Fraudulent tenancy - how can I get possession of my property?

[ItsRainingTacos79]

If anyone can please advise...

I rented out my flat through a well known property agent who ran all the necessary checks (reference checks, passports, bank statements and credit checks) and all was well until no further rent payments were made after the initial deposit and first month's payment. It now turns out the person named on the the tenancy agreement is a victim of identity theft and fraudsters have used her information to acquire my flat and then sub let it (short holiday lets). How do I go about getting my flat back? Who do I serve an eviction notice to given that the person on the contract doesn't exist? The lettings company is washing its hands, saying they ran all the checks and nothing was flagged up. I want to enter the property and change the locks but I'm told I can land myself in a lot of trouble. I spoke to the current occupiers and explained the situation but they are not cooperating or giving me details of who they rent it from as they are on holiday and don't want to be stuck with no accommodation.

Any advice on what I can do at this point without getting arrested? It's such a ridiculous situation.

Go and get some actual legal advice instead of canvassing numpties on the internet

Have you contacted action fraud for advice? This is a popular scam especially in well sought after areas.

Solicitor is telling me I need to serve an eviction order despite the tenant being non existent. It's utterly bonkers and i'm at my wits end. The law is screwing me over, the soonest I can get my property back is 6 months if I'm to follow with the required legal procedures (will most likely take longer given the phantom tenancy agreement).

Renting a place is a huge risk. Hopefully your insurance will cover some of the loss. Have you reported the person to the police?

@Danikm151 it seems as a landlord, I can do nothing. It's a central london flat and the porters have told me there's a constant churn of visitors and a cleaning company comes in between guest stays but they can't do anything. Action Fraud have no advice.

wow this is crazy

no advice sadly, hope you get things sorted with minimum of stress OP

Could the person who is the victim of identity fraud help you here? If they formally surrender the tenancy and you swoop to change the licks between bookings would that work?

I agree with @canfor i.e. Scam The Scammers.

If someone did that with my identity, I'd be delighted to assist.

In fact, I'd have my partner change the locks for free for you!!!

As soon as the current holiday tenants leave get into the flat and change the locks with VERY secure locks.

It's not like your fake tenants can sue you given that their names aren't actually on the tenancy.

Can you find out what company they are using to advertise the holiday let and make them aware?

Knock on the door explain you are the owner and you need to book some building work ask when they are due to leave and book a locksmith for that morning. If cleaners arrive let them clean by all means. If cleaners ask for new key fob them off and say you will let them no. Then lock the flat behind them.

Glad I’ve stumbled on this in early hours as a similar thing happened to our neighbour…different enough though that I have no advice but serious question- aren’t the letting agency now doing something illegal by default? They are continuing a contract with a fraudulent (read: non existing) tenant? I don’t understand why it’s not so straight forward that they terminate the contract immediately and support you in serving the eviction notice to ‘not a real person tenant X’ as you’ve paid them a fee for their service. How are they not in breach of their contract with you?

Go in whilst holiday tenants are there. Tell them it's been fraudulently let and they need to leave and take it up with whoever let it to them. Play them at their own game. In the meantime, serve the eviction papers anyway.

@OrderOfTheKookaburra Do you think the scammers haven't changed the locks to prevent the owner gaining entry? I think if they'd sleekit enough to pull this scam, they'll have already changed the locks.

@decaffonlypls would you just accept someone's word they are the owner?

I wouldn't. I'd ring the number given to me at the time of booking to ensure the OP wasn't a scammer. If no answer from the number, I'd tell the person claiming to be the owner, I would be returning the key to the key safe from where they could (legitimately!) retrieve it. Ironic, I know!

FWIW, I think the only way round this is what @canfor suggested i.e. obtaining the property back via 'legitimate' (on paper anyway) routes.

Otherwise, as soon as the scammers get wind of the OP's intention to reclaim the property, they'll ensure there are squatters in situ to fuck her over even more.

As an aside, I'd be telling the person whose identify was stolen, to officially advise me their bank account has changed and the original deposit should be returned to their new account. 👍

I agree. Where is the managing agent in all of this?

I would change the locks and advised the building concierge of what has developed. Surely they can assist by keeping these people out of the building to begin with?

@Trez1510 - of course they would have changed the locks. That's why she needs to break in once the flat is empty, with the help of a locksmith or my accessing it from wherever the key is kept.

Do you know where it is advertised? Any way you can get a friend to book in a couple of nights and get the key that way? Might work out cheaper.

Go on Airbnb, search for your area and see if you can find your house. Contact Airbnb if you spot it - you might need to check well into the future if it's popular!

I'd do what Pp said - go around 11am when check out time would normally be and say you're the owner and were told they were due to leave, repairs etc and when they are leaving. Have a locksmith ready to change the locks.

Try to contact the actual person whose ID was used to formally end contract if needed.

However, she may not have been a victim of fraud but involved in it.

Can't you just break in and change the locks? Who would sue you?

This is shocking. I hope things get sorted

Could you try to book a couple of nights there and change the locks?

Can you book the accommodation? I'd do that and get in and change the locks whilst I'm there.

I've tracked down the actual person who is named on the tenancy to ask if she would sign the papers surrendering the tenancy. Unfortunately she has been advised by her lawyers not to do so as it's admitting she took the tenancy.

The porters at the property are also unable to intervene other than inform me when guests enter/leave. They have cctv which they've offered up but it could take days to go through 3 months.

The lettings agency claims they are not liable for any of this as they themselves went through legitimate reference checks and were duped by the fraud. They've handed over as much information they have on the person/people they liaised with.

The current occupants are no longer engaging with me.

I've been warned not to enter the property and there is a chance the property is never left empty now if the current occupants have informed the company they rented from. Chances are the scammers will keep someone at the property whenever it is vacant.

The law will see me get done for breaking and entering my own property and throwing someone out on the streets. It's easy for someone to claim occupancy regardless of tenancy agreements and they can call the police on me. The scammers know they have at least 6 months of free reign before legal proceedings kick in and they are turfed out by bailiffs. They can continue changing the locks in the meantime.

I've checked Airbnb but nothing has ever showed up for the flat. According to the the porters, the guests always appear to be from the Middle East. The current occupants I briefly spoke to were from the Middle East too so I assume it's being advertised on websites local to that region.

The lettings agency claims they are not liable for any of this as they themselves went through legitimate reference checks and were duped by the fraud. They've handed over as much information they have on the person/people they liaised with.

This is extraordinary. They have a contract with a fraudster? Surely they can immediately terminate the contract as they would do for evicting a tenant that broke any contractual terms. I think- from having an industry connection/knowledge- you should instruct them to carry out the termination of agreement (why they haven’t already done this is questionable- are you sure they are not involved in the fraud somehow?) and report them as a business. If you were a private landlord dealing with prospective tenants directly and then issuing your own contracts you’d be in a very difficult situation, but unless I’m not understanding the scenario, it’s the letting agency who should be resolving all of this on your behalf.

But surely the original agreement (which forms a contract) is void for frustration because it was made fraudulently? I don’t understand why your legal advice isn’t that there is no contract so anyone at the premises is a trespasser?