Prevention of Social Housing Fraud Act 2013
| Jurisdiction | UK Non-devolved |
| Citation | 2013 c. 3 |
| Year | 2013 |
Prevention of Social Housing Fraud Act 2013
2013 CHAPTER 3
An Act to create offences and make other provision relating to sub-letting and parting with possession of social housing; to make provision about the investigation of social housing fraud; and for connected purposes.
[31st January 2013]
B
e it enacted
by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1)
A tenant of a dwelling-house
F1
in England
let under a secure tenancy commits an offence if—
(a)
in breach of an express or implied term of the tenancy, the tenant sub-lets or parts with possession of—
(i)
the whole of the dwelling-house, or
(ii)
part of the dwelling-house without the landlord's written consent,
(b)
the tenant ceases to occupy the dwelling-house as the tenant's only or principal home, and
(c)
the tenant knows that the conduct described in paragraph (a) is a breach of a term of the tenancy.
(2)
A tenant of a dwelling-house let under a secure tenancy commits an offence if—
(a)
dishonestly and in breach of an express or implied term of the tenancy, the tenant sub-lets or parts with possession of—
(i)
the whole of the dwelling-house, or
(ii)
part of the dwelling-house without the landlord's written consent, and
(b)
the tenant ceases to occupy the dwelling-house as the tenant's only or principal home.
(3)
The offence under subsection (1) is not committed where the tenant takes the action described in paragraphs (a) and (b) of that subsection because of violence or threats of violence by a person residing in, or in the locality of, the dwelling-house—
(a)
towards the tenant, or
(b)
towards a member of the family of the tenant who was residing with the tenant immediately before the tenant ceased to occupy the dwelling-house.
(4)
The offence under subsection (1) is not committed if a person (“P”) who occupies the dwelling-house as a result of the conduct described in subsection (1)(a) is—
(a)
a person entitled to apply to the court for an order giving P a right to occupy the dwelling-house or to have the tenancy transferred to P, or
(b)
a person in respect of whom an application may be made to have the tenancy transferred to P or to another person to be held for P's benefit.
(5)
A person convicted of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6)
A person convicted of an offence under subsection (2) is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(b)
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
Amendments (Textual)
F1
Words in s. 1(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 33(2)
Commencement Information
I1
S. 1 in force for E. at 15.10.2013 by S.I. 2013/2622, art. 2
I2
S. 1 in force for W. at 5.11.2013 by S.I. 2013/2861, art. 2
(1)
A tenant of a dwelling-house
F1
in England
let under a secure tenancy commits an offence if—
(a)
in breach of an express or implied term of the tenancy, the tenant sub-lets or parts with possession of—
(i)
the whole of the dwelling-house, or
(ii)
part of the dwelling-house without the landlord's written consent,
(b)
the tenant ceases to occupy the dwelling-house as the tenant's only or principal home, and
(c)
the tenant knows that the conduct described in paragraph (a) is a breach of a term of the tenancy.
(2)
A tenant of a dwelling-house let under a secure tenancy commits an offence if—
(a)
dishonestly and in breach of an express or implied term of the tenancy, the tenant sub-lets or parts with possession of—
(i)
the whole of the dwelling-house, or
(ii)
part of the dwelling-house without the landlord's written consent, and
(b)
the tenant ceases to occupy the dwelling-house as the tenant's only or principal home.
(3)
The offence under subsection (1) is not committed where the tenant takes the action described in paragraphs (a) and (b) of that subsection because of violence or threats of violence by a person residing in, or in the locality of, the dwelling-house—
(a)
towards the tenant, or
(b)
towards a member of the family of the tenant who was residing with the tenant immediately before the tenant ceased to occupy the dwelling-house.
(4)
The offence under subsection (1) is not committed if a person (“P”) who occupies the dwelling-house as a result of the conduct described in subsection (1)(a) is—
(a)
a person entitled to apply to the court for an order giving P a right to occupy the dwelling-house or to have the tenancy transferred to P, or
(b)
a person in respect of whom an application may be made to have the tenancy transferred to P or to another person to be held for P's benefit.
(5)
A person convicted of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6)
A person convicted of an offence under subsection (2) is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding
V1
the general limit in a magistrates’ court or a fine not exceeding the statutory maximum (or both);
(b)
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
Amendments (Textual)
F1
V1
Commencement Information
I1
I2
(1)
A tenant of a dwelling-house let under an assured tenancy
F3
or a secure contract
to which this section applies commits an offence if—
(a)
in breach of an express or implied term of the tenancy, the tenant sub-lets or parts with possession of the whole or part of the dwelling-house,
(b)
the tenant ceases to occupy the dwelling-house as the tenant's only or principal home, and
(c)
the tenant knows that the conduct described in paragraph (a) is a breach of a term of the tenancy.
(2)
A tenant of a dwelling-house let under an assured tenancy
F4
or a secure contract
to which this section applies commits an offence if—
(a)
dishonestly and in breach of an express or implied term of the tenancy, the tenant sub-lets or parts with possession of the whole or part of the dwelling-house, and
(b)
the tenant ceases to occupy the dwelling-house as the tenant's only or principal home.
(3)
This section applies to an assured tenancy
F5
or a secure contract
—
(a)
under which the landlord is a private registered provider of social housing
F6
,
a registered social landlord
F7
or in relation to Wales a community landlord
, and
(b)
which is not a shared ownership lease.
(4)
The offence under subsection (1) is not committed where the tenant takes the action described in paragraphs (a) and (b) of that subsection because of violence or threats of violence by a person residing in, or in the locality of, the dwelling-house—
(a)
towards the tenant, or
(b)
towards a member of the family of the tenant who was residing with the tenant immediately before the tenant ceased to occupy the dwelling-house.
(5)
The offence under subsection (1) is not committed if a person (“P”) who occupies the dwelling-house as a result of the conduct described in subsection (1)(a) is—
(a)
a person entitled to apply to the court for an order giving P a right to...
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