyone from the council he was going, | 0:10:43 | 0:10:46 | |
and while he was away he unlawfully sublet his flat. | 0:10:46 | 0:10:50 | |
But the subtenants didn't pay the rent they'd agreed, | 0:10:50 | 0:10:54 | |
and when the official tenant got back to Oxford, | 0:10:54 | 0:10:56 | |
he went into the council offices, of all places, to complain. | 0:10:56 | 0:11:01 | |
Housing investigator Dan Barker was put on the case. | 0:11:01 | 0:11:04 | |
12 months ago, the tenant presented himself to the council offices, | 0:11:04 | 0:11:08 | |
saying that some tenants he'd had in his property hadn't paid him | 0:11:08 | 0:11:11 | |
the full amount of rent. | 0:11:11 | 0:11:12 | |
Yes, you did hear that right. | 0:11:12 | 0:11:14 | |
The tenant came into the council | 0:11:14 | 0:11:16 | |
to complain that someone he'd sublet his flat to hadn't paid his rent. | 0:11:16 | 0:11:22 | |
Fortunately, the customer services officer | 0:11:22 | 0:11:24 | |
who dealt with him at the time | 0:11:24 | 0:11:25 | |
realised the property was a council property | 0:11:25 | 0:11:27 | |
and contacted the investigations team, | 0:11:27 | 0:11:29 | |
at which point, I came down and spoke to the tenant. | 0:11:29 | 0:11:32 | |
The tenant proceeded to tell Dan the whole story. | 0:11:32 | 0:11:35 | |
He said that he'd been out of the country for five months | 0:11:35 | 0:11:38 | |
and that while he'd been away | 0:11:38 | 0:11:39 | |
he'd been subletting the property and the tenants hadn't paid him | 0:11:39 | 0:11:42 | |
the full amount of rent that had been agreed. | 0:11:42 | 0:11:44 | |
At that point, I cautioned him. | 0:11:44 | 0:11:46 | |
I realised he'd committed an offence | 0:11:46 | 0:11:47 | |
and asked him to come back at a later date for a formal interview. | 0:11:47 | 0:11:50 | |
At the formal interview, | 0:11:52 | 0:11:53 | |
the tenant admitted he'd been in Thailand | 0:11:53 | 0:11:55 | |
for more than five months, visiting his girlfriend who lived there. | 0:11:55 | 0:11:59 | |
Obviously, our tenants are allowed to take holidays. | 0:11:59 | 0:12:02 | |
However, they have to let us know if they're going away | 0:12:02 | 0:12:04 | |
for more than six weeks, | 0:12:04 | 0:12:05 | |
and they have to ask our permission | 0:12:05 | 0:12:07 | |
if they intend to be away for more than 13 weeks. | 0:12:07 | 0:12:09 | |
In this case, the tenant was away for five months. | 0:12:09 | 0:12:12 | |
And all that time, this one-bed property that the official tenant | 0:12:12 | 0:12:15 | |
should've been living in was being sublet | 0:12:15 | 0:12:18 | |
for nearly 100 a week. | 0:12:18 | 0:12:20 | |
Not only that, but he was also being paid full housing benefit. | 0:12:20 | 0:12:24 | |
So, whatever money he got from unlawfully subletting | 0:12:24 | 0:12:26 | |
went straight into his pocket. | 0:12:26 | 0:12:29 | |
He didn't seem to really grasp the repercussions of his actions. | 0:12:29 | 0:12:33 | |
I don't think he fully understood that leaving | 0:12:33 | 0:12:36 | |
the property for such a period and having subtenants | 0:12:36 | 0:12:39 | |
was against his tenancy and potentially a criminal offence. | 0:12:39 | 0:12:43 | |
Then there was one final twist in the tale. | 0:12:43 | 0:12:46 | |
Council records showed the subtenants who were | 0:12:46 | 0:12:48 | |
evicted by the official tenant when he got back from Thailand | 0:12:48 | 0:12:51 | |
had been to the council to declare themselves homeless. | 0:12:51 | 0:12:55 | |
They gave their previous address | 0:12:55 | 0:12:57 | |
as none other than the official tenant's flat. | 0:12:57 | 0:13:00 | |
It was the final confirmation, if they needed it, | 0:13:00 | 0:13:03 | |
that the tenant had been subletting. | 0:13:03 | 0:13:05 | |
Dan started legal proceedings to get the flat back. | 0:13:05 | 0:13:09 | |
We served notice to quit | 0:13:09 | 0:13:10 | |
and notice seeking possession on the tenant, | 0:13:10 | 0:13:12 | |
which gave him four weeks before the tenancy was terminated. | 0:13:12 | 0:13:17 | |
At the end of those four weeks, | 0:13:17 | 0:13:19 | |
the council went to court and was granted a possession order. | 0:13:19 | 0:13:23 | |
The tenant didn't contest the order and today, he's going to be evicted. | 0:13:23 | 0:13:28 | |
So, the bailiff and the locksmiths | 0:13:28 | 0:13:29 | |
have gone up to conduct the eviction. | 0:13:29 | 0:13:31 | |
They've also gone with one of tenancy management officers | 0:13:31 | 0:13:34 | |
in case the tenant is still in the property | 0:13:34 | 0:13:36 | |
to make sure that he's OK and that the process runs smoothly. | 0:13:36 | 0:13:39 | |
Once that's been finished, | 0:13:39 | 0:13:41 | |
I will then join them and conduct the audit | 0:13:41 | 0:13:43 | |
of the property in terms of recording any possessions | 0:13:43 | 0:13:45 | |
that are left behind by the tenant, | 0:13:45 | 0:13:47 | |
so they can be returned to him at a later date. | 0:13:47 | 0:13:49 | |
The flat is empty. | 0:13:55 | 0:13:56 | |
No-one is at home and Dan is given the all-clear to enter. | 0:13:56 | 0:13:59 | |
We've come to the property and the tenant has not been at home. | 0:14:00 | 0:14:03 | |
There's still quite a few of his possessions here, | 0:14:03 | 0:14:05 | |
so I'm just documenting everything that he's left behind. | 0:14:05 | 0:14:08 | |
So, once it goes into storage, | 0:14:08 | 0:14:10 | |
we can arrange for it to be returned to him | 0:14:10 | 0:14:12 | |
and we have an accurate record | 0:14:12 | 0:14:13 | |
of what was left behind at the property. | 0:14:13 | 0:14:15 | |
So, the property is actually in a fairly reasonable condition. | 0:14:15 | 0:14:18 | |
