Episode 7 Council House Crackdown


Episode 7

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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, and as a family,

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we understand the difference 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,

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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.

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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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Oh, 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 to track down

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every single tenant who's abusing the system.

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Today, a tenancy cheat with multiple properties,

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whose housing fraud landed her a £160,000 fine and a jail term.

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I don't think for a minute that when she came into the room

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that she ever suspected this was particularly serious.

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A fabulous flat in one of London's busiest tourist hotspots

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is ruined in a subletting scandal.

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-Oh, my God. Wow!

-Yeah.

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Tenant's taken it upon herself to knock out the wall

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-and install some saloon doors.

-What is that?

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And we'll see how those who abuse the system

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don't get away with it for long.

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When I showed the judge and the court all of this evidence,

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it was pretty overwhelming.

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With property at such a premium, more and more people

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are turning to social housing to put a roof above their heads.

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But despite such high demand,

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existing stock isn't always being used properly.

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Yet, thanks to new laws

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and the tireless work of council and housing association officers,

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the crackdown on housing fraud

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can now see tenancy cheats end up behind bars.

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Our first case came to light

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when neighbours complained of a fight in the street...

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This street. This is a story of a tenant who used an especially lovely

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flat in a tourist hotspot as a cash cow and then trashed the place.

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Camden in North London.

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With its famous market and lock, not to mention bars and cafes,

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it's one of the biggest tourist destinations in the capital.

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To have a housing association flat here

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is to have done very well in the lottery of housing.

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So, it's all the more surprising the tenant of this flat

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threw it away by misusing it.

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The official tenant had been living here for more than a decade

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when suspicions that she was unlawfully subletting

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first came to light in 2014, when two sub-tenants were seen

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fighting in the street over their deposit money.

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Shereen Horne is a housing officer at Circle Housing.

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She tells Luke how she was first alerted to the problem.

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I received a telephone call from one of the residents,

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who was quite concerned because there was a dispute outside the property.

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-Right.

-And when they went to find out what was going on,

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-what they had found is that the subtenants...

-Right.

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..were arguing amongst one another

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about the returns of deposit money that they had paid.

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Shereen was keen to know exactly who these subtenants were

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and who they were paying their money to,

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so she decided to pay them a visit,

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where she discovered her tenant had been quite the opportunist.

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They explained that basically they were a tenant at the property and

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they were trying to get back a £1,000 deposit that they had paid.

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-OK.

-They also explained that the landlord, who was our resident...

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-Yeah.

-..had informed them that in order to get back that deposit,

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they would need to find another resident to...

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rent that room to.

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So, the impetus is for the resident, if you - or the subtenant -

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if you want back your £1,000 deposit,

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you need to get another person into that room and you can get back...

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-get their deposit.

-Sure.

-So that would be your refund.

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-Shocking, shocking, shocking.

-Yeah.

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It seemed Shereen's tenant was not only unlawfully subletting her home,

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e-mails between her and the sub tenant suggested she was actually

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getting them to manage the property for her as well...

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The reason for that was that Shereen's official tenant...

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..was in Brazil.

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Actually, she had moved...

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Not moved to Brazil but she was spending a lot of time in Brazil,

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which was a breach of the terms and conditions of the tenancy.

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-Sure.

-She didn't inform us and she's not using the property

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as her main and principal home.

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Shereen could see her tenant was in South America

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by looking at her social media use.

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We had a look at social networks.

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She also had a picture of herself in Brazil on the MySpace ad and also

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we could see that monies that she was receiving

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from rents were actually being paid into an account in Brazil.

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She managed her social housing flat online from a holiday lets website,

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and she left nothing to chance.

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So, here we can see that she's got an advert here.

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-OK.

-Erm...

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So, this is an advert that she's placed

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-in the public domain...

-Mm-hmm.

-..to sublet the property.

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The whole of the property - she says there's a whole apartment to let.

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Wow.

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She's got prices for individual rooms, prices for cleaning,

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prices if you want a friend to stay over.

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-Really?

-Yeah. So, she was renting it almost as if it was a little B&B.

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She's even offering discounts...

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-Wow.

-..for staying more than six months.

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The price is £2,250 per month for the whole of the property.

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You can do a short stay where you can stay for a few days

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and I think that was £650.

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-Sounds like a hotel.

-Yeah. So, she had a good little scheme.

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So, the tenant was advertising the flat for £2,250 a month,

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but the actual rent was nowhere near that amount.

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The monthly rent to us was £635.

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Right, so she's making between about £1,500 and £1,800.

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-Yeah.

-And it was this ad that first attracted the two subtenants

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found fighting in the street.

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Shereen went to interview them and they both gave witness statements.

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They were renting the rooms unwittingly, thinking that our

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-tenant actually owned the property and everything was legitimate.

-OK.

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It wasn't until I contacted them that they realised what was going on.

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So Shereen brought in the local authority, Camden Council,

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who have greater resources, to help investigate the case.

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It was clear the tenant was receiving rent into a bank account

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in Brazil from the subtenants in her Camden flat.

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Shereen had enough evidence to act.

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We did decide to go for a criminal prosecution.

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-Right.

-Because we had so much evidence, so, yeah,

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we decided to go for a crim...

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Well, Camden decided to go for a criminal prosecution.

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We decided to go for the civil action, possession action...

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-Right.

-..based on probability.

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And what she did was she made an agreement with us,

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out of court, to return the property.

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But the tenant went back on her promise,

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and failed to return the keys.

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Shereen was forced to bring in the bailiffs, but she wasn't prepared

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for what they found when they first entered the flat.

