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Original poster

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

179 replies

ItsRainingTacos79 · 28/07/2023 01:11

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.

OP posts:
Iwishicouldflyhigh · 29/07/2023 07:53

anon2022anon · 29/07/2023 06:40

@Iwishicouldflyhigh
Either the people who provided the fraudulent information could sue (the fact that they provided wrong information does not make it any less illegal for the landlord to take back the flat,, and does not mean that they will be prosecuted. That is a seperate matter for the police, and would be dealt with by the courts as two separate events) or the new subletting tenant who also has a fixed term AST in place, whether the OP is the one that issued it or not. It's no good saying that you would just take it back, if you don't have the risk of prosecution there on you.

@ItsRainingTacos79 you do.have legal grounds for eviction on your side- firstly providing false information on the application, secondly if you have no subletting on your contract as a clause (most standard ones do), thirdly for rent arrears. The question is whether it would be valid if you served it to the information they provided, i.e. is it valid if you serve it to Jane doe named on the contract, at the address she is renting from you, even if you know the name is false and she's not there.

This article suggests that you would then have to go through the eviction process again for the new tenant who is subletting, after the first is complete.
https://andrewreeves.co.uk/how-to-deal-with-a-tenant-who-is-illegally-subletting/

The police are unlikely to prosecute the OP given they aren’t interested in the actual crime being committed. They say it’s a civil matter.

the person who was the lease (they rented it off the fraudster), eoukd have to sue the fraudster and the fraufster (who has the lease with the op) eoukd have to sur OP.

i rent out a lot of properties, and I can assure you that I woujd tsje my chances of being sued (I dint think they are high) them let this continue.

AnSolas · 29/07/2023 08:35

ItsRainingTacos79 · 29/07/2023 03:09

Thank you to everyone responding. I really appreciate all the advice and kind messages.

The stolen identity victim is genuine and has police already involved for other fraud committed using her name, address and passport number. She is advised against signing anything. She also does not match in appearance or voice with the scammer who came to the lettings office. The scammer used a fake passport with her own photo (something I'm going to take up with the lettings agency - fake passport would have been flagged up had the necessary checks been made, I think they just ran a simple credit check).

Unfortunately it's not as simple as booking into the flat myself or kicking current occupants out. The occupants gave me a phone number today for the person they rented it through and this person claims to have a 12 month tenancy agreement in place with the fraudsters 🙄. He is refusing to return the property and is adamant he has a legitimate contract, saying I'd have to get a court order and proceed in that way. I imagine he will ensure the property is now never vacant between guests and will try to change the locks.

In the meantime, DH managed to do some digging online using the photo from the lettings agency of the woman impersonating the identity fraud victim and the bank accounts where the deposit and first rent payments were made from (strange, nondescript company bank accounts). A picture is slowly emerging of two individuals who, whilst keeping a very low profile online, seem to be linked. The police have so far been uninterested in what has been happening but I will try to compile evidence, names, addresses, photos and cctv footage and approach the police again.

The sheer absurdity of it all made me turn to mumsnet, just to check I'm not the only one in disbelief at what is happening. The posters who successfully managed to evict in shorter timeframes, the law was on your side due to the cannabis farming/ public nuisance angle. Glad you managed to successfully evict.

The tenancy agreement is not worth the paper it is written on as the liability for that contract would be between the woman whos ID was stolen and the person collecting the B&B rent.

This is why the woman is righ not to sign anything.

You can prove that the person who signed was not her and she can testify she never entered the contract.

You need a specialist solicitor in eviction case law.

Onother point of attack are the bank accounts.

The deposit payment links the bank account to an ongoing fraud so if you and the woman both make a complaint to the bank via the anti-money laundering department. The bank should freeze the account while they investigate. The more accounts you can locate the harder it is for the fraudster to obtain the holiday booking money.

Long shot but you could also contact HMRC and point out that the bank account money is likely tax fraud.

anon2022anon · 29/07/2023 08:50

@Iwishicouldflyhigh I also rent out a property, and then work for a landlord, and I can say that we absolutely wouldn't change the locks without legal advice- and my boss isn't the shy retiring type! The chances are very low of the original renter suing the OP but there are still risks, and now there is another tenant involved who has a contract for that property, that until it goes through the courts, is valid and legal, whether obtained illegally or not. And it sounds like this tenant is not budging unless he has to. See the link I posted above, that tenant also needs to be evicted.

But you can advise what you want, I can advise what I think, and the OP can make their own mind up, hopefully with professional advice. I hope, as a landlord, both you and I are never in this situation.

FunGamesStuff · 29/07/2023 10:09

It's such a shame that the police won't do anything about this at all. I understand the reasons but it feels so wrong. I wonder if it's linked to organised crime? Have you at least been able to get a crime number? Not sure if it makes a difference?

Is the any way to disrupt the utilities to the flat?

OP, you haven't mentioned insurance? Are you considering taking action against the letting agents?

Lapland123 · 29/07/2023 10:17

ItsRainingTacos79 · 28/07/2023 01:30

@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.

Flipping heck… can scarcely believe the audacity of these scammers

I hope you get some advice and can get your flat back

What a nightmare

PassTheSnacks · 29/07/2023 13:37

There have been gangs doing stuff like this in other countries like Spain.

www.thetimes.co.uk/article/squatters-took-over-our-spanish-villas-35tj5xgh0

Seems the solution there has been to hire in lawyers and heavies. I'd be careful about taking back occupation yourself as they could become violent. Hire in some big guys to do it: there may be people who specialise in this here (ex-bailiffs etc) like the Spanish ones in the article.