It's fairly clean and it appears to be in a pretty good state of repair. | 0:14:18 | 0:14:23 | |
I don't imagine it's going to be an awful lot of work | 0:14:23 | 0:14:25 | |
that the voids team need to do to get this ready for re-letting. | 0:14:25 | 0:14:29 | |
I imagine it'll be a fairly quick turnaround | 0:14:29 | 0:14:31 | |
and could be back on the market within two weeks. | 0:14:31 | 0:14:33 | |
Getting the property back is excellent news, | 0:14:33 | 0:14:36 | |
but an eviction attended by a locksmith and bailiff | 0:14:36 | 0:14:39 | |
costs around £1,000, | 0:14:39 | 0:14:41 | |
and in this case, that's an expense that could've been avoided. | 0:14:41 | 0:14:44 | |
Judging from the post that was on the floor, | 0:14:44 | 0:14:46 | |
he's been gone at least two weeks. | 0:14:46 | 0:14:47 | |
You know, he could've just handed his keys into the council | 0:14:47 | 0:14:50 | |
and then we could've saved the costs of having a bailiff | 0:14:50 | 0:14:53 | |
and all the extra people involved, a locksmith. | 0:14:53 | 0:14:56 | |
If he'd come to the council and handed his keys in, | 0:14:56 | 0:15:00 | |
we could've had the property re-let by now. | 0:15:00 | 0:15:02 | |
But at least now he has the keys back. | 0:15:05 | 0:15:08 | |
And as for the ex-tenant of this property, | 0:15:08 | 0:15:10 | |
he's free to spend as much time in Thailand as he likes. | 0:15:10 | 0:15:13 | |
I think if they're obviously in a position to move abroad, | 0:15:15 | 0:15:19 | |
obviously financially they must be pretty stable | 0:15:19 | 0:15:22 | |
to be able to move abroad, live abroad | 0:15:22 | 0:15:24 | |
and sustain a house here, | 0:15:24 | 0:15:25 | |
cos obviously they'll still have maybe, you know, a few bills | 0:15:25 | 0:15:28 | |
or whatever to pay. | 0:15:28 | 0:15:29 | |
From that point of view, I think it's unfair. | 0:15:29 | 0:15:31 | |
I think if people move out of the UK and keep their house, | 0:15:31 | 0:15:34 | |
it's a real problem at the moment, because of the high demand. | 0:15:34 | 0:15:37 | |
If someone's going to spend six months of the year | 0:15:37 | 0:15:39 | |
in another country, | 0:15:39 | 0:15:40 | |
then they shouldn't have a social housing flat. | 0:15:40 | 0:15:42 | |
That's crazy, you know, | 0:15:42 | 0:15:44 | |
when you've got someone around the corner who's desperate | 0:15:44 | 0:15:47 | |
for somewhere to live, you know. | 0:15:47 | 0:15:49 | |
It's tough times, so people should... | 0:15:49 | 0:15:53 | |
They should... | 0:15:53 | 0:15:54 | |
They should only have a flat if it's going to be their main home. | 0:15:54 | 0:15:56 | |
Britain's social housing stock is a precious resource. | 0:16:00 | 0:16:04 | |
People who live in social housing | 0:16:04 | 0:16:06 | |
have the privilege of reasonable rents, | 0:16:06 | 0:16:08 | |
but they also have responsibilities too. | 0:16:08 | 0:16:11 | |
Obviously, they have to pay the rent on time, | 0:16:11 | 0:16:13 | |
look after the place properly | 0:16:13 | 0:16:15 | |
and first and foremost, live in it as their primary home. | 0:16:15 | 0:16:19 | |
But they also need to seek permission | 0:16:19 | 0:16:21 | |
to spend time away or to make any major changes to the properties. | 0:16:21 | 0:16:26 | |
In Burnley, Lancashire, two housing association tenants | 0:16:26 | 0:16:29 | |
were evicted after seriously damaging their property - | 0:16:29 | 0:16:32 | |
going as far as removing the copper pipework and boiler | 0:16:32 | 0:16:36 | |
to sell on to a scrap metal dealer. | 0:16:36 | 0:16:39 | |
The pair received | 0:16:39 | 0:16:40 | |
six-month community orders | 0:16:40 | 0:16:42 | |
and were ordered | 0:16:42 | 0:16:43 | |
to pay compensation. | 0:16:43 | 0:16:45 | |
Next, we follow the mysterious case of a man who first | 0:16:46 | 0:16:50 | |
couldn't pay his rent, | 0:16:50 | 0:16:52 | |
then put in a bid to buy his property, gutted it | 0:16:52 | 0:16:55 | |
and then finally seemed to disappear altogether. | 0:16:55 | 0:16:59 | |
Although this man didn't commit tenancy fraud, | 0:17:00 | 0:17:02 | |
he flouted all the basic rules of his tenancy agreement. | 0:17:02 | 0:17:07 | |
In 2007, he moved into a very nice flat | 0:17:07 | 0:17:10 | |
in a lovely part of Clapham, South London. | 0:17:10 | 0:17:14 | |
Seven years later, | 0:17:14 | 0:17:15 | |
he applied to buy his flat under the council's Right to Buy scheme. | 0:17:15 | 0:17:19 | |
The Right to Buy scheme can allow tenants | 0:17:19 | 0:17:22 | |
up to approximately £100,000 discount on the price | 0:17:22 | 0:17:25 | |
of their social housing property. | 0:17:25 | 0:17:27 | |
Because of the huge amounts involved, | 0:17:27 | 0:17:29 | |
councils keep a close eye on these transactions. | 0:17:29 | 0:17:33 | |
The local council in this case, Lambeth, | 0:17:33 | 0:17:36 | |
routinely investigates every Right to Buy application | 0:17:36 | 0:17:40 | |
as part of its crackdown on fraud, | 0:17:40 | 0:17:42 | |
so investigator Pamela Esiso | 0:17:42 | 0:17:44 | |
was given this man's application to look into. | 0:17:44 | 0:17:47 | |
She immediately noticed that the tenant had financial problems. | 0:17:47 | 0:17:51 | |
When I started looking at the property, | 0:17:51 | 0:17:54 | |
I noted that the tenant had come to the area housing office | 0:17:54 | 0:17:57 | |
stating that he couldn't afford the rent | 0:17:57 | 0:18:00 | |
and he wanted to give up the property. | 0:18:00 | 0:18:01 | |
The area office said to him to think about it and come back, | 0:18:01 | 0:18:05 | |
but he needed to give four weeks' notice. | 0:18:05 | 0:18:07 | |
So, he went away and didn't come back after that. | 0:18:07 | 0:18:11 | |
A few months later, he puts in a Right to Buy. | 0:18:11 | 0:18:14 | |
