Letting agent living in our flat

[Ihatemylettingagent]

Letting agent recently went bust owing a lot of his landlords rent money. He owes us 4 months rent which we don't have much hope of getting back. Our tenants rent is now paid by the council direct to us.

We have just discovered our letting agent (a friend of our tenant) is actually living in our flat whilst our tenant is living in his mums house.

My dh isn't that bothered as long as the rent is being paid but I am fuming. I don't know what I should be doing about this. If I report our tenant to the council how long would it take to get the letting agent out of our flat? What rights will our tenant have as I now obviously want him out and to find a new tenant. My dh thinks we should do nothing.

We are in Scotland if that makes any difference.

[HerrenaHarridan]

Wow that's brass!

Sorry but 10 points for sheer cheek.

I can't actually be much help tbh although it's worth checking your insurance. You don't have a rental agreement with this by proxy tenant. If there were to be a fire and your insurance found out you knew you might have a problem.

[NotTheKitchenAgainPlease]

Have you got evidence? If so, tell them both you'll report to council and the police unless the letting agent gets out now and that you don't want tenant back.
If you don't have evidence then if just report it anyway.
How did you find out? Has your tenant definitely moved out and is he subletting your flat?

[Lonecatwithkitten]

As the council are paying housing benefit direct to you and your tenant is not living there they could claim the money back from you. You need to get advice very quickly.

[EhricLovesTheBhrothers]

Who is paying the rent?

[LIZS]

If the tenant receives hb and doesn't live there that is one thing, you can report to council but may in reality simply find yourselves out of pocket. Presumably the lease doesn't allow subletting , is the tenant charging his friend ? Can you give notice yet under the original terms ?

[Ihatemylettingagent]

Thanks for quick replies. The council pays our tenants rent direct to us. Yes he is breaching his tenancy agreement. We don't know if the letting agent is paying our tenant anything. Our tenant admitted it and two neighbours confirmed it.

Our tenant asked us if we would allow this a couple of months ago and we said absolutely not. My dh ran into one of the neighbours who told us what was going on and our tenant just admitted it when we asked him.

[pluCaChange]

The tenant is in the wrong for (a) subletting (especially against your express wishes) and (b) allowing someone else to enjoy housing benefit on his/her behalf. Report.

Report the letting agent, too, for fraudulently accepting HB. Letting agents in England don't seem terribly well-regulated, but maybe in Scotland something might be done about a letting agent who has committed an explicitly housing-related transgression!