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Unauthorised occupants

An unauthorised occupant is someone who the tenant has allowed into their property and remains after the tenants have left or died.

They do not have a right to take over the tenancy or remain in the property after their own tenancy has ended.

Deliberate act of fraud

Is when a tenant 'sells' their keys to someone and conceals the fact they have left the tenancy from Hillingdon Council.

If you think that someone is occupying a property who is not the tenant you should report it to your housing management services.

Tenancy agreement

The tenancy agreement says that you must live in your council property as your main home. You can take in lodgers or sublet part of your home to someone else if you have written permission from the council. The tenancy agreement forbids you from letting the whole property to someone else.

If you are leaving the property you must give four weeks notice and return the keys having removed all your property. No one must be left still living at the property.

In some limited circumstances it is possible to pass the tenancy on to someone else, this is called assigning the tenancy

What Hillingdon Council will do

The tenancy management will carry out:

  • checks on an annual basis to make sure the currently occupants of the property are the same people to whom it was originally let to
  • checks when made aware a tenant has died or no longer appears to be living at the property
  • an investigation to establish who is actually living at the property

If the tenant has died and the people left at the property were part of their family then it may be possible for someone to take over a tenancy (succeed).

If the tenant has died and there is no one entitled to succeed to the tenancy then a notice will be served to end the former tenancy. This will also be done if it is clear the tenant is no longer living at the property. Once the tenancy has been ended Hillingdon Council will decide how to deal with the people remaining in occupation at the property.

Once the tenancy has ended Hillingdon Council will go to court to regain possession of the property. The circumstances of each case are carefully considered. Sometimes it may be decided to make the offer of a tenancy to the unauthorised occupant if it is clear they would fall in a priority group for rehousing, for example:

  • the person occupying the property was the partner of the tenant who has left , they have custody of the children but because they were not married they cannot apply to the court to have the property placed in their name
  • the tenant has died and the person remaining is a member of their family but has no right to succeed to the tenancy as the tenant had succeeded to the tenancy 'using up' the legal right to succeed

Making an offer in these circumstances is at the discretion of Hillingdon Council. The tenancy offered could be of the property they are currently occupying or a tenancy elsewhere if this was felt more appropriate to the persons assessed housing need.

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Article utilities:  Bookmark and Share Print Print this page Last updated: 12 Mar 2018 at 14:23