Financial problems can happen to anyone, | 0:18:14 | 0:18:17 | |
but Pam was concerned | 0:18:17 | 0:18:18 | |
that if her tenant had difficulty paying his rent | 0:18:18 | 0:18:20 | |
he would also have difficulty paying a mortgage, | 0:18:20 | 0:18:23 | |
which would be considerably more expensive. | 0:18:23 | 0:18:26 | |
I carried out background checks on the tenant, | 0:18:26 | 0:18:29 | |
found that he was in financial difficulties. | 0:18:29 | 0:18:33 | |
He could barely afford his rent. | 0:18:33 | 0:18:35 | |
You know, from what I saw in the bank statements, | 0:18:35 | 0:18:37 | |
I didn't think he would afford a property of 400,000. | 0:18:37 | 0:18:41 | |
So, Pam started to dig deeper, | 0:18:41 | 0:18:43 | |
including looking at the tenant's online presence. | 0:18:43 | 0:18:47 | |
She discovered that he described himself as psychic | 0:18:47 | 0:18:50 | |
and also that he was looking into property investment. | 0:18:50 | 0:18:55 | |
He was also by this time in considerable rent arrears, | 0:18:55 | 0:18:59 | |
so Pam decided to pay her tenant an unannounced visit, | 0:18:59 | 0:19:02 | |
but he wasn't at home. | 0:19:02 | 0:19:04 | |
I went to the property, | 0:19:04 | 0:19:06 | |
I knocked on the door and a chap who didn't fit the profile | 0:19:06 | 0:19:10 | |
of the tenant opened the door. | 0:19:10 | 0:19:13 | |
I knew the tenant was French. We had a copy of his passport. | 0:19:13 | 0:19:17 | |
When I got there, I saw a different person. I saw a black male. | 0:19:17 | 0:19:19 | |
I asked when the tenant would be back. | 0:19:19 | 0:19:22 | |
He said, "Oh, probably the weekend." | 0:19:22 | 0:19:24 | |
And you know, just following on from that visit, | 0:19:24 | 0:19:27 | |
the suspicions had been raised yet again. | 0:19:27 | 0:19:31 | |
Pam spoke to a neighbour who told her | 0:19:32 | 0:19:33 | |
the tenant was no longer living there. | 0:19:33 | 0:19:36 | |
If you have a council tenancy, | 0:19:36 | 0:19:38 | |
part of the agreement is it has to be your primary home. | 0:19:38 | 0:19:42 | |
So, Pam called round a second time, | 0:19:42 | 0:19:44 | |
and this time she was amazed to be confronted | 0:19:44 | 0:19:48 | |
by a demolition site. | 0:19:48 | 0:19:50 | |
When we got there, the door was open and we walked in. | 0:19:50 | 0:19:53 | |
So, we didn't have to knock. | 0:19:53 | 0:19:55 | |
And we got in there, the total shock to me | 0:19:55 | 0:19:58 | |
of a big difference from when I saw it the last time. | 0:19:58 | 0:20:01 | |
I took photographs of what was going on. | 0:20:01 | 0:20:04 | |
The property was being refurbished. Completely gutted out. | 0:20:04 | 0:20:08 | |
There were lots of workmen. Everything was taken down. | 0:20:08 | 0:20:11 | |
The plumbing was being redone, the radiators. | 0:20:11 | 0:20:15 | |
The whole property was being refurbished. | 0:20:15 | 0:20:18 | |
At this point, | 0:20:18 | 0:20:19 | |
his Right to Buy application was still being assessed. | 0:20:19 | 0:20:22 | |
As he was still a council tenant, | 0:20:22 | 0:20:24 | |
any substantial work on a council property | 0:20:24 | 0:20:27 | |
has to be authorised upfront. | 0:20:27 | 0:20:29 | |
For council tenants, | 0:20:29 | 0:20:31 | |
you have to ask for permission when you carry out improvements. | 0:20:31 | 0:20:34 | |
It's part of your tenancy condition. And I had looked on the file. | 0:20:34 | 0:20:37 | |
There was nothing relating to refurbishments | 0:20:37 | 0:20:41 | |
or the request for authorisation. | 0:20:41 | 0:20:44 | |
Pam made further visits but never found the tenant in. | 0:20:44 | 0:20:48 | |
By now, Pam had amassed enough evidence | 0:20:48 | 0:20:50 | |
to evict the tenant for breaching his tenancy agreement | 0:20:50 | 0:20:53 | |
and serve a notice to quit. | 0:20:53 | 0:20:56 | |
Based on the evidence I had, I called up the area office | 0:20:56 | 0:21:01 | |
and requested they serve a notice immediately. | 0:21:01 | 0:21:06 | |
The notice to quit is the first step | 0:21:06 | 0:21:08 | |
in the process to get a property back. | 0:21:08 | 0:21:10 | |
In addition, Pam put an urgent stop on the Right to Buy application. | 0:21:10 | 0:21:16 | |
So, this morning, Luke is joining Pam's colleague, | 0:21:16 | 0:21:19 | |
tenancy enforcement officer Earl Lee. | 0:21:19 | 0:21:22 | |
Earl is about to serve the notice to quit | 0:21:23 | 0:21:25 | |
-at the council flat. -Are you OK? | 0:21:25 | 0:21:28 | |
We're here today to serve notice on a tenant | 0:21:28 | 0:21:30 | |
who lives around the corner. | 0:21:30 | 0:21:32 | |
This is not the first time I've done this. We do this quite often. | 0:21:32 | 0:21:35 | |
But it's always nerve-racking, as I'm sure you'll appreciate. | 0:21:35 | 0:21:37 | |
We never know what's going to happen. | 0:21:37 | 0:21:39 | |
Serving eviction notices can be a tricky business. | 0:21:39 | 0:21:42 | |
I've had situations where I've been threatened, water thrown at me. | 0:21:42 | 0:21:45 | |
Could, of course, be a situation that no-one's there. | 0:21:45 | 0:21:47 | |
If that's the case, then I just serve the notice on the property. | 0:21:47 | 0:21:51 | |
But there's nothing to indicate there'll be a problem today. | 0:21:51 | 0:21:53 | |
-Hello. Mr -BLEEP, -I am from the council. | 0:22:25 | 0:22:29 | |
The door is opened by a man who does not fit the tenant's description, | 0:22:29 | 0:22:32 | |
and says he's a workman. | 0:22:32 | 0:22:34 | |
OK. Who's the occupier? | 0:22:34 | 0:22:38 | |
He tells the investigator that the tenant is not there, | 0:22:38 | 0:22:41 | |
that he doesn't know who the tenant is | 0:22:41 | 0:22:43 | |
and that, in fact, nobody is in occupation. | 0:22:43 | 0:22:46 | |
OK. | 0:22:46 | 0:22:47 | |
