The legal context
Unlawful subletting is a serious criminal offence under Section 1 of the Prevention of Social Housing Fraud Act 2013. A tenant commits an offence if they sublet the whole or part of their dwelling-house in breach of their tenancy agreement and cease to occupy the property as their “only or principal home.”
Crucially, the law does not require the subletting to be for profit or to a stranger — any parting with possession without the landlord’s written consent can trigger criminal liability.
The challenge: overwhelming evidence and a prosecution risk
Moss & Co was consulted by a client who had been served with a Notice Seeking Possession and invited to an Interview Under Caution. The Local Authority alleged that the client was no longer residing in their council property and had unlawfully sublet the premises.
Initial requests for disclosure were declined by the Council until shortly before the interview. The evidence produced was substantial and technologically advanced, including:
- Digital surveillance — an analysis of phone records showing the client’s device was consistently located away from the property.
- Third-party data — records from the DWP, employers, and bank statements.
- Vehicle tracking — car insurance documents and police reports linking the client to a different primary address.
The legal intervention: tactical silence and negotiation
Upon reviewing the strength of the Council’s evidence, our specialist team advised the client to exercise their right to remain silent and decline to answer questions during the interview. It was our professional assessment that the prospects of a conviction were exceptionally high if the matter proceeded to a criminal court.
Recognising that the client’s priority was to avoid a permanent criminal record, Moss & Co entered into intensive negotiations with the Local Authority’s legal department. We proposed a pragmatic resolution: the voluntary surrender of the tenancy in exchange for a diversion from prosecution.
The outcome: avoiding a criminal conviction
Through successful negotiation, the Council agreed to a settlement. The property was returned to the Local Authority’s housing stock, and the client was issued with a simple caution rather than being prosecuted in the Magistrates’ or Crown Court.
This strategic result ensured:
- No criminal record. Unlike a court conviction, a simple caution is not a “conviction” and does not result in a police record in the same manner.
- Professional safeguarding. The client avoided the public and professional fallout of a fraud trial.
- Resolution of civil claims. The settlement brought an end to the possession proceedings and potential unlawful profit orders.
Key lessons for social housing tenants
- The power of technology. Modern fraud investigations rely heavily on mobile phone cell-site analysis and digital footprints. If you are not residing in your property, the Council likely already has the data to prove it.
- “Interview Under Caution” is not a chat. This is a formal criminal procedure. Any admissions made can be used as evidence for a custodial sentence or unlimited fine.
- Disclosure is mandatory for defence. Tenants are often denied access to the evidence against them until the last moment. A specialist solicitor is required to force disclosure and interpret the data.
- The benefit of specialist negotiation. Even when the evidence is overwhelming, an experienced legal representative can often negotiate a civil exit that protects your future and your freedom.
Under investigation for subletting? Contact us immediately
We have extensive experience in tenancy fraud cases and act for clients at every stage — from the first letter from the council through to trial. If you have been asked to attend an interview under caution it is essential that you take legal advice before you go. The investigators will often have more information than you expect, and you need to know what they know before you say anything.
At Moss & Co we are experts in both criminal law and housing law, which means we can advise on the full picture — including any related benefit fraud allegations. Legal Aid is available subject to means. Call us on 020 8986 8336 or use the contact form to speak to a specialist.