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Well, Luke, this is the property.

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-OK.

-Three double bedrooms, and where we're standing

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is the fight that brought it to our attention in the first place.

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-Right.

-So, this is where the subtenants were actually arguing

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over the deposit and so on.

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Obviously, this is an amazing location. I'm desperate to get

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-inside to take a look. Shall we head in?

-Let's go and have a look.

-Cool.

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The flat had been totally trashed -

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Shereen took these photos of the scene.

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Bearing in mind, we have done a clearance.

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Yeah. So, we don't quite know...

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So, all the clutter that you saw in the pictures aren't...

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-Isn't there any more.

-OK.

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The mess might have been cleared,

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but that's only revealed more significant damage to the property.

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So, this is the kitchen area.

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-It's massive, isn't it? It's really big.

-It is, it's a large kitchen.

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The problem here is the residents installed their own kitchen units.

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-Yeah.

-So, we are going to have to rip all of this out

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-and install a new kitchen.

-Normally, tenants aren't allowed to just rip

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kitchens out and put their own thing in, are they?

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What they would have to do is put in a request...

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-Right.

-And send the insurance details of the works and...

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But, normally, we wouldn't allow a resident

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just to rip out a kitchen and put their own in.

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So, Luke, this is the bathroom.

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As you can see, the residents ripped out the bathroom installed

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by Circle 33 and have installed their own bathroom...

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-or shower facility.

-Of sorts.

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I'm not sure whether to laugh or cry in here.

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She's certainly got her own taste, hasn't she?

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Definitely. She just went ahead and ripped out all of the appliances

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that we had installed, and put in her own.

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As you can see, there's lots of graffiti on the walls.

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-That's pretty...pretty grim, isn't it?

-Yeah, it is.

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-Oh, my God. Wow.

-Yeah.

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Tenant's taken it upon herself to knock out the wall

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and install some saloon doors.

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-What is that?

-Yeah.

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So, she's kind of removed doors...

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-Yeah.

-Put on these...

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-..things.

-Yeah.

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She's treated it like it's actually her own flat, like she owns it.

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Like she owns it, yes, definitely, I would say so.

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Especially as she's been renting it out as well.

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A lot of people wouldn't think this was your average social housing.

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-And it's got a garden...

-Yeah.

-..in the middle of Camden Town.

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-Yes.

-So, prime, prime, prime property.

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Definitely. Well sought-after and three bedrooms, as well.

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Such large properties are highly sought-after for families,

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especially as this one has a garden.

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Shereen is eager to get it back, so she can reallocate it.

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I guess the next thing is that this will be refurbished.

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It's going to be refurbished -

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we'll have to fit a new kitchen, a new bathroom.

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Even putting to one side the unlawful subletting of this property,

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the changes that have been made are a breach of tenancy

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and will cost a substantial amount to put right.

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Our surveyor has estimated a £20,000 cost...

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-God.

-..to get this property back up to scratch.

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Three months on, and the tenant's whereabouts are unknown.

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But the council is pursuing criminal proceedings, and the flat

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is well on the way to becoming a place for someone to call home.

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Our contractors have done a great job in clearing the garden space

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and the property, so now we're just going to focus on getting

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the works done, changing the kitchens, changing the bathrooms

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and getting the property back into the state

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that it was when the tenant moved in.

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We haven't got a family allocated to the property yet

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because of the extensive works that have to be carried out.

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We're just going to crack on,

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get the work done and have a family in here.

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It's a beautiful property in a really nice location

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and in a good neighbourhood.

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The residents are really nice here,

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so somebody would really make use of this property.

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I think social housing is very, very important.

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If you look around here, you've got people living out on the street.

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Some of them do it by choice but some of them don't do it by choice.

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There's an amazing amount of money that people have to pay

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to live in private rented accommodation.

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So, yes, social housing is very, very important.

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We can't neglect people just because we've got money.

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There are people that need housing -

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some of them work, some of them don't work,

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but housing is a basic...

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Shelter is a basic human right.

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I think that they've sold off a huge amount of social housing and never

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replaced it, and there is absolutely nowhere for people to go any more.

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The population is increasing and the government are not...

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..acknowledging that. They're not building to replace what's gone

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already and they're certainly not increasing the stock.

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I think there's a strain on social housing -

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probably more in London because there's just too many people.

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I think that's just what it is, it's just too many people,

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we're on an island and there's just not enough houses and maybe some

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people are sitting in social houses that shouldn't really be there.

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In the battle against tenancy fraud,

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some councils and housing associations

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are taking a proactive approach.

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In December, Lewes in East Sussex

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launched a no-questions-asked key amnesty.

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Anyone who was misusing their property could hand in the keys

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without legal action being taken against them.

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With a shortage of housing stock,

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and over 1,700 people on their waiting list,

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any reclaimed properties will be quickly put to good use.

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And in Cornwall, another recent key amnesty

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led to the recovery of 16 properties

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ranging from one-bedroom flats

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to three-bedroom houses.

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The amount of unlawful profits some social housing tenants are making is shocking.

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In our next case,

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the tenant was renting out her council flat using a middleman,

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and charging the subtenant three times the amount

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she was paying in rent.

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This is Biani Gonzalez. She's at the heart of an £11,000

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unlawful subletting fraud in Clapham, South London.

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In 2002, she moved into this two-bedroom flat on the large

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Poynders Garden council estate with her two children.

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But in September 2013,

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a routine check showed something wasn't quite right.

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Ben Marshall from Lambeth Council investigated the case.