I just need to leave those for the person who should be living here. | 0:22:47 | 0:22:50 | |
He does however accept the paperwork. | 0:22:50 | 0:22:53 | |
-I'll just leave those for Mr -BLEEP. | 0:22:53 | 0:22:55 | |
Thank you. Bye. | 0:22:55 | 0:22:57 | |
This gentleman is not known to us, but he does fit the description | 0:23:00 | 0:23:03 | |
of someone who has been seen at the property | 0:23:03 | 0:23:05 | |
by one of my colleagues before. | 0:23:05 | 0:23:06 | |
But he's certainly not the official tenant. | 0:23:06 | 0:23:09 | |
Now the tenant has 28 days to respond to the notice to quit. | 0:23:09 | 0:23:15 | |
He can do one of two things. | 0:23:15 | 0:23:16 | |
He can either give up possession of the property | 0:23:16 | 0:23:19 | |
or he can seek legal advice. | 0:23:19 | 0:23:20 | |
We will take that time to prepare a case, | 0:23:20 | 0:23:23 | |
which will then be preceded through courts. | 0:23:23 | 0:23:25 | |
So, you're going to take this one all the way to the end, as it were? | 0:23:25 | 0:23:28 | |
-Absolutely. It's our intention to do so. -OK. | 0:23:28 | 0:23:30 | |
Two months later, the tenant was evicted | 0:23:32 | 0:23:34 | |
and the council are pursuing the rent arrears. | 0:23:34 | 0:23:37 | |
As a result of this investigation, | 0:23:39 | 0:23:41 | |
Lambeth have got one more council flat back | 0:23:41 | 0:23:43 | |
and have allocated it to someone on their waiting list. | 0:23:43 | 0:23:48 | |
As for the tenant, well, | 0:23:48 | 0:23:49 | |
I don't think he saw that one coming. | 0:23:49 | 0:23:52 | |
I think social housing is a really good thing. | 0:23:55 | 0:23:57 | |
It's important for the country and it's certainly important | 0:23:57 | 0:24:00 | |
for the people that definitely need this. | 0:24:00 | 0:24:02 | |
It's something that I think especially families need, | 0:24:02 | 0:24:05 | |
certainly across the capital and across the country. | 0:24:05 | 0:24:07 | |
Well, I think it's essential, | 0:24:07 | 0:24:08 | |
especially in a city like London where, you know, | 0:24:08 | 0:24:11 | |
housing is such a problem. | 0:24:11 | 0:24:12 | |
And I think it's really important it goes to the right people. | 0:24:12 | 0:24:15 | |
I think social housing is good, | 0:24:15 | 0:24:17 | |
because when people don't have a lot of money, | 0:24:17 | 0:24:19 | |
it helps them out and it gives them a bit of confidence. | 0:24:19 | 0:24:22 | |
Yeah. And if it wasn't there, | 0:24:22 | 0:24:24 | |
then we'd have a lot bigger problem than we have now with housing. | 0:24:24 | 0:24:27 | |
There are several different types of fraud tenancy cheats can employ. | 0:24:31 | 0:24:35 | |
One is succession fraud. | 0:24:35 | 0:24:38 | |
Succession is the legal term used for when a person inherits a tenancy | 0:24:38 | 0:24:42 | |
from a close relative, usually a parent, who has died. | 0:24:42 | 0:24:46 | |
To make a succession claim, a person must be eligible, | 0:24:46 | 0:24:49 | |
and that means they must have been living with a tenant | 0:24:49 | 0:24:52 | |
at the time of their death, | 0:24:52 | 0:24:54 | |
or if the tenancy started | 0:24:54 | 0:24:55 | |
before April 2012, | 0:24:55 | 0:24:56 | |
for at least 12 months previously. | 0:24:56 | 0:24:59 | |
In Hammersmith, West London, | 0:24:59 | 0:25:01 | |
a man applied for succession rights to inherit his father's flat, | 0:25:01 | 0:25:04 | |
claiming that he was living with his father at the time of his death. | 0:25:04 | 0:25:08 | |
The case was passed on to the council's antifraud service | 0:25:08 | 0:25:11 | |
and extensive checks revealed the man was actually living | 0:25:11 | 0:25:14 | |
in one of his mother's properties at the time. | 0:25:14 | 0:25:18 | |
The flat was returned | 0:25:18 | 0:25:19 | |
to the council. | 0:25:19 | 0:25:20 | |
Next, the case of a man who falsely claimed | 0:25:22 | 0:25:25 | |
he was entitled to inherit his late mother's flat, | 0:25:25 | 0:25:28 | |
and then when the claim was rejected, | 0:25:28 | 0:25:31 | |
he took the case to court. | 0:25:31 | 0:25:32 | |
Following the death of the elderly tenant of a flat in Balham, | 0:25:33 | 0:25:36 | |
South London, the tenant's son came forward | 0:25:36 | 0:25:39 | |
to make a succession claim on the property. | 0:25:39 | 0:25:42 | |
He told investigators he'd been living in this ground-floor flat | 0:25:42 | 0:25:46 | |
with his mother for over a year, | 0:25:46 | 0:25:48 | |
even though the flat only had one bedroom. | 0:25:48 | 0:25:52 | |
Luke joins Viridian Housing Association investigator Gemma | 0:25:52 | 0:25:55 | |
who's been looking into the case. | 0:25:55 | 0:25:57 | |
She doesn't wish to be identified. | 0:25:57 | 0:25:59 | |
We ask every claim that comes in for succession | 0:26:00 | 0:26:03 | |
to be referred over to us, so we can look at | 0:26:03 | 0:26:05 | |
whether it's a legitimate claim. | 0:26:05 | 0:26:07 | |
What we do is check whether someone has been residing | 0:26:07 | 0:26:10 | |
at the property for the last 12 months. | 0:26:10 | 0:26:13 | |
There's a big demand for one-bedroom ground-floor flats, | 0:26:14 | 0:26:17 | |
like the one the tenant's son wanted to inherit in Balham. | 0:26:17 | 0:26:21 | |
It's worth around £400,000 on the open market. | 0:26:21 | 0:26:25 | |
This is a really nice road, isn't it? | 0:26:25 | 0:26:28 | |
-It is. -It's really lovely. | 0:26:28 | 0:26:29 | |
So, this is it. | 0:26:32 | 0:26:33 | |
I've seen a lot of social housing properties over the years, loads. | 0:26:33 | 0:26:37 | |
This is absolutely stunning. | 0:26:37 | 0:26:40 | |
When the elderly woman who lived here died in 2014, | 0:26:40 | 0:26:44 | |
her son contacted the housing association. | 0:26:44 | 0:26:47 | |
