camden.gov.uk Stephanie Toghill, Secretary of the Tenancy Fraud Forum and Housing Investigation Manager for LB Camden. How to tackle Right to Buy fraud The Pitfalls of Right to Buy
camden.gov.uk Right to Buy is an emerging fraud risk RTB fraud accounts for much of the increase in the total value of fraud detected in 2014/15 At least 3% level of RTB fraud in London At least 1.5% level of RTB fraud around the rest of the country In the first 3 years of discounts being significantly increased, RTB fraud increased 10 fold. (Statistics from Protecting the English Public Purse 2015) The cost of Right To Buy fraud
camden.gov.uk False Housing Application Prevention of discount Prevention of loss of social home Unlawful Profit Order via subletting Prosecution (fines) Publicity Other types of Fraud Safeguarding Protecting rental income The value of tackling RTB fraud
camden.gov.uk Step 1: Introduce a 2 nd Right to Buy form Include: A declaration A warning that failure to respond could result in delays Ask for details on how the purchase is to going to be funded Ask for details of ownership of other property Steps for tackling RTB Fraud
camden.gov.uk Step 2: Interrogate internal and external databases Internal (suggestions by no means an exhaustive list) Rent and Housing Benefit Repairs system Schools Allocations Housing File and tenancy agreement External (no means exhaustive) Credit referencing Land Registry Social networking sites Steps for tackling RTB Fraud Eligibility Summary To be eligible the tenant must have a secure tenancy. The tenant must have spent at least 5 years as a public sector tenant. Tenants can only exercise the Right-to-Buy if the property is their only or principal home. In the case of joint tenancies, only one tenant needs to satisfy this point. Tenants can purchase the property with a spouse or a civil partner. A marriage certificate should be provided. Tenants can purchase the property with other members of the family providing they have lived with the tenant for the last 12 months. Tenants can have up to 4 names on the application. Tenants cannot buy their home if there is a possession order or they are subject to bankruptcy proceedings.
camden.gov.uk Step 3: The Tenancy check Visit all Right to Buy applicants Visits to be carried out by officers with investigative and safeguarding training Unannounced visits preferable Confirm those resident in the property with photo ID and proof of residency Confirm applicant wishes to proceed with RTB and what being a leaseholder means Clarify any details that are unclear Caution the applicant if necessary or arrange an Interview Under Caution Steps for tackling RTB Fraud
camden.gov.uk Step 4: Report back and follow up on findings You may need to liaise with the following departments: Right to Buy sales and admin team Housing Officer Allocations Housing Benefit and Council tax benefit Corporate fraud team Legal team Social Services Steps for tackling RTB Fraud
camden.gov.uk Cancellation of Right to Buy application Cancellation of Housing application Civil recovery action of social home Civil recovery of unlawful profit/ unjust enrichment Prosecution - False RTB application - False Housing application - Fraudulent benefit claim - Subletting Proceeds of Crime Overturning the lease Types of Enforcement Action to consider
camden.gov.uk Contact details Stephanie Toghill Housing Investigations Manager at LB Camden Secretary of the Tenancy Fraud Forum