FAQs
What is the purpose of this policy?
This policy sets out how bpha will prevent, detect, and tackle tenancy fraud and ensure that our homes are lived in by those who need them most, and by those they are intended for.
Where and to who does this Policy apply?
This policy applies to all bpha customers and prospective customers, including applicants for housing.
What is Tenancy Fraud?
Tenancy Fraud is:
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Subletting a property to someone who is not entitled to live there whether for profit or not, without the knowledge or permission of bpha. This includes allowing the use of the home for short term lets including Airbnb.
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Abandonment of the property – where the customer is living elsewhere and has allowed someone else to live in their home.
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Unlawful tenancy succession - false applications that result in a succession of a tenancy following the death of a tenant.
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Obtaining a bpha home by deception by providing false or misleading information to secure an offer of accommodation. This includes claiming to be someone else, forged documents such as passports, false declaration of income or assets, failing to disclose whether you are renting or owning another property and/or failing to be honest in declaring the how many people live in your household.
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Unauthorised assignment of the tenancy such as through a mutual exchange or transfer of the tenancy without permission from bpha.
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Key selling – where a tenant or someone acting on their behalf accepts a payment to give a third-party the keys to their home.
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Applying for the right to buy, right to acquire or to buy shared ownership housing with false and/or misleading information.
What are the main principles of the policy?
We will:
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Take a robust approach in the prevention, detection and tackling of tenancy fraud.
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Provide information to customers on what tenancy fraud is and the requirements of their tenancy or lease agreement.
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Work in partnership with external stakeholders and other agencies to prevent and investigate allegations of, or suspected tenancy fraud.
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Ensure that any homes recovered from fraudulent use are relet in line with our Allocations Policy and the nominations agreements we have with our local authority partners.
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Report each year on the number of homes we have recovered due to suspected or actual tenancy fraud.
How will we prevent Tenancy Fraud?
We will:
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Request photographic proof of identification from all prospective tenants and shared owners.
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Check that the identification provided is valid and authentic.
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Keep copies of identification on file.
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Carry out regular tenancy audits to ensure that the correct tenant/shared owner is living in bpha properties.
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Communicate our robust approach to the prevention and detection of tenancy fraud through our website, social media, and other customer communications channels.
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Carry out a credit check where applicable to confirm a prospective or current customer’s identity, their occupation history and any other property interests.
How will we detect Tenancy Fraud?
We will:
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Encourage anyone aware of tenancy fraud to report it by contacting our Customer Communication Centre on 0330 100 0272 or by e mail at info@bpha.org.uk. Reports can also be made to the local authority.
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Conduct publicity campaigns to encourage the reporting of tenancy fraud.
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Carry out tenancy audits both individually and in neighbourhoods.
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Use intelligence, including from external agencies, to target tenancy audits in cases of high risk.
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Compare customer data with external organisations to help detect tenancy fraud.
How will we tackle Tenancy Fraud?
We will:
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Always take reports of tenancy fraud seriously.
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Work in partnership with other agencies to share data and validate tenancy details.
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Train our colleagues so they know what to look out for and the questions to ask.
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Work with identified sub tenants to return the property to bpha and take legal action where this is necessary to achieve this.
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Always act on fraudulent applications for rented housing, the right to buy and applications to buy a shared ownership home and take action to seek possession if fraudulent activity results in an offer of accommodation that someone is not eligible for.
What external partners will we work?
Subject to data protection legislation, bpha will share information with local authorities and other agencies to detect and tackle suspected tenancy fraud. This includes taking legal action where appropriate.
We work with our local authority partners, the Police and other social housing landlords.
How will my data be protected?
Under data protection legislation, all personal and sensitive data, however received will be treated as confidential.
We will, in line with data protection legislation, share non sensitive data/ information for the purposes of investigating tenancy fraud and where legal exemptions apply, provide information to the Police during criminal investigations and to safeguard children.
Anyone reporting tenancy fraud will only be provided with limited information on the investigation we undertake. This is to ensure that data protection legislation is met.
How will this policy be communicated to customers?
We will:
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Place a copy of this policy on our website
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Ensure our website is clear on the standards of service customers can expect.
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Promote the policy and how to report tenancy fraud through the website, social media and Talk magazine.
What legislation and regulatory requirements are bpha required to consider?
A range of legislation supports this policy including the Prevention of Social Housing Fraud Act 2013, the Data Protection Act 1996, GDPR regulations 2018 and the Human Rights Act 1998.
This policy supports the delivery of the Regulator of Social Housing’s (RSH) Consumer Standards - Tenancy Standard.
What can I do if I don’t agree with a decision?
If you dispute a decision made during our investigation of any suspected tenancy fraud you can submit an appeal to the Head of Housing Operations. We will reply to the request for a review of a decision within 21 days explaining the reasons for the decision we have taken.
How will this policy be monitored and reviewed.
We will monitor performance through a range of performance indicators. We will report to our Audit and Risk Committee the number of cases of suspected tenancy fraud, the number of cases where actual fraud is detected and how many homes we recover each year due to our work on preventing tenancy fraud.
This policy will be reviewed every three years or sooner if there is a change in regulation or legislation governing the items that this policy covers.