Tenancy Fraud

Every case of tenancy fraud costs West Lothian Council of £78,300. This amount is based on an average fraudulent tenancy lasting four years and includes estimated expenses for temporary housing for eligible applicants, legal fees to repossess the property, re-letting costs, and rental income lost during vacancy periods between tenancies.

West Lothian Council manages over 14,000 tenancies. We have over 11,000 households on the Common Housing Register waiting for social housing, and there are over 1,000 open Homeless applications with over 500 households currently in interim or temporary accommodation. West Lothian is currently experiencing a Housing Emergency, and demand has outstripped supply. When people commit tenancy or application fraud, households in genuine need are prevented from accessing accommodation.

What does West Lothian Council do about Tenancy Fraud?

We take reports of tenancy fraud very seriously and these are investigated by our Housing Officers in the first instance, then passed to our Counter Fraud Team for full investigation.

Anyone committing tenancy fraud risks not only gaining a criminal record but could also ultimately face imprisonment.

West Lothian Council, alongside other Local Authorities across the country, take part in the National Fraud Initiative. The National Fraud Initiative is a data-matching exercise that compares information from various public and private sector bodies to identify potentially fraudulent activity. The aim is to detect discrepancies or suspicious patterns that could indicate fraud, such as someone fraudulently obtaining a social housing tenancy, claiming benefits they are not entitled to, or subletting their council property without permission.

This initiative is conducted every two years, with data from local authorities, NHS, pension schemes, and housing associations all cross-checked to flag inconsistencies. The NFI has proven to be an effective tool in identifying a wide range of fraud cases, recovering millions of pounds in public funds.

When you are the tenant of a Scottish Secure Tenancy, you must use this property as your principle home. This type of fraud normally occurs when a tenant claims to live in a property but actually lives elsewhere, often while renting or selling the property to someone else.

Our Counter Fraud Time have successfully investigated the following incidents of tenants committing fraud by failing to use their tenancies as their principle home:

• Investigation confirmed that council tenant as permanently living and working elsewhere for a number of years. Soon after being contacted by the Counter Fraud Team the tenant requested the termination of their tenancy. The council property has now been fully recovered
• Investigation confirmed that council tenant was not permanently resident in their council tenancy and had illegally sublet the property to family members. Based on the investigation findings, Housing Services served an abandonment notice, terminated the current tenancy and the property was fully recovered.
• Investigation confirmed that council tenant was permanently living elsewhere while using council property solely for the purposes of drug cultivation. Housing Services served an abandonment notice, terminated the current tenancy and the property was fully recovered.

When you are the tenant of a Scottish Secure Tenancy, you must get your landlords permission to sublet all or part of your property. Illegal subletting occurs when a tenant sublets their entire property or part of it to others, often for a profit, without the knowledge or permission of the local authority.

Our Counter Fraud Time have successfully investigated the following incidents of tenants committing fraud by illegally subletting their tenancies:

• Investigation confirmed that a council tenant advertised the private rental of their council property online. The tenant then fraudulently induced a family into making private rental payments totalling £2,600 who were not aware that the property was council owned. Housing Services commenced with recovery of the council property. The family reported the matter to the Police who confirmed that this incident had been recorded as two frauds; one fraud committed against the family and one fraud committed against the council.
• Investigation confirmed that the tenant did not occupy their council tenancy and did not use the council property as their principal home. The tenant dishonestly withheld information about their true principal home for a period of 14 months, from 2020 to 2021, in order to retain ownership of the council tenancy which they then sublet until they returned

This type of tenancy fraud occurs when, after the death of the tenant, someone else continues to live in the property without being entitled to it, or claiming they are entitled to take over the tenancy in their own name when they are not.

Our Counter Fraud Time have successfully investigated the following incidents of tenants committing fraud through false succession:

• Investigation established that a tenancy application to succeed a deceased relative was fraudulent. The applicant claimed to have lived at the council property for the required length of time to succeed the deceased tenant. However, fraud enquiries identified their true home address and confirmed that the information provided was false. Housing rejected the application and the council property was safeguarded from this fraudulent attempt.
• Investigation established an attempted fraud by an individual who had applied to succeed the council tenancy of their deceased parent. Counter Fraud Team enquiries confirmed that the applicant did not live in the property with their parent. The applicant was permanently resident elsewhere and was potentially looking to sub-let the property had the fraudulent application been successful. Based on the fraud investigation findings, Housing Services rejected the application and subsequent appeal.

Housing Application fraud occurs when an applicant misrepresents, or exaggerates their circumstances in order to obtain social housing. For example, exaggerating their housing need, failing to disclose property ownership, or using a fake identity.

Our Counter Fraud Time have successfully investigated the following incidents of application fraud:

• Investigation confirmed that an application for joint tenancy was fraudulent. The applicant claimed that another tenant had moved in with them in December 2021. However, fraud enquiries identified that correct date was February 2023. The false date had been provided in order to fast track the joint tenancy process which would then have resulted in financial benefits for the tenant. Soon after being contacted by the Counter Fraud Team the tenant withdrew the application for joint tenancy and the council property was safeguarded from this fraudulent attempt.
• Investigation established an attempted fraudulent application to transfer a council tenancy to a family member. Counter Fraud Team enquiries confirmed that the current tenant actually owned their own private home which they had bought and moved into a year earlier. The tenant deliberately failed to declare this to the council in order to sublet the council property to a family member.

This type of fraud occurs when an individual or household provides misleading, inaccurate, or deliberately false information when applying for housing assistance on the grounds of homelessness. This type of fraud is often committed to gain access to housing or other benefits that the individual may not be entitled to. Examples of this are:

• Misrepresentation of Housing Situation: The applicant falsely claims they have no accommodation or are in immediate danger of losing their current home when they actually have stable housing.
• Providing Inaccurate Personal Information: The applicant may provide false details about their identity, household composition, or financial circumstances in order to appear more vulnerable or in greater need of housing support.
• Concealing Ownership or Tenancy: The applicant might hide the fact that they already own property or have access to a tenancy elsewhere to qualify for homelessness assistance.
• Exaggerating Risks or Threats: The applicant could falsely claim that they are fleeing domestic violence or other threats when this is not the case.

Counter Fraud Team successful investigations -

• Investigation confirmed that homeless application was fraudulent. The applicant claimed to be homeless however fraud enquiries identified that the applicant was currently living with their partner and children in their owned private home, which they were in the process of selling. Housing cancelled the homeless application and a council property was safeguarded from this fraudulent attempt. 
• Investigation established an attempted fraud by an individual who had submitted a false homeless application. In their application, the individual stated that they had four children, were temporarily living locally with a friend and required a three- or four-bedroom property in West Lothian. The Counter Fraud Team obtained multiple sources of evidence to confirm that these claims were false as the applicant owned their own private property, were not homeless and were not resident in West Lothian. Housing Services subsequently cancelled their homeless application.

West Lothian Council is committed to ensuring that social housing is available for those who truly need it.

If you suspect that a property is not being used correctly or that someone is misusing their tenancy, please let us know. Reporting tenancy fraud helps us make sure housing resources are used fairly and can lead to available homes for those on our waiting list.

Please contact the Housing Office in the first instance on 01506 280000, a Housing Officer will assess the circumstances and will report to the Counter Fraud Team if appropriate.