He came to you and asked if he could take over the tenancy? | 0:26:47 | 0:26:51 | |
He came to us and said that, "I would like to succeed the tenancy | 0:26:51 | 0:26:54 | |
"because I was living here and had been a resident with my mother." | 0:26:54 | 0:26:58 | |
Gemma was immediately suspicious, | 0:26:58 | 0:27:01 | |
because this was a one-bedroom property. | 0:27:01 | 0:27:04 | |
The son claimed he'd been sleeping on a sofa bed in the living room, | 0:27:04 | 0:27:08 | |
but Gemma decided to make some more inquiries. | 0:27:08 | 0:27:12 | |
First, she asked him for proof | 0:27:12 | 0:27:14 | |
that he'd been living at his mother's address. | 0:27:14 | 0:27:16 | |
He did supply some evidence, | 0:27:16 | 0:27:18 | |
but when we looked at it in more detail | 0:27:18 | 0:27:20 | |
we realised that he was providing letters | 0:27:20 | 0:27:23 | |
-that didn't even relate to him. -Right. | 0:27:23 | 0:27:25 | |
-Strange. -They were out... -Very strange. | 0:27:25 | 0:27:27 | |
I mean, it was so obvious. | 0:27:27 | 0:27:28 | |
And also letters that weren't for the time that we'd requested either. | 0:27:28 | 0:27:32 | |
-OK. -So, although he supplied lots of information, | 0:27:32 | 0:27:34 | |
it wasn't actual evidence that proved that he was resident | 0:27:34 | 0:27:38 | |
for the last 12 months there. | 0:27:38 | 0:27:40 | |
Unsatisfied with his response, | 0:27:40 | 0:27:42 | |
Gemma started researching the succession claimant. | 0:27:42 | 0:27:45 | |
Although he had recently changed | 0:27:45 | 0:27:46 | |
some of his bills over to his mother's address, | 0:27:46 | 0:27:49 | |
Gemma discovered the bulk of his correspondence | 0:27:49 | 0:27:51 | |
was associated with two other addresses in North London. | 0:27:51 | 0:27:55 | |
We found lots of evidence pointing him | 0:27:55 | 0:27:58 | |
to a different address completely, or two different addresses. | 0:27:58 | 0:28:01 | |
-Not even in our area. It was in North London. -OK. | 0:28:01 | 0:28:04 | |
And one of those addresses was of particular interest. | 0:28:04 | 0:28:08 | |
We did searches and found that he was linked to this other address | 0:28:08 | 0:28:12 | |
more than he was linked to our tenant's property. | 0:28:12 | 0:28:14 | |
-OK. -He was on the council tax register. | 0:28:14 | 0:28:17 | |
He was also on the electoral registries. | 0:28:17 | 0:28:21 | |
In fact, the electoral register showed the succession claimant | 0:28:21 | 0:28:25 | |
had been living with a woman thought to be his partner in North London | 0:28:25 | 0:28:28 | |
and not his mother in South London for the last three years. | 0:28:28 | 0:28:33 | |
So, it's kind of really linking him to his partner's property | 0:28:33 | 0:28:36 | |
-and not here. -Absolutely. | 0:28:36 | 0:28:38 | |
All this information was adding up to a good case | 0:28:38 | 0:28:41 | |
that he was not entitled to succeed the tenancy. | 0:28:41 | 0:28:44 | |
You go into a massive amount of detail on these, don't you...?Yeah. | 0:28:44 | 0:28:47 | |
..looking at people's backgrounds? | 0:28:47 | 0:28:49 | |
Of course. We need to prove that he wasn't living at our property. | 0:28:49 | 0:28:52 | |
And it wasn't just the succession claimant's details | 0:28:52 | 0:28:55 | |
that were examined. | 0:28:55 | 0:28:56 | |
Gemma also looked into his mother's files | 0:28:56 | 0:28:59 | |
and found that she claimed the single person's discount | 0:28:59 | 0:29:01 | |
on a council tax and she didn't mention her son | 0:29:01 | 0:29:04 | |
on her benefits claim. | 0:29:04 | 0:29:05 | |
We confirmed that the mother | 0:29:07 | 0:29:08 | |
was claiming a single person's discount. | 0:29:08 | 0:29:10 | |
-Ah. -Hadn't declared him on the benefit claim that she was on. -OK. | 0:29:10 | 0:29:15 | |
The housing association rejected the son's succession claim, | 0:29:16 | 0:29:20 | |
but instead of giving up, he lodged an appeal. | 0:29:20 | 0:29:23 | |
I'm quite shocked by this because he knows | 0:29:25 | 0:29:27 | |
you have all this evidence against him | 0:29:27 | 0:29:30 | |
and he still goes to court to try to fight this. | 0:29:30 | 0:29:33 | |
-Did he come to court? -Yes, he did. -OK. | 0:29:33 | 0:29:35 | |
He attended every single hearing. | 0:29:35 | 0:29:37 | |
The final damning piece of evidence | 0:29:37 | 0:29:39 | |
was that eight months after his mother's death | 0:29:39 | 0:29:42 | |
and a week before court proceedings were due to start, | 0:29:42 | 0:29:45 | |
the tenant's son informed his place of work | 0:29:45 | 0:29:47 | |
that he was changing his address from North London | 0:29:47 | 0:29:50 | |
to his mother's address in South London. | 0:29:50 | 0:29:53 | |
Sure enough, the appeal was rejected. | 0:29:54 | 0:29:57 | |
Viridian Housing were given outright possession of the flat | 0:29:57 | 0:30:00 | |
and the failed succession claimant was ordered to pay costs | 0:30:00 | 0:30:03 | |
of more than £7,000. | 0:30:03 | 0:30:05 | |
How did it make you feel | 0:30:06 | 0:30:08 | |
to get this flat back into the public circle, if you like? | 0:30:08 | 0:30:11 | |
It was such a relief. | 0:30:11 | 0:30:12 | |
We're going to get a nice ground-floor property back. | 0:30:12 | 0:30:15 | |
There's someone that desperately needs this. | 0:30:15 | 0:30:17 | |
They've been waiting in the queue for years and years, | 0:30:17 | 0:30:19 | |
and it was such a nice feeling. | 0:30:19 | 0:30:21 | |
I don't think, personally, that, you know, | 0:30:24 | 0:30:26 | |
a house should be able to be passed on as a council house. | 0:30:26 | 0:30:29 | |
The council always own the house, | 0:30:29 | 0:30:31 | |
so they should have the right to say | 0:30:31 | 0:30:33 | |