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A tenancy inspection by one of the council's housing officers

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found there were five adults living in the lounge and two bedrooms,

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and not one of them was the official tenant.

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According to council records,

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it should have been Biani Gonzalez and her two children in residence.

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Luke has been finding out more.

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-One of the housing officers went to this property...

-Mm-hmm.

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..and found some random people in it that weren't the tenant.

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There were two bedrooms. There were a couple in one bedroom

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and there was a man in another bedroom, but the living room

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was also being used as a bedroom and had a lock on it, and another couple

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were living in there. So, immediate alarm bells,

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-and immediately, it's obvious it's sublet.

-Sure.

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In this type of case,

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you could assume it would be the official tenant who was subletting.

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But one of the couples that were in the flat told investigators

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it wasn't Gonzalez they were paying their rent to,

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but a third party who was acting as an agent for her.

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It's a really interesting one this, because what really transpired

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is that the property was sublet through an...

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-effectively an agent.

-OK.

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Miss Gonzalez sublet the property for £1,200 a month.

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-OK.

-Her rent's about 420.

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But then he's gone on to sublet it further to individuals.

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So, subletting the rooms,

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the two bedrooms, and subletting the living room as well.

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-OK.

-For even more than £1,200.

-Right.

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It was evident that Gonzalez had some questions to answer,

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so the team brought her into the office

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for a formal interview under caution.

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Her first reaction in the interview was, "No, I'm not subletting it.

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"It's just a friend. He's abused my trust whilst I was on holiday

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"for a few weeks and I had no idea

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"that these strange people were in the property."

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But the agent told quite a different story.

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But then he's told us, "No, no, it's a business arrangement.

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"We met each other through mutual acquaintances

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"and it was very clearly a business arrangement."

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But Gonzalez immediately took steps to cover her tracks.

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And then what happened after the interview with her,

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she then came and moved back into the flat herself, back into

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one of the bedrooms herself - not with her children, just her -

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to be able to come back and say,

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"No, no, look, Council, Lambeth Council,

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"I do live here and it's all a...it's all a tragic mistake."

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The agent, meanwhile, was quite willing to tell the authorities

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exactly what Gonzalez had been up to.

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And he even provided the tenancy agreement

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and proof of his bank statements

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to show the money that he'd been paying her.

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These bank statements were just the start.

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Ben and his investigative team

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started to build a substantial file of evidence on the Gonzalez case.

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And the star exhibit was a little pink book

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provided by one of the subletting couples.

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I think one of the key things that we came across

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was when me met one of the couples in one of the bedrooms...

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were from New Zealand.

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The lady that was there provided us with her...

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her rent book, effectively.

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Oh, wow. This is a very old-fashioned way of...

0:17:540:17:56

-Absolutely.

-OK.

0:17:560:17:59

But it...it names her and it says how much they've paid

0:17:590:18:02

every two weeks, their deposit.

0:18:020:18:04

Wow. Minimum stay, three months.

0:18:040:18:06

Notice after three months, two weeks in advance, two weeks' deposit -

0:18:060:18:10

£270.

0:18:100:18:13

The official rent on this property was around £420 a month.

0:18:130:18:17

This couple alone were paying £540 a month,

0:18:170:18:21

and there were three other subtenants paying, too.

0:18:210:18:25

And all the dates - very, very clear there.

0:18:250:18:27

So, immediately, you can tell that this rent that this lady was paying

0:18:270:18:31

covers the council rent in its entirety - more than.

0:18:310:18:35

Yep. And that is just one room.

0:18:350:18:37

That's just one of the rooms.

0:18:370:18:39

This rent book and a flurry of texts from the occupants to the agent

0:18:390:18:43

showed considerable sums of money changing hands.

0:18:430:18:47

Ben's next move was to take a deeper look

0:18:470:18:49

into the finances of Biani Gonzalez.

0:18:490:18:51

I felt confident that we had all the evidence we needed for subletting,

0:18:530:18:56

but obviously, getting hold of the financial aspect

0:18:560:18:59

-is really important too.

-Yeah.

-And so, absolutely,

0:18:590:19:01

we went for bank statements,

0:19:010:19:03

and we got all her bank statements... Relevant...

0:19:030:19:05

So we have something here we can have a look at?

0:19:050:19:07

-And, if you see down there...

-Wow, that's detailed.

-..this side.

0:19:070:19:11

This is various cash going in,

0:19:110:19:14

money going in, and it clearly shows that she's receiving the money.

0:19:140:19:18

So, the evidence was looking damning for Gonzalez.

0:19:180:19:21

Ben also then looked into the agent, but in the end,

0:19:210:19:24

decided not to pursue him.

0:19:240:19:26

In the end, we decided in the public interest

0:19:270:19:29

that we didn't have sufficient evidence to go after him.

0:19:290:19:32

He'd been a relatively willing witness in that he'd given us his

0:19:320:19:35

bank statements and the tenancy agreement

0:19:350:19:37

-and bits and pieces like that.

-Right.

0:19:370:19:39

The council now had enough evidence to take Gonzalez to civil court.

0:19:390:19:44

We went to trial at the civil court and again, she defended herself

0:19:440:19:49

and said, "No, no, it's not a sublet, it's all a mistake."

0:19:490:19:53

But when I showed the judge and the court all of this evidence,

0:19:530:19:58

it was pretty overwhelming and actually, the morning of the trial,

0:19:580:20:03

she said, "Yeah, you're right, it's a terrible situation. I'm sorry."

