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.

I would go in and change the locks and let them sue me

you will have the keys though?

they cannot get in without causing criminal damage, and they cannot prove they have the rights to access the property?

OP, if the flat is in a building which is managed by a property management firm, you might find that short term holiday lets are against the terms of the building lease. I know because we wanted to do holiday lets with a flat but were not allowed under the terms of the building lease.

If that's the case, get in touch with the property management company and see if you can work together on this. For example if it's in a building, is there secure key code access or a key. Perhaps these could be changed?

You definitely need proper legal advice though! You might be in for a bit of a fight.

I suppose it could depend how diligent locksmiths are with checking someone really does have the right to change the locks to a property they don’t have access to?

Obviously not legal advice but I think I would try my luck and change the locks. I just keep wondering what would happen?
You have a genuine contract with a fake tenant that want to stay out of it, so won't pursue you.
Someone else might have a fraudulent tenancy agreement, but not with you so not your problem.

Would they really try to go to court over this? You have proof this situation is a fraud, them going to the police/court would just attract attention to them and at worst land them in jail, at best make it difficult for them from running the scam again with a different property.
Even if they do try it in court, would the cost be much higher than the 12 months of rent you are loosing now anyway? (Maybe yes, I don't know...)

It's a tough situation to be in... I hope you get it resolved asap

The OP has a problem that the person named on the lease (NT) will not (can not) follow the legal process the OP needs to end a lease.

The OP can almost prove that the contract which was a specific performance (supply rental) between two named individials (OP and NT) is void due to fraud. The OP's solicitor will point out that without following the legal process in place (to have a Judge sign the paperwork ending the contract "on behalf of the NT") the OP could be sued by the NT.

also there is no legal obligation to have a written lease and once both parties agree the T&C of any written lease could be changed by verbal agreement or by (reasonable) conduct of both parties. This is why LL's want everybody living in a property to be on the lease. Moving a partner etc in who is living in and paying rent can form a contract with no formal agreement between them and LL.

The legislation forms a lease where there is no written agreement. Plus it over writes terms which barred by the legislation.

OP was a little too good at investigation finding the scammer. And can not lie to the court about OP knows. That somebody claims to have a legal right to be there.

The scammer can claim that they have a contract with NT and never seen the original no-sublet clause in the contract or seen a document giving NT permission to rent or that NT claimed to be the owner etc etc
That they pay the rent on time to NT etc so untill the court rules on the NT contract their contract is valid.

They could also claim that OP agreed to them moving in and NT was the OP's rent collection agent so they have a ( direct ) contract with LL and the legislation is the T&C.

Inspections can happen but eviction by non-legal means come with legal costs and fines.

There is a (small but expensive) risk of the scammer showing up and telling the Judge lies claiming that they are not the scammer and were also a victim of the scam (run by the NT or someone else).
There is a growing trend in the US for scammers to use the court system itself as part of the fraud and obtain court orders by producing "paperwork".

Just remembered something else... I'd send every single estate agent in London a picture of the scammers with a small brief on their "business".

Locksmiths do not check who the property belongs to before carrying out work.

Kind of mad that!

@andfinallyimhere it was the porters at the property that alerted me to the possibility that the flat is being used as a holiday let. And then the management for the bock has been on my back telling me I'm in breech 😏 So all round fun and games.

Actually, there was a good suggestion from a PP re the lease holder. Is there a magnetic key or a main door code that can be changed to prevent unauthorised entry?

This would be perfect for the scammer programs on the BBC..might be worth contacting them?? Free legal advice on legal hour on
LBC give you a different legal opinion. I am really shocked at what you are going through.

The National Landlords association will keep you right.

Does your LL insurance cover legal fees?

Talk to cleaning agency and when they are there - knock on door or gain entry with a locksmith

I know it’s not technically legal but I would change the locks, they’ll just move on to their next scam.

Sorry but I don’t get this. The person named on the tenancy agreement has been a victim of identity theft and denies taking the tenancy.

So if the fraudsters did try to sue for illegal eviction, they’d have to prove they were the person named on the tenancy surely? As they won’t be able to they have no contract with the OP.