who lives there, whether it's...in the future. | 0:30:33 | 0:30:36 | |
It shouldn't be able to be passed on, I don't think. | 0:30:36 | 0:30:39 | |
If that person is deceased now, | 0:30:39 | 0:30:41 | |
the next person in line that's needed the flat | 0:30:41 | 0:30:44 | |
it should go to, in that area within that council. | 0:30:44 | 0:30:48 | |
And it's not who you know. It's really the next person in line. | 0:30:48 | 0:30:51 | |
That's the only fair solution. | 0:30:51 | 0:30:53 | |
We used to have a system in the old council places | 0:30:53 | 0:30:56 | |
where when Mum or Dad died the children would have their place, | 0:30:56 | 0:31:00 | |
but we don't have it any more, so if you're lucky enough to have | 0:31:00 | 0:31:04 | |
what I still call a council place, which is social housing, | 0:31:04 | 0:31:08 | |
then keep it and when you die, someone else can have it. | 0:31:08 | 0:31:11 | |
I think the concept of, you know, cheating the system | 0:31:11 | 0:31:15 | |
for getting succession of the flat needs to be investigated. | 0:31:15 | 0:31:22 | |
I think a lot of resources are probably needed to look at that. | 0:31:22 | 0:31:26 | |
You know, what is the extent of that problem? | 0:31:26 | 0:31:28 | |
You know, to be honest, do we even know? | 0:31:28 | 0:31:30 | |
Social housing tenants who unlawfully sublet their property | 0:31:33 | 0:31:37 | |
sometimes advertise for subtenants. | 0:31:37 | 0:31:39 | |
Sometimes, as we've seen, they do that through online sites. | 0:31:39 | 0:31:44 | |
But one of the most brazen is to go through a high street estate agent. | 0:31:44 | 0:31:49 | |
Estate agents who help council tenants sublet their properties | 0:31:49 | 0:31:53 | |
may be breaking the law. | 0:31:53 | 0:31:54 | |
If an agency is duped | 0:31:54 | 0:31:56 | |
into advertising a council property for rent, | 0:31:56 | 0:31:59 | |
they could be fined or even jailed for up to two years | 0:31:59 | 0:32:02 | |
under Consumer Protection From Unfair Trading legislation. | 0:32:02 | 0:32:06 | |
New tenancy verification software | 0:32:07 | 0:32:09 | |
is now being developed to guard against this type of fraud. | 0:32:09 | 0:32:13 | |
We're back with Family Mosaic's investigators Carly and Dominic | 0:32:16 | 0:32:19 | |
on the trail of more unlawful subletters. | 0:32:19 | 0:32:22 | |
This isn't the first time housing investigators | 0:32:27 | 0:32:29 | |
have visited this particular two-bedroom flat | 0:32:29 | 0:32:32 | |
in Peckham, South London. | 0:32:32 | 0:32:34 | |
Last time, they found subletters here. | 0:32:34 | 0:32:37 | |
The property was tenanted by a couple | 0:32:37 | 0:32:40 | |
who spoke very little English. | 0:32:40 | 0:32:42 | |
My colleague did complete a visit here some time ago. | 0:32:42 | 0:32:45 | |
I do believe that the subtenants that we met with previously | 0:32:45 | 0:32:48 | |
have now left the address, | 0:32:48 | 0:32:50 | |
but I just want to see if our residents have actually returned | 0:32:50 | 0:32:53 | |
to the property or if it has again been sublet. | 0:32:53 | 0:32:58 | |
Checks revealed that the property had been let | 0:32:58 | 0:33:00 | |
through an estate agent. | 0:33:00 | 0:33:02 | |
This property was sublet through a managing agent. | 0:33:02 | 0:33:05 | |
The tenants have gone to a managing agent | 0:33:05 | 0:33:07 | |
and they obviously haven't carried out the checks required. | 0:33:07 | 0:33:10 | |
The tenants who should be living at this flat | 0:33:10 | 0:33:13 | |
were found to have links with other properties, | 0:33:13 | 0:33:16 | |
and investigators now want to establish once and for all | 0:33:16 | 0:33:19 | |
if they're living here or not. | 0:33:19 | 0:33:21 | |
We carried out checks on the tenants | 0:33:21 | 0:33:24 | |
that should be there | 0:33:24 | 0:33:25 | |
and we've linked them to two other properties. | 0:33:25 | 0:33:27 | |
They do have financial links, whether that be bank accounts, | 0:33:27 | 0:33:30 | |
credit cards or mobile phones to other addresses, | 0:33:30 | 0:33:32 | |
so we just need to double-check | 0:33:32 | 0:33:35 | |
and confirm exactly what property it is that they're residing at. | 0:33:35 | 0:33:38 | |
If there's no-one in today or if there are more subtenants | 0:33:39 | 0:33:42 | |
in the property, | 0:33:42 | 0:33:43 | |
then Carly and Dominic are going to serve a notice to quit. | 0:33:43 | 0:33:46 | |
Hello. This is Family Mosaic. | 0:33:53 | 0:33:55 | |
It seems there's no-one home, | 0:33:59 | 0:34:00 | |
so Carly and Dominic serve the notice to quit | 0:34:00 | 0:34:03 | |
and start the process to get the property back. | 0:34:03 | 0:34:05 | |
So, if you can... | 0:34:07 | 0:34:09 | |
I'll put it through the letterbox, | 0:34:09 | 0:34:10 | |
but I'll just take a picture of you actually putting it through. | 0:34:10 | 0:34:13 | |
-OK? -Yeah. | 0:34:17 | 0:34:19 | |
There we go. | 0:34:27 | 0:34:28 | |
The tenants now have 28 days to give up the property | 0:34:29 | 0:34:33 | |
or provide an explanation. | 0:34:33 | 0:34:36 | |
It went OK. Ideally, I would've liked to have met with a resident | 0:34:36 | 0:34:39 | |
or at least a subtenant to get some more information, | 0:34:39 | 0:34:42 | |
but hopefully that will prompt the proper tenant | 0:34:42 | 0:34:45 | |
to get in contact to actually say, "Well, I've been caught. | 0:34:45 | 0:34:48 | |
"I hold my hands up. I'll relinquish my tenancy." | 0:34:48 | 0:34:51 | |
Or the other option is that they will be taken to court | 0:34:51 | 0:34:54 | |
and the judge can award us any monies that our tenants have gained | 0:34:54 | 0:34:59 | |
through illegally subletting their property. | 0:34:59 | 0:35:02 | |