Sorry this has happened to you. It's ridiculous that the police won't deal with something like this where legal ownership is easily provable.

PassTheSnacks · 29/07/2023 13:38

Also put a marker on your land registry record, so that if anybody tries to make a change to it (e.g. securing borrowing against the property in your name or even re-registering its ownership) you would be notified. You can do this online. In fact it's a good idea for everyone to do.

Original poster
ItsRainingTacos79 · 29/07/2023 20:11

@PassTheSnacks this is a really good piece of advice. Everyone really should register.

OP posts:
PassTheSnacks · 29/07/2023 22:59

It is such a good idea, especially as it takes just a couple of minutes to set up. I heard of one case where someone's house was being sold and the sale about to complete before they discovered what was going on (foreign buyer so no viewings). They were still living there and had no idea someone had stolen their identity. Obviously the estate agents/ solicitors should have done ID and land registry checks but clearly some are not thorough!!

Blondeshavemorefun · 30/07/2023 07:33

PassTheSnacks · 29/07/2023 13:38

Also put a marker on your land registry record, so that if anybody tries to make a change to it (e.g. securing borrowing against the property in your name or even re-registering its ownership) you would be notified. You can do this online. In fact it's a good idea for everyone to do.

How do you do this

nauticant · 30/07/2023 08:13

This is the link:

https://propertyalert.landregistry.gov.uk/

SGsling · 30/07/2023 10:06

Oceanus · 28/07/2023 11:19

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.

I also agree with this. Get them out early take possession, and get back in.

Blondeshavemorefun · 30/07/2023 10:32

nauticant · 30/07/2023 08:13

Thanks @nauticant Have done it

JesusSendFloods · 30/07/2023 10:39

SkinnyMalinkyLankyLegs · 28/07/2023 13:55

Please don't take this as legal advice as I'm not a lawyer. But couldn't you just go in once the people leasing it on holiday are gone and change the locks? As who would actually take legal proceedings against you? The person who has fraudulently taken out the lease? Surely they wouldn't as they'd have to present themselves as the person who they are pretending to be, landing themselves in a whole load of trouble. Surely they'd just skulk off?

That's exactly what OP needs to do. Go in and change the locks as soon as whoever is there leaves the property.

Original poster
ItsRainingTacos79 · 30/07/2023 10:44

@SGsling the guests no longer engage with me unfortunately. But I will be turning off running water into the flat to cause as much inconvenience as I can in the meantime.

OP posts:
FunGamesStuff · 30/07/2023 10:46

ItsRainingTacos79 · 30/07/2023 10:44

@SGsling the guests no longer engage with me unfortunately. But I will be turning off running water into the flat to cause as much inconvenience as I can in the meantime.

I hope that works. Good luck!

montecarlo7 · 30/07/2023 10:53

ItsRainingTacos79 · 30/07/2023 10:44

@SGsling the guests no longer engage with me unfortunately. But I will be turning off running water into the flat to cause as much inconvenience as I can in the meantime.

This is a great idea. I really hope you get your flat back soon.

Shurleyknot · 30/07/2023 11:07

Oh yes and get the gas and electric cut and if there is internet cancel that too.

SpringViolet · 30/07/2023 11:13

‘Unfortunately it's not as simple as booking into the flat myself or kicking current occupants out. The occupants gave me a phone number today for the person they rented it through and this person claims to have a 12 month tenancy agreement in place with the fraudsters 🙄. He is refusing to return the property and is adamant he has a legitimate contract, saying I'd have to get a court order and proceed in that way. I imagine he will ensure the property is now never vacant between guests and will try to change the locks.’

The ‘tenancy’ the person renting it out has in place with the fraudsters is null and void though as they have no contract with you, the owner. The fraudsters would have to prove they were in fact the person you originally rented the property to and you have evidence they aren’t and that identity theft has taken place.

The chance of legal action against YOU being successful is so ridiculously low, I’d definitely just get a locksmith out straight away, tell whoever’s in there to get out immediately, change the locks and secure the property. What are the holiday makers going to do? Call the police? You have proof of ownership.

Turning the water off is good but I wouldn’t want to risk the fraudsters wrecking the property in revenge leaving me in even more out of pocket. I wouldn’t let this continue for another day.

JesusSendFloods · 30/07/2023 11:15

Yes, don't aggravate the people inside, especially if the flat is furnished, they might thrash it out of spite.

Original poster
ItsRainingTacos79 · 30/07/2023 11:31

The fraudsters changed the utilities to the flat so I can no longer access those. Only the water valve is accessible without entering the property.

Using photos and bank details of the individual fronting the scam I've identified their names, addresses and place of work (they were stupid enough to use a registered company account and a personal bank account to pay deposit and rent initially). While this is all one big PITA, I'm just shocked at how young they are - early 20s and fresh out of uni, living with parents by the looks of it. The person in possession of the actual flat is much higher up the chain and is still an anonymous figure but claims he has a 12 month tenancy on the property and has stated his rights (which are in line with what the lawyers have told me). All very depressing.

OP posts:
montecarlo7 · 30/07/2023 11:33

Can the fraudsters also access the water valve?

Original poster
ItsRainingTacos79 · 30/07/2023 11:35

Only the porters and I have keys for the valve cupboard and I've instructed that they are not to give them out.

OP posts:
Paq · 30/07/2023 11:40

ItsRainingTacos79 · 30/07/2023 11:35

Only the porters and I have keys for the valve cupboard and I've instructed that they are not to give them out.

I'd turn off the water in that case.

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