0:20:030:20:08

So, she confessed. But once in court,

0:20:090:20:12

Gonzalez came up with an explanation of why she'd done it.

0:20:120:20:16

She explained to the judge in the civil hearing

0:20:160:20:19

that she'd had to go through this whole subletting it

0:20:190:20:23

to be able to afford the deposit for her Right to Buy mortgage.

0:20:230:20:27

She'd not told us anything about this beforehand,

0:20:270:20:30

not at the interview under caution,

0:20:300:20:32

not in any of the previous correspondence.

0:20:320:20:34

Just, on that day, she kind of saw this mounted against her

0:20:340:20:37

and I think just let it all out.

0:20:370:20:40

The judge was not impressed.

0:20:400:20:42

He awarded the Council immediate possession of the flat

0:20:420:20:45

and an Unlawful Profit Order of £11,500.

0:20:450:20:49

Not only that,

0:20:490:20:50

but Gonzalez was ordered to pay a further £12,000 costs.

0:20:500:20:54

The judge awarded us the property back immediately

0:20:550:20:57

and there is a new family in there now.

0:20:570:20:59

Once a property goes under the Right to Buy, it's gone forever.

0:20:590:21:02

So, amazing work for you guys to make sure that didn't happen

0:21:020:21:05

and, indeed, to get the property back.

0:21:050:21:07

But the judge in the civil court felt that the fraud was so serious,

0:21:090:21:13

there was also a criminal case to answer.

0:21:130:21:16

So he referred the case to the magistrates' court

0:21:160:21:18

for a further hearing.

0:21:180:21:20

As Biani Gonzalez goes to criminal court, we find out her fate later.

0:21:200:21:25

I would expect her to give an indication today

0:21:250:21:28

of whether she's going to plead guilty or not.

0:21:280:21:30

Subletting is something I am totally against.

0:21:340:21:36

If you've been given a chance in life,

0:21:360:21:38

it is unfair then to rent that room out to somebody else.

0:21:380:21:42

Just because we've got a shortage of housing,

0:21:420:21:44

it's a really lucrative business.

0:21:440:21:46

If you've got a spare room or if you can potentially get a property which

0:21:460:21:49

you can rent out, you can know that you can make a lot of money off it.

0:21:490:21:52

So... Money. Temptation for most things.

0:21:520:21:56

Let's be clear about this -

0:21:560:21:58

I don't think it's a class thing or a social thing.

0:21:580:22:00

I don't think that bankers came from deprived backgrounds -

0:22:000:22:03

they were quite happy to steal people's money.

0:22:030:22:07

Why would you expect that you won't get a proportion of people

0:22:070:22:10

from any social group who would be the same?

0:22:100:22:12

For me, people that illegally sublet their council accommodation,

0:22:120:22:16

in the first place do not need it.

0:22:160:22:19

They never needed it in the first place, so,

0:22:190:22:21

in my view, that is fraud

0:22:210:22:24

and it's morally wrong.

0:22:240:22:26

In Barnet, a 55-year-old singer and musician claimed

0:22:310:22:34

she was still living in her council home,

0:22:340:22:36

despite moving in to her husband's five-bedroomed house.

0:22:360:22:40

An unannounced visit to the property by investigators

0:22:410:22:45

found her son's girlfriend, who claimed she was staying there.

0:22:450:22:48

A further look around revealed two letters addressed to two other

0:22:480:22:52

people living at the flat, who weren't family members.

0:22:520:22:55

The tenant went to court and was found guilty of two counts of fraud

0:22:550:22:58

for illegally keeping hold of her council property.

0:22:580:23:01

Our next case is about a woman who applied for, and got,

0:23:050:23:09

not one but two council properties,

0:23:090:23:11

and she wasn't living in either of them.

0:23:110:23:14

This is Doris Lawson, a council tenant since 1994,

0:23:170:23:21

and a woman caught with one council property she fraudulently bought

0:23:210:23:25

at a knock-down price under the Right to Buy scheme,

0:23:250:23:29

and one she illegally sublet,

0:23:290:23:32

all the while living with her husband at a third address.

0:23:320:23:35

Nigel Brown is the anti-fraud manager

0:23:370:23:39

of the Royal Borough of Greenwich in South London

0:23:390:23:42

and the man responsible for investigating the case.

0:23:420:23:45

In December 1994, Doris Lawson claimed a one-bedroom flat

0:23:470:23:51

from the Royal Borough of Greenwich -

0:23:510:23:54

quite rightly, no problems with that whatsoever.

0:23:540:23:57

Here's her tenancy agreement here.

0:23:570:23:58

This property, in 2008, was due to be demolished,

0:23:580:24:02

so she was invited to be rehoused.

0:24:020:24:05

She took that opportunity and we gave her

0:24:050:24:07

a nice two-bedroom flat at Southend Close.

0:24:070:24:11

The tenancy agreement was dated on the 30th of March, 2009.

0:24:110:24:14

All seemed above board with Nigel's tenant, Miss Lawson,

0:24:150:24:18

but a national data-matching exercise by the government

0:24:180:24:21

set alarm bells ringing.

0:24:210:24:24

Basically, what that is, is central government collects data

0:24:240:24:27

from local authorities and then matches the output

0:24:270:24:30

and informs boroughs if there's a problem with matches.

0:24:300:24:33

The data-matching exercise basically alerted us to the fact that

0:24:330:24:36

Doris Lawson also had a link to an address in the Lewisham area.

0:24:360:24:40

Keen to know if Doris Lawson was linked to more than one home,

0:24:420:24:45

Nigel began running checks on her name

0:24:450:24:47

against her flat in Southend Close.

