Tenancy fraud policy
Enforcement and action
We have a range of responses available to tackle tenancy fraud. The actions we will take to ensure effective enforcement of this policy are to:
i. Investigate 100% of tenancy fraud cases reported to us.
ii. Act promptly, commencing investigations within seven working days of receiving the tenancy fraud report. The type of investigation and action taken will be dictated by the type of tenancy fraud alleged.
iii. Log all reports and actions taken on our case management system.
iv. WHBC may undertake covert surveillance, which is a legitimate tool in fraud investigations, in accordance with our obligations under the Regulation of Investigatory Powers Act 2000.
v. Where it is suspected that a criminal act may have taken place, trained officers may conduct interviews under caution and in accordance with the Police and Criminal Evidence Act 1984.
vi. If we determine there is no reasonable action that can be taken to deal with an issue reported to us then we will inform the complainant and provide an explanation as to why this is the case. We will also close a case where there is no evidence to progress it and no further action can reasonably be taken.
vii. Work with other agencies, including but not limited to; NAFN Data and Intelligence Services, the Department of Work and Pensions (DWP) and the Police.
viii. In some cases it may be considered appropriate to allow the tenant to return the keys of the property with no need for further court action.
ix. For tenants who do not surrender the property the Anti-social Behaviour Team will commence legal action by issuing a Notice to Quit and/or a Notice Seeking Possession, as appropriate and instruct our legal team to commence Possession Proceedings.
x. Undertake criminal prosecutions under PoSHFA 2013, where a property has been found to sublet without consent and the tenant(s) cease to occupy their property as their only or principal home.
xi. We may apply for an Unlawful Profit Order (UPO) in cases where a tenant has been found to have made a profit from letting whole or part of their home.