The investigation is still ongoing, but with any luck, | 0:35:02 | 0:35:07 | |
the property will soon be reclaimed | 0:35:07 | 0:35:09 | |
and will provide a home for a more deserving family. | 0:35:09 | 0:35:12 | |
Agencies, particularly, should be penalised very heavily | 0:35:16 | 0:35:20 | |
if they are not assuring that these are proper tenancies. | 0:35:20 | 0:35:24 | |
Well, I guess for the people who are doing the subletting | 0:35:24 | 0:35:27 | |
it's cos you can make an awful lot of money, | 0:35:27 | 0:35:29 | |
because there's just a massive lack of housing available | 0:35:29 | 0:35:32 | |
to people who are desperate to be housed. | 0:35:32 | 0:35:34 | |
A lot of people abuse the system | 0:35:34 | 0:35:36 | |
and they take what they can get rather than taking what they need. | 0:35:36 | 0:35:41 | |
Councils and housing associations | 0:35:44 | 0:35:46 | |
take the idea of social housing fraud very seriously. | 0:35:46 | 0:35:50 | |
Good morning, everybody. | 0:35:50 | 0:35:51 | |
In 2012, they set up the Tenancy Fraud Forum, | 0:35:51 | 0:35:55 | |
which is sort of a supergroup of social landlords in the UK. | 0:35:55 | 0:35:58 | |
-Has everyone got an agenda? -Yep. -Yes. | 0:35:58 | 0:36:00 | |
Their mission is to share information | 0:36:00 | 0:36:03 | |
and come up with new ways of combating fraud. | 0:36:03 | 0:36:05 | |
Thank you so much for coming this morning | 0:36:05 | 0:36:07 | |
to the meeting of the Tenancy Fraud Forum. | 0:36:07 | 0:36:09 | |
We've got a very full and very interesting agenda. | 0:36:09 | 0:36:12 | |
The Tenancy Fraud Forum was formed to ensure | 0:36:12 | 0:36:15 | |
that all social landlords could work together | 0:36:15 | 0:36:18 | |
in combating tenancy fraud. | 0:36:18 | 0:36:20 | |
The forum meets four times a year. | 0:36:20 | 0:36:22 | |
Katrina Robinson from Viridian Housing Association | 0:36:22 | 0:36:25 | |
is the group's chair. | 0:36:25 | 0:36:27 | |
If people are subletting, | 0:36:27 | 0:36:28 | |
they should realise that social landlords | 0:36:28 | 0:36:31 | |
share information and data with each other, | 0:36:31 | 0:36:33 | |
so if somebody is subletting in Liverpool | 0:36:33 | 0:36:37 | |
and they've moved to Northern Ireland, | 0:36:37 | 0:36:38 | |
we will find out about it. | 0:36:38 | 0:36:40 | |
Sharing news of successes is high on the agenda. | 0:36:40 | 0:36:43 | |
We've had two cases that have gone to court | 0:36:43 | 0:36:45 | |
and we've been successful in both those cases. | 0:36:45 | 0:36:48 | |
Councils and housing associations | 0:36:48 | 0:36:50 | |
have got new tools to help root out wrongdoers. | 0:36:50 | 0:36:53 | |
Garym Lambert is a council fraud manager | 0:36:53 | 0:36:55 | |
from South Northants Council. | 0:36:55 | 0:36:57 | |
Anybody who investigates tenancy fraud has got significant powers. | 0:36:57 | 0:37:02 | |
We can get your bank accounts. | 0:37:02 | 0:37:04 | |
Utilities, gas, electricity, water, TV license, any finance you have. | 0:37:04 | 0:37:11 | |
Vehicle details. Anything like that, we can get that. | 0:37:11 | 0:37:15 | |
And the penalties are serious. | 0:37:15 | 0:37:17 | |
We are seeing more and more cases being put into the courts. | 0:37:17 | 0:37:22 | |
Ultimately, in the worst cases, | 0:37:22 | 0:37:24 | |
it's two years imprisonment and/or £50,000 in fines. | 0:37:24 | 0:37:30 | |
Monday we got our first Right to Buy fraud. | 0:37:30 | 0:37:32 | |
She pleaded guilty and she's sentencing on Friday. | 0:37:32 | 0:37:36 | |
-Very good. So she'll be going to prison for it then. -Well, maybe. | 0:37:36 | 0:37:39 | |
Yes, let's hope so. | 0:37:39 | 0:37:40 | |
Since the Tenancy Fraud Forum has set up, | 0:37:40 | 0:37:42 | |
our members have really seen their success rates increase, | 0:37:42 | 0:37:46 | |
especially since we've had | 0:37:46 | 0:37:47 | |
the Prevention Of Social Housing Fraud Act, | 0:37:47 | 0:37:49 | |
which came into force in 2013. | 0:37:49 | 0:37:52 | |
Now somebody can go to prison for subletting | 0:37:52 | 0:37:54 | |
and we can also get back the profits that they've made. | 0:37:54 | 0:37:57 | |
And cooperation between housing associations | 0:37:57 | 0:38:00 | |
and local authorities is yielding results on the ground, | 0:38:00 | 0:38:03 | |
as our next case shows. | 0:38:03 | 0:38:05 | |
We're on the trail of a tenancy cheat | 0:38:05 | 0:38:07 | |
who's been subletting his Central London apartment | 0:38:07 | 0:38:11 | |
while for the last five years living and working in Las Vegas. | 0:38:11 | 0:38:16 | |
He should've been living in this very nice one-bedroom flat here | 0:38:16 | 0:38:20 | |
just around the corner from Euston Station, | 0:38:20 | 0:38:22 | |
but instead he was here in the gambling capital of the US. | 0:38:22 | 0:38:27 | |
-Hey, Sherene. -Oh, hi, Luke. -How are you? -I'm fine, thank you. -Good. | 0:38:27 | 0:38:31 | |
-Good to see you. -And you. -So, another case. -Yes. | 0:38:31 | 0:38:33 | |
Luke's with housing officer Sherene Horne, | 0:38:33 | 0:38:36 | |
who was put on the case thanks to a tip-off from a tenant. | 0:38:36 | 0:38:40 | |
One of the residents in that block informed me | 0:38:40 | 0:38:42 | |
that there's a possible sublet | 0:38:42 | 0:38:44 | |
as they haven't seen the original tenant for quite a long time. | 0:38:44 | 0:38:48 | |
And I have to say that we do rely on information from residents, | 0:38:48 | 0:38:52 | |
cos we're not on site all the time, we don't see the comings and goings. | 0:38:52 | 0:38:56 | |
And also I'm sure that they don't want to see | 0:38:56 | 0:38:58 | |
properties being fraudulently used. | 0:38:58 | 0:39:01 | |
You know, they're honest, law-abiding residents, | 0:39:01 | 0:39:04 | |