0:24:470:24:49

She got registered to vote from that address,

0:24:500:24:53

so she's now entitled to vote in any election that comes up,

0:24:530:24:56

and that was put in every year. Bank account's at the address,

0:24:560:24:59

and other usual things that people have,

0:24:590:25:01

so by all intents and purposes, one would think that

0:25:010:25:03

she's actually resident at Southend Close and nowhere else.

0:25:030:25:07

Next, Nigel ran the same checks against the flat flagged up

0:25:080:25:12

by the data match, in St John's Vale in Lewisham.

0:25:120:25:15

It looked as if somehow Doris was in two places at the same time.

0:25:150:25:19

Once again, her name comes up and you can see that she too has

0:25:210:25:25

bank accounts there and the usual credit that people have -

0:25:250:25:29

credit cards and insurances and what have you.

0:25:290:25:31

So, again, you would suspect that she is living at St John's Vale.

0:25:310:25:35

But what Nigel uncovered next would add even more weight to his case.

0:25:370:25:41

Miss Lawson didn't just have another property in Lewisham,

0:25:410:25:44

she was actually the outright owner.

0:25:440:25:47

We obtained a land registry,

0:25:480:25:51

which shows her to be the sole owner of this address

0:25:510:25:54

since the 10th of May, 2004.

0:25:540:25:56

Contact was made with the London Borough of Lewisham

0:25:570:26:00

and they confirmed to us that not only do they have a record that

0:26:000:26:04

Miss Lawson owns the property at St John's Vale,

0:26:040:26:07

but that she also purchased this property from them

0:26:070:26:10

under the Right to Buy in 2004.

0:26:100:26:12

And they provided us with a copy

0:26:120:26:14

of her Right to Buy application for this address.

0:26:140:26:16

Again, she states on this form that St John's Vale

0:26:190:26:22

is her only place of living,

0:26:220:26:23

her main and principal home, and that she has no other accommodation.

0:26:230:26:27

There's no mention on this form at all of her property

0:26:270:26:30

with the Royal Borough of Greenwich.

0:26:300:26:32

And to make matters worse,

0:26:320:26:34

Doris Lawson was saving a fortune in the process.

0:26:340:26:38

The London Borough of Lewisham then provided to us evidence

0:26:380:26:40

that Doris Lawson had purchased St John's Vale in 2004...

0:26:400:26:45

for £102,000.

0:26:450:26:47

The property was valued at 140,000, and under the Right to Buy scheme,

0:26:470:26:51

they gave her a discount of £38,000 off the cost price.

0:26:510:26:55

So, in effect, she bought that property,

0:26:550:26:57

a very nice two-bedroom flat in St John's Vale in Blackheath,

0:26:570:27:01

for £102,000.

0:27:010:27:04

But it didn't end there.

0:27:040:27:06

With Nigel on her case,

0:27:060:27:07

Doris Lawson's name cropped up at a third property.

0:27:070:27:11

Further enquiries into Doris Lawson found that she was

0:27:110:27:14

actually working as a contractor,

0:27:140:27:16

and they held her home address as an address in Belvedere.

0:27:160:27:19

Enquiries on this address in Belvedere identified

0:27:190:27:22

that it was owned by her husband - it was a lovely three-bedroom house

0:27:220:27:25

owned by her husband for many years. And evidence pointed that she would

0:27:250:27:29

have been living there herself for many years. So in effect, not even

0:27:290:27:33

living at the council tenancy in the Royal Borough of Greenwich,

0:27:330:27:36

nor at the address she owns in the London Borough of Lewisham.

0:27:360:27:39

But it turned out other people clearly were.

0:27:390:27:42

We visited both addresses, at Southend Close and St John's Vale.

0:27:420:27:46

At the Southend Close, we found that there was tenants there who paid

0:27:460:27:50

Doris Lawson a regular monthly rent. We also found there were tenants

0:27:500:27:54

living at the Lewisham address, which was fine,

0:27:540:27:57

because that property in Blackheath was hers, she'd bought it,

0:27:570:28:00

so she was fine to be a landlady.

0:28:000:28:02

She'd never, ever told us that she was in fact

0:28:020:28:04

the tenant at that property.

0:28:040:28:06

And had we known that in April 2009,

0:28:060:28:09

we would not have housed her at the Royal Borough of Greenwich -

0:28:090:28:11

she would have had to gone and live in the Lewisham property.

0:28:110:28:14

Doris Lawson had fraudulently obtained her tenancy in Greenwich

0:28:140:28:18

and her Right to Buy property in neighbouring Lewisham,

0:28:180:28:21

building herself a property portfolio

0:28:210:28:24

and subletting the properties out.

0:28:240:28:27

With this case looking rock-solid,

0:28:270:28:29

Nigel was ready to bring her in for formal questioning.

0:28:290:28:32

I don't think for a minute that when she came into the room

0:28:320:28:35

that she ever suspected this was particularly serious.

0:28:350:28:38

But she gave a "no comment" interview to the whole process,

0:28:380:28:42

the whole interview questions that were put to her.

0:28:420:28:44

So Nigel took matters to the next level.

0:28:440:28:46

Miss Lawson was summoned to the magistrates' court,

0:28:460:28:50

but the court deemed her case to be so serious,

0:28:500:28:53

they immediately escalated it up to Crown Court,

0:28:530:28:56

where Doris felt the full weight of the law.

0:28:560:28:59

She was sentenced to two years and four months in prison.

