Overview

The Prevention of Social Housing Fraud Bill aims to tackle fraud in social housing by creating new offences related to unlawful subletting and parting with possession of social housing properties. It also introduces powers to investigate such fraud and allows for the recovery of any unlawful profits made.

Description

This bill introduces offences for tenants of social housing who unlawfully sublet their property or part with possession, while ceasing to occupy it as their main home. Different penalties apply depending on whether the subletting is deemed dishonest and the type of tenancy (secure or assured). The bill also allows for the recovery of profits made through such unlawful activities via "unlawful profit orders" which can be pursued through both criminal and civil proceedings. These orders aim to recoup the financial gains obtained from the illegal subletting. The bill also grants local authorities wider powers to investigate and prosecute these offenses and empowers them to demand information for these investigative purposes. Failure to provide this information would create a new summary offence. The bill makes consequential amendments to a number of existing pieces of legislation to ensure consistency and effectiveness.

Specific Offences:

• Unlawful subletting of secure or assured tenancies (with varying penalties depending on intent and tenancy type).
• Refusal to provide information during investigations.

Unlawful Profit Orders:

• Can be pursued in both criminal and civil courts.
• Aims to recover profits made from unlawful subletting.

Investigative Powers:

• Local authorities gain broader powers to investigate and prosecute.
• Regulations allow for the demand of information relevant to investigations.

Government Spending

The bill doesn't directly specify the amount of government spending involved. The costs will likely relate to increased enforcement and investigation by local authorities, and may require additional staffing and resources. No specific figures are provided in the bill text.

Groups Affected

Groups potentially affected include:

• Social housing tenants: Those who unlawfully sublet their properties face penalties, including fines and imprisonment.
• Social housing landlords (local authorities and registered social landlords): They gain new legal avenues to recover lost revenue and pursue fraudulent tenants.
• Local authorities: They receive increased powers and responsibilities for investigation and prosecution.
• Courts: Increased workload due to new cases and procedures.

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