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.

Sorry but I'm finding this somewhat confusing...! If you've got porters does that mean it's a building where somebody checks every single person going in? Because if that's the case as the legal owner you can tell them "nobody's allowed in to access my property". Otherwise what the heck are those porters there for?

I don't know what the answer is but I think there must be a more efficient based on my experience.

This is a common issue where I live in Central London, both in my building and the neighbourhood. The scammers often use a slightly different address for the ad to avoid getting caught then tell the guests that they have had to move them to a different location because there is an issue with the place they originally booked. I've had to rescue a few tourists who think they have booked to stay at my address. There have also been issues with antisocial behaviour.

I know the first thing the managing agents do is track down the ads and the company that is managing the let (not necessarily the scammers, they may be using an agency for cleaning etc) and get the ads taken down. Try booking.com as well as Air BnB and look for properties in the vicinity not just your address. They often use the photos from your rental ad so do a photo search.

The scammers usually leave the key in a key safe somewhere outside eg attached to railings or furniture in the garden. The managing agent removes the key safe immediately. I am guessing because it is in a communal area they can do that because it is covered by the lease that states that anything left in a communal area will be removed. It might be worth having a look around to see if you can you can locate a key safe. If you have security keys, they won't have been able to make a copy without your knowledge.

I don't know what they do after that but they always get them shut down immediately.

Our council has an action team who shut down illegal short term lets in the borough. If your council has one, they might be able to advise.

I'm surprised they aren't paying rent. They will be raking in a fortune. Not paying rent is a surefire way to get shut down. They could have gone on for years making huge profits without getting caught out...

Try expedia (all of them), booking.com, gumtree and spareroom to see if your property shows up.

Common sense dictates that the person using the property does not have a contract with you or the agency so has no right of access. Similarly, you don't need to issue an eviction to someone who is not there. Legally what law could you possibly be breaking by entering your property and changing the locks. The person who fraudulently rented is hardly going to take legal action.

Not if the named tenant was not the one that signed the contract.

I believe this barrister works in contract law, if you contact him on twitter he may be able to point you in the right direction. (he may ignore your post but what do you have to loose?) https://twitter.com/dshensmith

There was a TV programme on this a while ago, I think they had to get bailiffs in, and they went to court. I will see if I can find it.

This is the sort of numpty I was referring to earlier. Honestly 99% of people in this thread have no idea what they are talking about and are giving you idiotic advice.
Do what your solicitor, who you have already consulted, says. Do not spend more money consulting the barrister, who is not a housing law expert but a contract law specialist, linked by another numpty above.

I can't find it, but Google Paul Shamplina.

contact you and your's?

they regularly cover scams.

Is there any evidence the person who took out the contract has been the victim of an ID scam? That individual may not be telling you the truth.

Its not beyond the realms of possiblity that a british barrister may be able and happy to signpost the op for free on twitter. Thats not a "numpty" suggestion whatever you may believe to be true.

Short term lets are only allowed for 90 days a year in total in many boroughs

have you tried council enforcement of that ?

This! How awful for you OP. Hope you get it sorted

I live in ex la and they only allow keys boxes on there office wall and whip the rest away

find the key box?

It is the numptiest idea that ever numped. “Why not contact a random barrister on twitter who does not work in the area of housing law to see if he might respond” when she has a solicitor already instructed who has already advised.

Could you try a search for the address and see if any rental link comes up?

Reading this I feel very sorry for you. I have no advise as reading what some people have written , there are diff opinions what to do

If you manage to break in and change locks then the peon jnaoe won't be able to do anything n as they are in there illegally surely as you are the named person on tenancy

Shameful the agency isn't helpful - people usually say take to Twitter then they want a business to respond /do something

And yes if porters are there why can't they let you know how long next lot are staying /they can ask how long there for etx

Or stop them coming in or what is the point of them being there

With a dodgy non-existent tenant in place, I'd be tempted to just go and change the locks.

What's the fraudulent person going to do? Sue you??

Possibly very bad advice here, but as there is no real Tennant, I'd wait for the current visitors to go then change your locks and move back in. What can they do? They have no legal right to call the police on you?

Everyone knows someone who could hire heavy to be there at the right time. Change the locks and move lots of hired help in.

Because basic contract law, the named tenant (NT) never had a contract with the OP so NT can not sign an exit clause for the contract.

Why would she put her self at financial risk to help a stranger who could be part of a scam on her.

Per the contract the OP is due rent and damages and the NT owes the OP vacent possesion if not the cost of getting VP could be added to NT "bill".
Thw scammer could claim NT sublet so NT is liable to OP.

The better option would be for the OP's solicitor to get letters of comfort off the NT that they never entered into any agreement and that no contract ever existed because the NT's did not sign or any way agree to one and the OP gives one saying she won't have any case to sue the OP.

If that wont happen the OP needs to act as if NT is part of the scam and do a legal eviction.

Exactly and for what - go and change the locks all of them and let them sue you.

I think that i'd be tempted to book in as a holiday guest, change the locks and not leave - then the 'tenant' would need to legally have to try and remove you as a 'squatter'.

Seriously, if you did that, what would they do?

I honestly think that in a case like this, there's the law....and then there's common sense bending of the law.

I rent out quite a few properties and sometimes tenants do a midnight flit. They have emptied out the flat of their possessions and very clearly no longer live there. Legally we should still go through the possession route, but of course we don't - we re let it out and keep any possessions that they might have left behind for 6 months.

book it for a holiday....and don't leave

Because if she accepts liability for the tenancy she can be forced to pay the rent if OP were minded to chase her for it. She's absolutely sensible to seek legal advice, she's had her identity stolen to take up a very expensive contract.