0:28:590:29:02

But, as Miss Lawson had defrauded the council out of so much money,

0:29:020:29:06

Nigel didn't want to leave it there.

0:29:060:29:08

He wanted to claw back for the public purse

0:29:080:29:11

the proceeds of her crimes, and his determination paid off in what was

0:29:110:29:15

one of the biggest settlements his borough has ever won.

0:29:150:29:19

It was totally clear that she had gained criminally

0:29:190:29:24

from her actions by getting the fraudulent Right to Buy.

0:29:240:29:27

Her property at St John's Vale was now worth considerably more.

0:29:270:29:31

In fact, she had equity of about £165,000 on that property now.

0:29:310:29:36

We then ran with a Proceeds Of Crime action against her and jointly

0:29:360:29:40

between the two boroughs, we got a judgment and a confiscation order -

0:29:400:29:44

albeit she's still in prison - for £163,000,

0:29:440:29:48

which has now been paid in full as she sold the property.

0:29:480:29:51

Miss Lawson didn't expect this would happen.

0:29:510:29:53

She's now in prison - she's serving two years and four months.

0:29:530:29:56

She's £163,000 down from her future nest egg,

0:29:560:30:01

and she's now got a criminal record.

0:30:010:30:03

I think if you're found to be sort of renting out a house that you're

0:30:060:30:10

renting for not very much for huge amounts, there should be...

0:30:100:30:14

There should be serious consequences for that because that's illegal and

0:30:140:30:19

also it's just quite abhorrent behaviour, like, you know,

0:30:190:30:21

you're making a huge profit off other people's desperation to live somewhere.

0:30:210:30:26

Well, it should be a heavy fine.

0:30:260:30:29

And if it's done regularly, probably a term of imprisonment.

0:30:290:30:34

Once someone is found out to be subletting, the tenant who is

0:30:340:30:39

going to suffer should be evicted straight away and the

0:30:390:30:43

person whose name is on the tenancy agreement should also be evicted

0:30:430:30:48

straight away and banned from getting other tenancy agreements

0:30:480:30:52

throughout the United Kingdom.

0:30:520:30:53

Earlier, Luke was finding out about the case of Biani Gonzalez who,

0:30:570:31:01

with the help of an agent, made thousands of pounds

0:31:010:31:04

subletting her two-bedroom flat in South London.

0:31:040:31:07

It was very clearly a business arrangement.

0:31:070:31:09

And he even provided the tenancy agreement and proof of his

0:31:090:31:12

bank statements to show the money that he'd been paying her.

0:31:120:31:16

Bank statements and a pink rent book owned by one of the unsuspecting

0:31:160:31:20

subtenants gave investigator Ben Marshall the crucial evidence

0:31:200:31:24

he needed to get his property back.

0:31:240:31:27

When I showed the judge and the court all of this evidence,

0:31:270:31:31

it was pretty overwhelming.

0:31:310:31:33

14 months later, the keys are back in the council's hands

0:31:340:31:37

and a new family has moved into the property.

0:31:370:31:40

Miss Gonzalez is back in court,

0:31:420:31:44

this time for a criminal hearing at Camberwell Green Magistrates'.

0:31:440:31:48

She's charged with illegal subletting and attempting to

0:31:490:31:53

fraudulently obtain a Right to Buy property and she could face jail.

0:31:530:31:57

Today, Luke joins investigator Ben Marshall to see what happens.

0:31:570:32:02

It's the magistrates' court so I would expect her to give an

0:32:020:32:05

indication today of whether she's going to plead guilty or not.

0:32:050:32:08

-OK.

-But really what this comes down to is whether the magistrates feel

0:32:080:32:13

that they've got sufficient powers to deal with the matter or whether

0:32:130:32:16

they think it's so serious that they need to send it to the Crown Court.

0:32:160:32:20

-OK, let's head in and see what happens.

-Yep.

0:32:200:32:22

Gonzalez pleaded guilty to illegally subletting her flat and attempting

0:32:240:32:28

to fraudulently obtain a Right to Buy property.

0:32:280:32:31

It didn't take long for the magistrates to come to a decision.

0:32:320:32:36

The case was referred up yet again, this time to Crown Court,

0:32:360:32:40

where a more serious punishment could be imposed.

0:32:400:32:43

I'm really pleased that it's in the court system now

0:32:430:32:46

and that's taken some months to get here.

0:32:460:32:48

So I'm pleased that we're in the court,

0:32:480:32:50

I'm pleased with the outcome, really.

0:32:500:32:52

-We're going to Crown Court...

-Mm-hmm.

-..so the judge has

0:32:520:32:55

looked at the matter, he's taken into consideration the possible loss

0:32:550:32:58

-of almost 100,000 in the Right to Buy...

-Yeah.

0:32:580:33:01

..the attempted fraud part of it

0:33:010:33:02

as well as the tenancy fraud subletting part of it.

0:33:020:33:04

The reason that the magistrates send it to Crown Court is that the

0:33:040:33:07

Crown Court can impose those harsher sentences.

0:33:070:33:10

For all your work, your case files, your investigations,

0:33:100:33:12

you must be really happy that it's...that it's gone this far.

0:33:120:33:15

Yeah, I am, I'm pleased. We've got the property back,

0:33:150:33:17

another family's in the property, that's great,

0:33:170:33:20

that's water under the bridge so to speak.

0:33:200:33:22

And now we can concentrate on the criminal prosecution

0:33:220:33:25

and really finalise this case, hopefully soon.

