Page 6 | Fraudulent tenancy - how can I get possession of my property?

ItsRainingTacos79 · 2023-07-28T00:11:05+00:00

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.

Allthegoodnamesarechosen · 30/07/2023 11:46

Have you contacted your MP. They can be surprisingly helpful for odd situations like this.

trevortwodots · 30/07/2023 11:53

Hi OP

Have you tried speaking to your local council? Although not a council property they may be able to offer some advice. My council has a forum for private landlords and management agents to discuss relevant topics and offer support to each other.

You could also contact Shelter or the national residents landlord association who offer support and advice to private landlords

www.nrla.org.uk/

Madamecastafiore · 30/07/2023 11:59

Can you go to the parents house and let them know what their beloved children are up to? 20 or 40 I'd be marching DC down there to get it sorted if I were there parent?

AvidBookAndCatCollector · 30/07/2023 12:03

Find it online and book it for a weekend. Then refuse to leave.

Original poster

ItsRainingTacos79 · 30/07/2023 12:04

The council, MP and other organisations are not 'allowed' to give me advice that falls outside of the legal process. The fraudsters also have my home address which is a stone's throw from the flat so I don't want to upset them too much in case.

OP posts:

Paq · 30/07/2023 12:07

ItsRainingTacos79 · 30/07/2023 12:04

The council, MP and other organisations are not 'allowed' to give me advice that falls outside of the legal process. The fraudsters also have my home address which is a stone's throw from the flat so I don't want to upset them too much in case.

What makes you think that the "tenant" would get any more help from anyone if you just turned off the water and then changed the locks?

Original poster

ItsRainingTacos79 · 30/07/2023 12:17

@Paq they won't get 'help' but given that I'm trying to get my property back they will not leave the flat vacant at any point. They would get someone to stay there between holiday lets. Their scam is to keep the flat for as long as legally possible and make as much money in that time before they have to move on.

OP posts:

GlasgowGal82 · 30/07/2023 12:20

You need to get a better lawyer. I am in Scotland and the law is different here, but I would expect that you would need to serve an eviction notice on the person named on the tenancy agreement and go through the appropriate legal process. At the end of this you will hopefully be able to demonstrate that the person named on the tenancy agreement has no legal right to be there (either because the court supports the eviction, or the 'tenant' proves that their details were used fraudulently and the tenancy agreement was void - the latter would be in their interest because otherwise they may find themselves with costs to pay). Once you've been through that process you can legitimately enter the property and take steps to secure it. PP have been asking why the letting agent has washed their hands of this, but normally a tenancy agreement is between landlord and tenant even when a letting agent is involved. If you are letting out the flat again you need to get a better agent, but I think you already know that!

Original poster

ItsRainingTacos79 · 30/07/2023 12:20

It is frustrating that tenants (legal or not) are always advised to stay in the property when a landlord wants to take back possession. There is nothing to stop them from changing the locks themselves after I've got the flat back.

OP posts:

Original poster

ItsRainingTacos79 · 30/07/2023 12:24

After serving the notice to the fraudster on the tenancy agreement and coming out the other end, I then need to serve another to the person claiming a 12 month notice and that it's his primary residence which is more waiting 😞

OP posts:

GlasgowGal82 · 30/07/2023 12:27

Delphigirl · 28/07/2023 01:15

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

This thread should really have stopped here! This is a complex legal situation and you need good legal advice. You've gotten in this situation because you've relied on a letting agent who wasn't diligent enough. Please don't rely on ill-informed speculators on the internet to get yourself out of this situation.

Paq · 30/07/2023 12:54

ItsRainingTacos79 · 30/07/2023 12:17

@Paq they won't get 'help' but given that I'm trying to get my property back they will not leave the flat vacant at any point. They would get someone to stay there between holiday lets. Their scam is to keep the flat for as long as legally possible and make as much money in that time before they have to move on.

But if they didn't have keys or water what would they do?

Original poster

ItsRainingTacos79 · 30/07/2023 12:58

I guess what brought me here is the sheer absurdity of the whole situation.

OP posts:

JesusSendFloods · 30/07/2023 14:06

ItsRainingTacos79 · 30/07/2023 12:24

After serving the notice to the fraudster on the tenancy agreement and coming out the other end, I then need to serve another to the person claiming a 12 month notice and that it's his primary residence which is more waiting 😞

Op, you literally need to be acting now. If there are short term visitors there right now and the porters can alert you to when they go out, have an emergency locksmith on standby, go over and change the lock. None of those people have any legal recourse against you. Do not get lawyers involved, you'll end up being locked up out of your property for months if not years, and will end up with a huge legal bill.

DyslexicPoster · 30/07/2023 15:15

JesusSendFloods · 30/07/2023 14:06

Op, you literally need to be acting now. If there are short term visitors there right now and the porters can alert you to when they go out, have an emergency locksmith on standby, go over and change the lock. None of those people have any legal recourse against you. Do not get lawyers involved, you'll end up being locked up out of your property for months if not years, and will end up with a huge legal bill.

