06 Oct 2026
Why every house matters: Our stance on tackling social housing tenancy fraud
The Department for Communities has consulted on new measures to tackle social housing tenancy fraud in Northern Ireland.
It aims to inform the development of an overarching strategic framework and to consider whether existing legislation should be strengthened to better prevent, detect and address fraud. The overall aim is to enhance tenancy fraud identification, improve how cases are investigated and help prevent fraud from taking place.
Here, Justin Cartwright, CIH Northern Ireland national director, sets out the reasoning behind CIH Northern Ireland’s response, which proposals he supports and why.
The Department for Communities’ (DfC) public consultation, Every House Matters: a new approach to tackling social housing tenancy fraud and misuse, is a welcome step for housing in Northern Ireland. Tackling tenancy fraud speaks directly to fairness and integrity in our society, and I want to share CIH Northern Ireland’s perspective on why these proposed reforms are essential and why we support the vision behind them.
We welcome DfC’s proactive sectoral engagement in the lead-up to this consultation. Well before the formal document was published, the department convened social landlords through focused workshops, drawing directly on CIH’s practitioner and legal networks across the UK. Housing professionals in England and Wales have operated under the Prevention of Social Housing Fraud Act 2013 for over a decade, and DfC has ensured our emerging local framework is grounded in practical experience by creating early opportunities for cross-jurisdictional learning.
A core insight from those discussions – strongly echoed by experts such as Katrina Robinson MBE and Stephanie Toghill of the Tenancy Fraud Forum UK, whose evidence-based insights align closely with ours – is that Unlawful Profit Orders (UPOs) have made a big difference in England and Wales.
Under current Northern Ireland law, when a tenant unlawfully sublets a property, the primary outcome is simply recovering a house they were not occupying in the first place. UPOs fundamentally change that equation, stripping away the financial incentive to commit fraud by empowering courts to recover financial gains made from illegal subletting and returning the funds to the landlord. They will be a cornerstone of the new enforcement approach.
At CIH, we agree with the core directions set out in the consultation document. We fully endorse:
- Creating dedicated criminal offences for unlawful subletting, distinguishing between ‘knowledge only’ breaches and deliberate dishonesty
- Introducing mandatory data-sharing powers, enabling investigators to compel relevant records from financial institutions and utility providers
- Establishing a shared tenancy fraud investigation unit between the Housing Executive and housing associations through the Administrative and Financial Provisions Bill
- Applying clear, proportionate penalties and eligibility restrictions for people who deliberately seek to exploit social homes.
There are over 50,000 households on our social housing waiting list, of whom over 34,000 have been accepted as legally homeless. Every home that is fraudulently occupied is a home that could house a family in genuine need. Many such families are living in temporary housing, which can affect their quality of life and costs the public purse where expensive, short-term accommodation is used. Tackling tenancy fraud is not about penalising vulnerable people; it is about protecting the integrity of a system under strain. That’s why we particularly welcome the department’s explicit safeguards to protect victims of domestic abuse and coercion.
Every House Matters gets the balance right by combining deterrence with safeguards. CIH Northern Ireland looks forward to working closely with the department and sector partners to translate these proposals into lasting legislative reform – because in a housing crisis, every home matters.
Read the Department for Communities’ consultation on a proposed new approach to tackling social housing tenancy fraud and misuse in Northern Ireland.
Read CIH's full response:
Do you agree with the three key objectives in the proposed strategic approach to tackling social housing tenancy fraud? - Raise awareness and understanding of tenancy fraud:
Yes
Do you agree with the three key objectives in the proposed strategic approach to tackling social housing tenancy fraud? - Strengthen landlords’ powers to tackle it:
Yes
Do you agree with the three key objectives in the proposed strategic approach to tackling social housing tenancy fraud? - Protect and support victims of such fraud:
Yes
Do you agree with the three proposed outcomes, as the focus of our strategic approach: - Tenancy fraud is actively being prevented:
Yes
Do you agree with the three proposed outcomes, as the focus of our strategic approach: - Actions to tackle tenancy fraud are effective and evidence-based:
Yes
Do you agree with the three proposed outcomes, as the focus of our strategic approach: - Interventions are regularly monitored and reviewed:
Yes
Do you agree with the proposed performance measures?
Yes
Do you agree with the proposed reporting arrangements?
Yes
Opportunities to strengthen the strategy
Do you think there are any additional issues, actions or considerations that should inform the strategic approach to social housing tenancy fraud?
No
Do you agree that sub-letting a social home should be a criminal offence?
Yes
Do you agree that sub-letting should only be a criminal offence where the tenant no longer occupies the property?
Yes
Proposal 2.1 In defined circumstances, sub-letting should be made a criminal offence
Do you think that the proposed new criminal offences should distinguish between ‘knowledge only’ and ‘dishonesty’?
Yes
Do you think there should be an exemption made, in cases where the person occupying the home is someone who is entitled to apply to the court for a right to occupy the home, or to have the tenancy assigned to them. (For example, the tenant’s current or former spouse, civil partner or co-habitant, or a child for whose benefit the tenancy could be assigned)?
Yes
Do you think there should be an exemption made in cases where the person is fleeing violence and/or domestic abuse?
Yes
Proposal 2.2 There should be clear penalties in law where subletting to the definition of a criminal offence has occurred
Do you think a system of penalties for unlawful subletting, similar to those in England and Wales, should be introduced in Northern Ireland?
Yes
Proposal 2.3 Provision to make Unlawful Profit Orders
Do you agree with the proposal to legislate for Unlawful Profit Orders so that a tenant who makes a profit from social housing tenancy fraud has to repay the profit made?
Yes
Proposal 2.4 Powers to share or require information and creation of an offence for organisations which refuse to provide information
Do you think social landlords in Northern Ireland should be able to compel certain organisations (e.g. banks, utility providers etc), to provide information to support investigations of tenancy fraud?
Yes
Do you think a penalty should be imposed on any organisation not complying with requests for information which would assist with tenancy fraud investigations?
Yes
Proposal 2.5 Penalties for the misuse and non-occupation of a social home by the allocated tenant, including ineligibility for Social Housing and Homelessness assistance
Do you agree that a person whose social home is recovered because they are not occupying it should be ineligible, for a period of time, to: - Apply for social housing?:
Yes
Do you agree that a person whose social home is recovered because they are not occupying it should be ineligible, for a period of time, to: - Apply for homelessness assistance?:
Yes
Proposal 2.6: Penalties for other forms of actual or attempted tenancy fraud or misuse, including ineligibility for Social Housing and Homelessness assistance
Do you agree that where there has been actual or attempted tenancy fraud or misuse, a person should be ineligible, for period of time, for: - Social housing?:
Yes
Do you agree that where there has been actual or attempted tenancy fraud or misuse, a person should be ineligible, for period of time, for: - Homelessness assistance?:
Yes