0:33:250:33:27

Four weeks later, after a year and a half's investigation,

0:33:270:33:31

Biani Gonzalez was sentenced to a six-month prison sentence,

0:33:310:33:35

suspended for 12 months at the Inner London Crown Court.

0:33:350:33:38

Personally, I live in a social housing at the moment.

0:33:430:33:47

And a few people around I know live in social housing.

0:33:470:33:51

I think it's an absolutely wonderful system.

0:33:510:33:54

It sort of meets the gap from people that aren't able at this present

0:33:540:33:59

moment for whatever reason that cannot buy their own home, you know.

0:33:590:34:03

I think it's a wonderful, wonderful system.

0:34:030:34:06

It's been five years of trying to find somewhere to live that I can

0:34:060:34:09

actually afford. I've lived in private rented places that finish

0:34:090:34:13

and without social housing I'd be... I'm going to spend the

0:34:130:34:16

rest of my life moving every six months. It's a nightmare.

0:34:160:34:20

For me to be able to be in social housing is...

0:34:200:34:23

I feel very grateful for it.

0:34:230:34:25

Cos I wouldn't be able to work in London and...and live the life I'm

0:34:250:34:28

living near my family, so I'm very grateful for it.

0:34:280:34:30

The UK is in the grip of a housing shortage.

0:34:340:34:38

By 2008,

0:34:380:34:39

the number of new homes being built had fallen to its lowest level

0:34:390:34:43

since 1924 and it's failed to recover since.

0:34:430:34:47

To help alleviate the shortage,

0:34:480:34:50

local councils are cracking down hard on tenancy fraud.

0:34:500:34:54

In London, the Borough of Camden undertook a tenancy audit

0:34:540:34:58

of their entire housing stock to try and weed out

0:34:580:35:00

anyone misusing their properties.

0:35:000:35:02

And in Kent, authorities used a £480,000 government grant

0:35:040:35:08

to help get back their exploited properties.

0:35:080:35:11

The funds helped to set up a new data-sharing partnership across

0:35:130:35:16

all of the county's local authorities and the police,

0:35:160:35:20

with forecast savings of £4 million of taxpayers' money.

0:35:200:35:24

In Oxford, a team of housing officers is responsible

0:35:270:35:31

for monitoring the city's 7,500 council properties,

0:35:310:35:34

right down to how often the tenants use their key fobs.

0:35:340:35:37

With so many properties on their books

0:35:400:35:42

and over 3,000 households on their waiting list,

0:35:420:35:45

it's vital Oxford City Council make sure

0:35:450:35:48

their housing stock is being used by the people who need it most.

0:35:480:35:51

The tenancy fraud team here

0:35:530:35:54

has dedicated intelligence-gathering officers,

0:35:540:35:57

whose sole job it is to collect and examine

0:35:570:36:00

any information they receive.

0:36:000:36:02

We're quite unique.

0:36:020:36:03

Not a lot of local authorities have specialist intel teams.

0:36:030:36:07

But it frees up the investigators to do the work

0:36:070:36:11

that they're trained to do.

0:36:110:36:13

And it means that we're very focused

0:36:130:36:15

on intelligence gathering techniques.

0:36:150:36:17

As well as tip-offs from neighbours and other residents,

0:36:170:36:20

the team also use CCTV and electronic entry systems

0:36:200:36:24

to look for unusual usage.

0:36:240:36:27

The fob entry systems keep a record of every entry into a building

0:36:270:36:31

made by the occupants. Working out a weekly average can give

0:36:310:36:34

investigators a sense of whether there are perhaps too many people

0:36:340:36:38

living in a property, or even if it's been abandoned.

0:36:380:36:41

What we're looking for is people that are abusing our housing stock

0:36:410:36:45

and quite often making large amounts of money on the back of that and we

0:36:450:36:50

want to make sure that all of our properties are filled

0:36:500:36:54

by Oxford residents who need that housing,

0:36:540:36:56

who can't afford private rented accommodation.

0:36:560:37:00

And every investigation that we conclude

0:37:000:37:03

and every property that we recover

0:37:030:37:05

means that a local family who need housing can be housed.

0:37:050:37:09

The intel team has drawn up a list of the top 40 properties

0:37:090:37:13

that have markers for unusual use.

0:37:130:37:15

Now housing investigators can make

0:37:150:37:17

personal calls to carry out further checks.

0:37:170:37:20

The list that we provided today to the officers is the top 40

0:37:200:37:23

of ones that we think are either likely to have nobody there

0:37:230:37:28

or likely to have somebody there who shouldn't be.

0:37:280:37:31

It's mid-morning.

0:37:330:37:35

Two teams of investigators are out and about in Oxford,

0:37:350:37:38

checking on the list.

0:37:380:37:40

At their first stop,

0:37:400:37:41

investigation officers Dan Barker and Robert Ducker have received

0:37:410:37:45

information that the tenant may have a partner living in -

0:37:450:37:48

not an issue in itself unless the tenant

0:37:480:37:51

is claiming benefits as a single person.

0:37:510:37:53

-Hi, there.

-Hi, there.

-From the council.

0:38:010:38:04

-We're looking for

-BLEEP.

-Is she at home?

0:38:040:38:06

She's not here at the moment?

0:38:060:38:08

Do you know what time she's going to be back?

0:38:080:38:10

About three o'clock.

0:38:100:38:12

-That's great. OK, we'll pop back then. Thank you.

-All right.

0:38:120:38:14

This one was some intelligence we'd received from the tenancy

0:38:140:38:17

management officer suggested it was possible living together...

