Home  /  Insights  /  Property Legal, Risk & Compliance
Property Legal, Risk & Compliance  

Council Tenants Not Occupying Their Homes: Legal Risks & Responsibilities

The rules on council and housing association tenants living elsewhere or subletting, and the consequences of breaking them.

Council Tenants Not Occupying Their Homes: Legal Risks & Responsibilities Property Legal, Risk & Compliance

Updated October 2026

In short: Council and housing association tenants must normally live in the property as their only or principal home. If they move out, or sublet the whole home, they can lose their tenancy, and unlawful subletting is a criminal offence under the Prevention of Social Housing Fraud Act 2013. Temporary absences, such as hospital stays or work, are usually fine if you tell your landlord.

SituationUsually allowed?What to do
Hospital stay, caring for a relative, short work postingYes, if temporaryTell your landlord and keep paying rent
Taking in a lodgerOften yes, with permissionAsk your landlord in writing
Subletting part of the homeOnly with permissionCheck your tenancy agreement
Subletting the whole homeNoCriminal offence; risk of eviction and an unlawful profit order
Moving in with a partner elsewhereNo, long termDiscuss a transfer, mutual exchange or ending the tenancy

Consequences of tenancy fraud

  • Loss of the tenancy and possession proceedings
  • Unlawful profit orders requiring repayment of money made
  • Criminal prosecution, fines and possible imprisonment for serious cases
  • Difficulty getting social housing in future

If you've found somewhere else to live

Talk to your landlord about ending the tenancy properly, a mutual exchange, or a transfer. If you need a private rental, landlords can no longer refuse tenants just because they receive benefits, and deposits are capped at five weeks' rent.

How Fraser Bond helps

  • Private rentals for tenants moving on from social housing
  • Benefit-friendly landlords across London
  • Help with references and applications

Moving from council housing to a private rental?

We can help you find a suitable home.

Speak to our team

Related guides

Fraser Bond services: DSS & benefit-friendly rentals · Rental · Contact us

Next step

You are one message away from an answer.

If you have a question

Send it to us and get a straight answer.

Describe the property and the problem. We will tell you what we would do, what it should cost, and if we are not the right people, who is.

  • Replies the same working day
  • The person who answers is the person who handles it
  • No fee, and no obligation to instruct us
If you are looking for a property

See everything we are instructed on.

Sales and lettings across Prime Central London and the wider UK, with the same team behind every listing.

  • Residential and commercial in one search
  • Filter by borough, budget and size
  • Register once and we will send matches first