so they expect others to be the same. | 0:39:04 | 0:39:07 | |
In fact, around 50% of the cases Sherene investigates | 0:39:07 | 0:39:10 | |
are as the result of a tip-off. | 0:39:10 | 0:39:13 | |
So, basically I did some checks and I did an audit. | 0:39:13 | 0:39:17 | |
I found a young lady to be residing in the property. | 0:39:17 | 0:39:19 | |
She didn't give me much information. | 0:39:19 | 0:39:21 | |
She just let me know that the tenant wasn't there at the time. | 0:39:21 | 0:39:24 | |
It's a clear case of unlawful subletting. | 0:39:24 | 0:39:27 | |
It's in a wonderful location. We can go and have a look, if you'd like? | 0:39:27 | 0:39:30 | |
-I'd love to. That'd be great. -Yeah, let's do that. | 0:39:30 | 0:39:33 | |
-Thank you. -There you go. | 0:39:37 | 0:39:39 | |
-So, it's on the second floor. -Yes. | 0:39:39 | 0:39:41 | |
OK. OK. | 0:39:41 | 0:39:43 | |
So, it's a one-bedroom property. | 0:39:43 | 0:39:45 | |
-So, this would be the bedroom. -This is the bedroom area. -OK. | 0:39:47 | 0:39:50 | |
-I mean, for Central London, good size. -Yeah. | 0:39:50 | 0:39:52 | |
-Kind of a dressing area down there. -Storage down there. | 0:39:52 | 0:39:54 | |
-So, OK. That's in pretty good condition, isn't it? -Yeah. | 0:39:54 | 0:39:57 | |
This is a decent bathroom, | 0:39:57 | 0:39:58 | |
so we should be able to just clean that up. | 0:39:58 | 0:40:00 | |
So, if we come through here, | 0:40:00 | 0:40:02 | |
we've got the kitchen and the lounge. | 0:40:02 | 0:40:04 | |
-This is nice. -Yeah. -This is lovely. | 0:40:04 | 0:40:06 | |
It's nice, it's spacious. | 0:40:06 | 0:40:09 | |
Oh, you know, you've got cafes, bars. | 0:40:09 | 0:40:11 | |
-And Euston Station... -Yep. -..two minute walk? | 0:40:11 | 0:40:14 | |
-Exactly. -This is prime. -It is. It's a really nice location. | 0:40:14 | 0:40:18 | |
-The community in the block is a close-knit community. -Mm-hm. | 0:40:18 | 0:40:23 | |
That's how I came to find out that this property was being sublet. | 0:40:23 | 0:40:26 | |
Once she got a tip-off from a neighbour, | 0:40:26 | 0:40:28 | |
Sherene started looking into the tenant's background. | 0:40:28 | 0:40:32 | |
I carried out some checks with the National Fraud Agency. | 0:40:32 | 0:40:35 | |
That evidenced that the resident | 0:40:35 | 0:40:36 | |
didn't have any links to the address, none at all. | 0:40:36 | 0:40:39 | |
Looked at the electoral register to see if the resident was on there. | 0:40:39 | 0:40:42 | |
He wasn't, but several other people were. | 0:40:42 | 0:40:45 | |
It looked like he'd been subletting for some time. | 0:40:45 | 0:40:48 | |
Sherene passed her findings on to the local authority | 0:40:48 | 0:40:51 | |
for further checks. | 0:40:51 | 0:40:53 | |
So, I sent the details to Camden for further investigation | 0:40:53 | 0:40:57 | |
and Camden were able to locate the resident out of the country | 0:40:57 | 0:41:01 | |
and informed me that he hadn't been in the UK for over five years. | 0:41:01 | 0:41:04 | |
-Five years?! -Yes. A very long time. | 0:41:04 | 0:41:07 | |
In fact, he'd been here - Las Vegas, the gambling capital of America. | 0:41:07 | 0:41:13 | |
After five years of unlawful subletting, | 0:41:13 | 0:41:15 | |
this tenant had plenty of money | 0:41:15 | 0:41:17 | |
to fritter away on the slot machines, | 0:41:17 | 0:41:20 | |
but the game was about to be up. | 0:41:20 | 0:41:22 | |
So, once I received confirmation | 0:41:22 | 0:41:24 | |
that actually he wasn't living at the property, I served notices. | 0:41:24 | 0:41:28 | |
I served a notice to quit and a notice of seeking possession. | 0:41:28 | 0:41:31 | |
-Right. -That was sent to Las Vegas and hand-delivered to this property. | 0:41:31 | 0:41:35 | |
-Did he respond? -He didn't respond, | 0:41:35 | 0:41:38 | |
but what he did do was ensure that the keys were delivered | 0:41:38 | 0:41:42 | |
to our offices before the end of the notice period. | 0:41:42 | 0:41:45 | |
-Oh, really? -Yeah. | 0:41:45 | 0:41:47 | |
So, what that did was that meant that we could end the tenancy | 0:41:47 | 0:41:50 | |
without having to go to court. | 0:41:50 | 0:41:52 | |
So, that saved us some money on court costs. | 0:41:52 | 0:41:54 | |
I think he realised he was bang to rights, | 0:41:54 | 0:41:56 | |
especially as we had his address in Las Vegas. | 0:41:56 | 0:41:59 | |
I think he realised then that the best thing | 0:41:59 | 0:42:01 | |
is to just give back the tenancy. | 0:42:01 | 0:42:03 | |
So, thanks to the neighbour's tip-off and Sherene's tenacity, | 0:42:03 | 0:42:06 | |
this tenant had little choice but to cash in his chips. | 0:42:06 | 0:42:11 | |
And from the first point of your investigation | 0:42:11 | 0:42:14 | |
to getting the keys back, how long was that period? | 0:42:14 | 0:42:18 | |
All in all, it took just over four months | 0:42:18 | 0:42:20 | |
to regain possession of the property, | 0:42:20 | 0:42:22 | |
so really that's quite a speedy recovery, | 0:42:22 | 0:42:24 | |
because I have had cases that have dragged on for two years. | 0:42:24 | 0:42:27 | |
-Good work all around. Fantastic. -Yeah. Thank you. | 0:42:27 | 0:42:30 | |
Now this flat will be allocated to someone more deserving, | 0:42:30 | 0:42:34 | |
and all because what happened in Vegas didn't stay in Vegas. | 0:42:34 | 0:42:38 | |
As we've seen, the tide is starting to turn | 0:42:45 | 0:42:48 | |
as investigators use new powers | 0:42:48 | 0:42:50 | |
to track down tenancy cheats wherever they are, | 0:42:50 | 0:42:53 | |
reclaim their properties and give them back | 0:42:53 | 0:42:56 | |
to some of the 1.5 million families | 0:42:56 | 0:42:58 | |
on council waiting lists across the UK. | 0:42:58 | 0:43:01 |