0:38:170:38:20

Undeclared partner living at the property. And that's the description

0:38:200:38:23

of the gentleman who's answered the door matches the partner perfectly.

0:38:230:38:26

So I shall be feeding that back

0:38:260:38:28

and requesting benefits do a review on the account.

0:38:280:38:32

The tenant's not at home and the occupant

0:38:320:38:35

matches the description of the new partner.

0:38:350:38:37

This first flat on Ben Simmons' and Ken Hodge's list is showing

0:38:370:38:41

very low fob usage, which means it could have been abandoned.

0:38:410:38:44

They've had their Christmas decorations on there, I think.

0:38:460:38:50

This one's quite a positive result for us. The fob usage on the

0:38:540:38:57

property indicates that she wasn't living at the address any more.

0:38:570:39:00

There's two fob uses in three months, which to enter the building

0:39:000:39:04

every day would obviously build up higher than that.

0:39:040:39:07

That, including the rent arrears that have built up,

0:39:070:39:09

and then information from neighbours has just suggested that

0:39:090:39:12

she's actually moved her stuff out of the property now.

0:39:120:39:16

Dan and Robert also have a possible abandonment on their list.

0:39:160:39:20

The intel suggested that we wouldn't find anyone at the property,

0:39:240:39:27

and that's she's possibly left the district altogether

0:39:270:39:30

and is living elsewhere in the country.

0:39:300:39:32

Yeah, possible case of abandonment, you know.

0:39:330:39:35

Abandoning a social housing property is a breach of tenancy

0:39:350:39:39

and the official tenant could be prosecuted.

0:39:390:39:42

We take the abandonment of council properties quite seriously

0:39:420:39:45

and we could have another family living in that property who are

0:39:450:39:48

currently in temporary accommodation or living in unfit conditions.

0:39:480:39:51

They could be living here quite happily and have a nice,

0:39:510:39:53

safe place and a new home to live in.

0:39:530:39:55

Next on Ben and Ken's list is a flat which has a lot of fob usage,

0:39:580:40:01

which could indicate extra occupants.

0:40:010:40:04

Richard, how many fobs do you have to get into the address?

0:40:050:40:07

-Just the one.

-Just the one fob?

0:40:070:40:09

Well, I've got a spare over at my parents'.

0:40:090:40:11

You've got a spare at your parents'? And are you the only person that lives here?

0:40:110:40:14

-I am, yes.

-You are.

0:40:140:40:16

So, the reason we've knocked on your door is because there is

0:40:160:40:19

quite high usage on your fob, if you're saying

0:40:190:40:22

you're the only person that lives here.

0:40:220:40:24

My parents only live over here so I'm in and out, so...

0:40:240:40:26

-Right, OK, fine.

-I don't really...

0:40:260:40:28

I don't really see why it would show up as more than normal.

0:40:280:40:34

For the average single person,

0:40:340:40:36

your usage is probably one and a half more...

0:40:360:40:39

One and a half per day more than the average.

0:40:390:40:42

-So, that's why we check it out.

-OK.

0:40:420:40:44

So, no problems there.

0:40:440:40:46

Back with Dan and Robert and another possible abandonment.

0:40:460:40:49

-Hi, there.

-Hello.

0:40:550:40:56

-We're from the...

-But this time, the tenant's in.

0:40:560:40:59

We're just here to do a quick tenancy update with you.

0:40:590:41:02

Have you not put the heating on?

0:41:020:41:04

She's been away from the flat as her partner has been in hospital.

0:41:040:41:07

But Dan and Robert find that the flat is freezing cold.

0:41:070:41:11

-Did you say your heating's not working?

-No.

-No, none of it?

0:41:110:41:15

But you've reported it, have you?

0:41:150:41:16

-Yes.

-OK.

-Right, I'll check that when we get back.

0:41:160:41:20

-All right.

-Thank you very much for your time.

-Thank you.

-Cheers.

0:41:200:41:23

-Thanks very much indeed. Bye.

-Bye-bye.

0:41:230:41:25

I think there are potentially some welfare issues that we need to look

0:41:250:41:28

into in terms of her heating didn't appear to be working and she says

0:41:280:41:31

she's reported this to the council but when we get back to the office,

0:41:310:41:35

I want to make sure that that has been done, and that it's raised as a

0:41:350:41:38

priority job because, you know, that flat was absolutely freezing and

0:41:380:41:41

there's no way she should be living in those kind of conditions.

0:41:410:41:44

The teams spend the rest of the day

0:41:490:41:50

checking the remaining properties on their top 40 list.

0:41:500:41:53

That's it. Last one.

0:41:580:41:59

Four weeks later, and Dan has been following up on the door knocks.

0:42:050:42:09

First, the tenant with the freezing cold flat

0:42:110:42:13

has had her heating repaired.

0:42:130:42:15

On the tenancy audit, several flats were suspected of being abandoned.

0:42:170:42:22

One of them is indeed empty.

0:42:220:42:24

The team attempted to get in touch with the tenant, but just

0:42:250:42:28

a few days later, the keys to the property showed up in the post.

0:42:280:42:31

It may not seem like much return for a day's pounding the stairways,

0:42:330:42:36

but to one lucky family it means the world.

0:42:360:42:39

With social housing in such short supply,

0:42:450:42:47

the battle to crack down on tenancy cheats is more important than ever.

0:42:470:42:52

And thanks to the hard work of so many housing fraud officers,

0:42:520:42:56

more and more properties are being put back in the hands

0:42:560:42:59

of those who really need them.

0:42:590:43:00

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