Local authority prosecutes housing association tenant for unlawful subletting

Enfield Council is claiming to have become the first local authority nationally to have used the Prevention of Social Housing Fraud Act 2013 to successfully prosecute a housing association tenant for unlawful subletting.

Under the 2013 Act unlawful subletting of a social housing property became a criminal offence. Although housing associations cannot instigate proceedings themselves they can authorise a local authority to take action on their behalf.

Investigators from the housing association, London and Quadrant, became suspicious that Yasmine Maya had not been living in her flat at Lena Crescent in Edmonton.

L&Q contacted Enfield Council and a joint investigation was launched. This discovered that Maya had represented to the subtenants that she was the owner of the property.

It also found benefit fraud worth £42,000 after she failed to declare income from employment as well as savings in undeclared bank accounts.

The property was recovered from Maya in 2014.

Maya, of Marle Gardens, Waltham Abbey, was sentenced at Wood Green Crown Court on 29 April after she had previously pleaded guilty to subletting the L&Q flat unlawfully. She also admitted charges in relation to benefit fraud.

The defendant was ordered to undertake 250 hours of unpaid work. She also received a sentence of 16 months’ imprisonment, suspended for two years.

Cllr Andrew Stafford, Enfield’s Cabinet Member for Finance,said “Enfield Council has broken new ground by being the first local authority to use this new legislation to crack down on a benefit fraudster.

“Those that profit from subletting social housing are criminals so I am delighted we have been successful bringing this criminal to book.”