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Exactly. We had tennants that didn't pay the rent. The agent and us broke in as we presumed the house was empty but when we saw the kids photos we knew no one would leave that behind. We got chatting to the neighbours and they phoned us as soon as they showed back up. Dh went straight over and asked for the keys back, then we changed the locks as the element of surprise was in our favour. They filled the car and left. So we changed the locks and whited out the windows. These are the worst of CF who you need to out CF.

You can not win being fair and kind. They see your weakness and presume your pathetic.

Mummyoflittledragon · 30/07/2023 16:28

DyslexicPoster · 30/07/2023 15:15

Exactly. We had tennants that didn't pay the rent. The agent and us broke in as we presumed the house was empty but when we saw the kids photos we knew no one would leave that behind. We got chatting to the neighbours and they phoned us as soon as they showed back up. Dh went straight over and asked for the keys back, then we changed the locks as the element of surprise was in our favour. They filled the car and left. So we changed the locks and whited out the windows. These are the worst of CF who you need to out CF.

You can not win being fair and kind. They see your weakness and presume your pathetic.

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When was this? You could go to prison for doing that nowadays.

Oceanus · 30/07/2023 18:56

Where are the Daily Fail people when you need them...? Can you imagine them knocking on the parents' place? "Hi there, I was wondering what you think of your kids committing fraud?"
Lately there have been looooads of threads about age gaps and lo and behold The Sun ran a story about that this week. Why not doing it about something like this?
I'd be tempted to send somebody to chase them at the supermarket and loudly say "I'm a journalist have you got any comment to make about fleecing people?" Bonus points if they could do it somewhere even more public! Heck, I would write a letter and drop it the postbox of aaaaall the (real) neighbours. "Hey did you know the people living on no. so and so are career criminals? I'd be super careful because they might try to sell your house when you go on holiday or sell your address to squatters when you're away!"

Original poster

ItsRainingTacos79 · 30/07/2023 20:16

@Oceanus @Madamecastafiore funny you say that. It's something I'm dying to do. But I don't want to give the criminals a heads up too early.

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Oceanus · 30/07/2023 20:23

Effing bastards. Make a voodoo doll and send it over! 😡

NeedToThinkOfOne · 30/07/2023 21:44

I keep returning to this thread, because I still can’t understand your relationship with the letting agent. You said they are high street (you have Foxton’s as example of comparison agent) and they hold the contract with the fraudulent tenant, failed in the process for identity checks, the list goes on…yet they are doing nothing. How can this be? Why are you not threatening legal action against them? Why is their process for them to evict not kicking in? It’s seems that you are undertaking so much yourself when the middle man actually holds responsibility for the fraudulent contract.

Another path: Get yourself on Twitter naming the lettings company if they are that recognisable, find someone from their board of directors and @ them too, perhaps include a consumer issues media contact. You don’t have to give personal details, just a description of how they’ve failed you.

stayingcool · 30/07/2023 22:33

It's completely the responsibility of your letting agents to get you out of this mess

Gothambutnotahamster · 30/07/2023 23:32

That is just shocking Op - hope you get your property back soon.

greenacrylicpaint · 31/07/2023 05:50

stayingcool · 30/07/2023 22:33

It's completely the responsibility of your letting agents to get you out of this mess

unfortunately the contract is with the 'tennant' and the landlord.

the agents will have all sorts of clauses that might wriggle them out.

AutumnDragon · 31/07/2023 12:50

I've been following this thread and I'm slightly confused. There have been several mentions of not being able to go into the property as it would break the tenancy agreement - hence op would be breaking the law herself.

If the "contract" is between the landlord and a scammer, surely the contract is null and void? This renders any contracts between the current occupant and the scammer to be null & void. Did the original contract that the letting agents get signed with the scammer state anything about sub-letting as this is a standard contract term usually. Hence another break in the contract if it stated they couldn't do this.

If the contract hasn't been breached (and I can't work out why it hasn't been) then doesn't it contain a clause about the landlord or their agents being able to inspect the property with x hours notice?

So if all this has been done illegally, then what is to stop the op from just breaking in and changing the locks? Who is going to report them to the police? Surely not the scammer as they have stolen ID and committed fraud.

JesusSendFloods · 31/07/2023 12:53

AutumnDragon · 31/07/2023 12:50

I've been following this thread and I'm slightly confused. There have been several mentions of not being able to go into the property as it would break the tenancy agreement - hence op would be breaking the law herself.

If the "contract" is between the landlord and a scammer, surely the contract is null and void? This renders any contracts between the current occupant and the scammer to be null & void. Did the original contract that the letting agents get signed with the scammer state anything about sub-letting as this is a standard contract term usually. Hence another break in the contract if it stated they couldn't do this.

If the contract hasn't been breached (and I can't work out why it hasn't been) then doesn't it contain a clause about the landlord or their agents being able to inspect the property with x hours notice?

So if all this has been done illegally, then what is to stop the op from just breaking in and changing the locks? Who is going to report them to the police? Surely not the scammer as they have stolen ID and committed fraud.

Exactly. As I said before, none of the people involved in the scam have any legal standing against OP. Let's them call the police on her when she changes the locks, just for giggles.