Search Legislation

Prevention of Social Housing Fraud Act 2013

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 5

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Prevention of Social Housing Fraud Act 2013, Section 5. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

5Unlawful profit orders: civil proceedingsE+W

This section has no associated Explanatory Notes

(1)The court may, on the application of the landlord of a dwelling-house let under a secure or an assured tenancy [F1or a secure contract], make an unlawful profit order if—

(a)in the case of a secure tenancy, the conditions in subsection (3) are met, and

(b)in the case of an assured tenancy [F2or a secure contract], the conditions in subsection (4) are met.

(2)An “unlawful profit order” is an order requiring the tenant against whom it is made to pay the landlord an amount representing the profit made by the tenant from the conduct described in subsection (3)(a) or (4)(c).

(3)The conditions in the case of a secure tenancy are that a tenant under the tenancy—

(a)in breach of an express or implied term of the tenancy, has sub-let or parted with possession of—

(i)the whole of the dwelling-house, or

(ii)part of the dwelling-house without the landlord's written consent,

(b)has ceased to occupy the dwelling-house as the tenant's only or principal home, and

(c)has received money as a result of the conduct described in paragraph (a).

(4)The conditions in the case of an assured tenancy [F3or a secure contract] are that—

(a)the landlord is a private registered provider of social housing [F4,] a registered social landlord [F5or in relation to Wales a community landlord],

(b)the tenancy is not a shared ownership lease,

(c)in breach of an express or implied term of the tenancy, a tenant under the tenancy has sub-let or parted with possession of the whole or part of the dwelling-house,

(d)the tenant has ceased to occupy the dwelling-house as the tenant's only or principal home, and

(e)the tenant has received money as a result of the conduct described in paragraph (c).

(5)The amount payable under an unlawful profit order must be such amount as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the landlord or the tenant, but subject to subsections (6) and (7).

(6)The maximum amount payable under an unlawful profit order is calculated as follows—

  • Step 1 Determine the total amount the tenant received as a result of the conduct described in subsection (3)(a) or (4)(c) (or the best estimate of that amount).

  • Step 2 Deduct from the amount determined under step 1 the total amount, if any, paid by the tenant as rent to the landlord (including service charges) over the period during which the conduct described in subsection (3)(a) or (4)(c) took place.

(7)Where an unlawful profit order has been made against the tenant under section 4, an order under this section may only provide for the landlord to recover an amount equal to the aggregate of the following—

(a)any amount by which the amount of the tenant's profit found under this section exceeds the amount payable under the order made under section 4, and

(b)a sum equal to any portion of the amount payable under the order made under section 4 that the landlord fails to recover,

and the landlord may not enforce the order under this section, so far as it relates to a sum mentioned in paragraph (b), without the leave of the court.

(8)For the purposes of this section “the court” means the High Court or the county court.

(9)Section 110(3) of the Housing Act 1985 (by which the claimant in proceedings relating to a secure tenancy may not recover the claimant's costs if the proceedings are taken in the High Court) does not apply to proceedings under this section.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources