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.

Your contract is with the named tenant. The other party are simply squatters. So you ask the named tenant to surrender the tenancy with immediate effect and you get over there with a locksmith same day.
the other party have no leg to stand on as they’ve nothing in their name.
it’s really that simple.

Unfortunately she has been advised by her lawyers not to do so as it's admitting she took the tenancy.

I also call BS on this, why has she got lawyers to resolve? This would a police matter for starters. Can you be sure that she’s not involved in the scam too? Pretends to have been scammed and then sprouts some nonsense that it’s admitting she took the tenancy, she didn’t, her stolen identity was used and this would be proof of that, which would support her situation.

@NeedToThinkOfOne you would think that how it works but apparently not. I can't start any process without serving an eviction notice to the phantom tenant. I agree, the lettings agent have been crappy (and they are a well known agency, think Saville's, KFH, Foxtons so you'd assume some level of protection). But there appears to be nothing they can do either so I'd be wasting my time. I would still need to go through the formal process of eviction and waiting it out. The police are also of no help. It's just unbelievable how property laws work.

This is insane. Just when I thought I'd read it all about our batshit private rental system. Are they paying you rent still?

OP, I'm so sorry. If you are going to do this through the courts, I think you will need to prepare yourself for a long, expensive and stressful process. There are lots of delays at the moment. The saving grace is that the fraudsters are unlikely to appear in court (!) so getting your possession order and then warrant of eviction should be a formality. As someone who is currently caught up in a hellish situation with nightmare tenants who are refusing to leave my family home, you have all my sympathies. I hope your situation resolves more quickly than mine.

I would think you need to serve a notice on the tenant and any other occupiers. If you are not getting rent serve a s8 and if there are other issues i.e other conditions of the tenancy are being broken include those on the notice. You will need to then get a court date so that the tenant[!] can appear at court, if they don't appear then you will probably just be given possession. I have known the court to give immediate possession in extreme circumstances and you could ask for that, as you are being scammed. Once you have the PO book a bailiff to remove the occupants and a locksmith to change locks. You are going to have to wait I'm afraid but best to get the ball rolling. And engage a solicitor not the miserable apology of a the letting agent.

Try seeking advice from Landlord Action, https://www.landlordaction.co.uk/paul-shamplina. It's a nightmare, when I was an accidental landlord the estate agency hired let the house to tenants who turned it into a cannabis farm, luckily they were only in for 10 weeks before the police raided it on a tip off - but it was a stressful time and I only got my house back quickly because one of the tenants used his father, a bank manager, as guarantor. The well known estate agency was completely useless and I would never use them again because of how they handled things.

If the people staying there are on holiday and you're sure 100% sure about that bribe them. Find out when they're leaving. When they do make sure you're there with a locksmith to get in or pay them to get the keys. Once in I'm not sure you'd get sued because the people who signed the contract commited a crime with that contract so they're no going to sue. They can't sue and tell the judge they stole somebody else's id and faked somebody's signature etc etc.
If I were you I'd take turns with somebody and I'd wait the door. When they leave with their bags you're in.
That's what I would do but it reeeeeeally depends on being sure these people are on holiday not living there permanently.

Ask where they'd be interested in spending their last two nights in a 5 star hotel near there or in the city centre. This sounds expensive but it really wouldn't be. You get your property straight away.

Have you tried these people:

https://www.landlordaction.co.uk

Find out when the current occupier is leaving, be there early and change the locks. Then live there for a few weeks to see off anyone who comes round.

Absolutely contact Paul Samplina at Landlord Action. I can't see how you would need to serve an eviction notice in this case, as the tenancy has been obtained via identity fraud.

I would think some negotiation between your solicitors and the solicitors of the poor person named fraudulently on the agreement, would enable you to get back in without any consequences to her - you're both on the same side in this

The unknown criminals who lied on the tenancy agreement with false ID /references have no rights. Their holiday subletters have no tenancy rights either.
You don't need to serve any eviction notices.

This is adverse possession, aka squatters. It's criminal fraud on you, the agency, and the person whose ID was stolen. Report it to the police ASAP with full details of the person whose ID was stolen and the letting agency.

In your shoes I would fear illegal activity in and damage to your property and  need to make it safe right away.  In an emergency, owner/ LL has a right to immediate entry without notice.  Ask for police support in case  the crooks have already changed the locks and a forced entry is required. 

Get the locks changed, sack the agency, claim back the false-pretences tenancy deposit they are holding.

Surely the letting company has to bear responsibility for this? It's outrageous that they are saying it's not their problem.

OP - if there is no tenancy agreement with the people in the property, you have squatters.

You need to follow possession protocol to get an IPO, this can be served to whoever is physically in the property.

Contact Shelter.

You may be able to mail the section notice to the person who claims this was all fraud AND pay a small sum to have a court person deliver to your property.

Then follow legal eviction steps.

OR since the 'tenant' has told you they are not in possession of the property and do not intend to be, you go when the current tourists leave and change the locks or even better shutter the door and put a notice on it that there is fraud happening and the property owner has taken back possession.

The cost of shuttering isn't extortionate and would mean its harder for the scammers to break the door in.

You do not have a contract with anyone other than the person named on the lease.

I would also be questioning how the "tenant" could produce photo ID and they didn't notice the person in front of them is not the person in the photo!

The agency have NOT done due diligence if they failed to check this.

The agent had clearly not done the checks properly as they should have checked the ID. therefore you have a claim against then for breach of contract and negligence and therefore whatever it costs to get the property back and loss of rental income could form the basis of a claim against them. Get your solicitor to pursue that at the same time.

She surrenders the tenancy or you take her to court for your money? Its a bluff but it might work especially if you offer her a no fault surrender sign a paper saying she isn't liable for the rent accrued (unless she is proved in a court of law to be involved)

This.

Do you know any big burly men that can accompany you to your property? That is madness. I agree go in, change the locks and sue the shit out of the people you entrusted your property to. Then go to the police about the fraud.

Book a week in it and change the locks?

Are there lease restrictions on its use as a holiday let?

Contact the site is being let through and ask them to remove the listings.

Have you tried talking to the police?

Wait a minute you've got porters?? Well, why not giving 2 or 300 quid to be told when these people leave...? Even 500 quid would be cheap. People have to roll their suitcases out through the main door (usually).
Get a locksmith who can go in at any moment. Get a stool sit outside the door after these people leave, don't let anyone get in. If they try scream and call the police, tell them you don't know these people and they're trying to break in. The tenancy's in somebody else's name so what are they going to do?? Press charges??

I don't understand how this tenancy can be enforced when it's fraudulent and there is no such tenant. Who is going to take you to court when that person doesn't exist?

Speak to a solicitor, not the letting agent, but I would be inclined to do as others have said, change the locks when these people leave. How are they going to take you to court without admitting fraud and opening themselves up to an investigation of their probably very dubious tax affairs too? They will cancel the bookings and scurry away to the next victim once it becomes clear they've been rumbled.

Be aware that it could be criminals part of organised criminals that you are dealing with and do not go alone to the property to defend it.

You need to be swift in getting locks changed and preferably have someone trusted staying in it if not yourself whilst you make sure the place is habitable and you find a new tenant or sell etc.

Go round to the flat with someone big and burly who can break in
Chuck the current incumbents out. Unfortunate for them but they can get a hotel.
change the locks.