Is subletting the real cause of the housing crisis?
Narinder Moss has represented the social housing tenants of Hackney for over 35 years. She has dealt with every type of housing case – rent arrears, anti-social behaviour, disrepair, subletting. Subletting is now our main enquiry. Why?
Subletting is a criminal offence
The Prevention of Social Housing Fraud Act 2013 is certainly one reason. The act gave social landlords new powers to prosecute for a criminal offence of subletting and to claim back any profit made by the tenant. Councils and housing associations took a long time to get going but, in the end, they realised the benefits the act gave them. Investigation and sometime prosecution are now common.
Subletting contributes to the housing crisis
There are long waiting lists for social housing across the country. This creates real anger and frustration and demands that more houses are built. But building houses takes time and developers will only do it if they can make money. Councils build almost nothing and anything they do build is likely to be bought by the tenant at a discount under the Right to Buy scheme. What can be done?
Where are the housing officers?
Narinder says that one of the main problems is that housing support has been centralised. Local authority estates used to have a housing office, where the tenants could find their housing officers. The housing officers knew their tenants personally and would act swiftly if there were rent arrears, disrepair or they suspected subletting.
All that changed when, to save money, the landlords closed their estate-based offices. Housing officers could only be contacted by phone or email. They no longer know the tenant personally. Tenant services have declined. The pandemic and home working have made things worse.
Subletting 25% in places.
Some housing associations put the level of unlawful subletting as high as a quarter of all homes in some areas. Yes, a quarter. If that is so, then the housing crisis is caused in part at least by unlawful subletting. Not by a failure to build.
This explains why it is so important for landlords to get their properties back – to reduce their waiting lists. It also explains why our housing department receives so many enquiries from tenants accused of subletting. Further why in almost every subletting case we have been successful at avoiding prosecution by negotiating return of the tenancy in return for no financial penalty or criminal prosecution.
We have done many, many cases. If you have a subletting problem call our expert team on 0208 986 8336 and we will do all we can to help.