The identity theft victim is not going to show up in court claiming the tenancy.

The subletters are neither here nor there as they have have no contract with the OP and as the fraudsters themselves also have no contract, whatever they agreed among themselves has no legal standing surely.

I can’t believe the OP hasn’t already turned up with a locksmith, gained entry, told whoever is in there they have unlawfully entered the property and got them out obviously without force. Just sit there until they do. Call police if breach of the peace. Getting some sort of metal security door nailed over the door frame so no one can get in with an alarm if anyone tries to remove it.

Got to be cheaper than solicitors, going through the court system and the loss of rent.

Who’s named on the utility bills? The ID theft victim? So even more for her to deal with.

If the holiday makers call the police, they’d have to prove they had a legal right to remain in the property which they can’t! Holiday makers have no legal right of occupancy to a property!

If the fraudsters turn up, take photos of them, record them and tell them to prove they are the tenant named on the contract. Say you will be prosecuting them for fraud. They’ll soon scarper.

No way would I allow this to continue.

@SpringViolet the short answer is no solicitor would tell a client to bereak the law.

LL signed a contract (with a scammer but ignore this as is not the occupant)
Someone (scammer, NDN's cat etc) used that contract to create a sub-let
The sub-let creates holiday lets.

The law is
if there is a lawful contract follow the contract to get the property back
if there is not a lawful contract follow the law to get the property back

Getting some sort of metal security door nailed over the door frame so no one can get in with an alarm if anyone tries to remove it.

This is not following the law.
its like standing in court shouting "fuck you and the horse you rode in on" to the Judge

The sub-let is effectively squatting but the could use the courts to pull an extra scam and LL has provided proof of an unlawfull act which comes with fines.

I can't see how the scammers will want to go to court though. Their scam would end up on public record and also their shell company. I suspect they'd just move onto the next scam! I reckon low risk to change locks

@nevynevster but not everybody in this is a scammer or used fraudulent details. The person who is in there now has a contract that although not legal, the OP can't break, the courts need to. If I've read right, the person above them have a contract, that again,.only the court can break. It's only the people above them who used fraudulent details, but even so, the OP entered a legally binding contract with them that only the court can break. Any of the other layers involved can also choose to sue the OP, because they have a contract that is valid until the courts break it and issue the documents needed to evict.

@anon2022anon Yep but the person renting now cannot take the actual owner to court ... they don't have the OP details. They can only take their landlord ie the person who rented to them to court. That is not the OPs issue. The court process would proceed without their involvement in fact.

The only person who can take the OP to court is in fact the person who is pretending to be that person named on the contract but of course they'd struggle to prove their identity!

So surely because they can't be named as the landlord in the court process, it is low risk for them.
Jussayin

I'm so sorry this is happening to you OP. Mumsnet is usually very anti landlords but your case clearly demonstrates how the law is not on landlords' side when it comes to rights to their own property. Essentially the existing 'tenant' is a squatter and must be treated as such through the legal process.

Why couldn't they take the OP to court? The OP would be acting illegally by breaking into a house and changing the locks without it going to court, and breaking a tenancy without the courts permission. They can absolutely find out owners details on the land registry in about 5 minutes. They have a contract that until the courts says otherwise is valid. Just like squatters- they don't have a contract, but the landlords still have to spend a whole load of time and money to get their property back, and squatters have rights regardless

It's okay saying what you would do, when it's not your money (and potentially safety, if the group is linked to organised crime) that's on the line. The OP is being absolutely sensible by getting advice from someone who actually knows

Why couldn't they take the OP to court?

because they have used a stolen identity and to take the op to court they'd have to reveal themselves and how would they file the paperwork at court? under their real names or under the name of the stolen identity?

The person with the subtenancy is actually more likely to be the person running the whole scam in order to pocket the money from airbnb.

The whole thing has been very carefully set up, with the fraudulent tenancy and ID theft enacted by what would appear to be runners (OP discovered they are very young and still live with their parents). This extra layer between OP and the actual tenant makes it more difficult to do anything quickly and of course means that the subtenant can claim to be there legitimately, with a purpose-written contract that allows them to sublet.

Gosh, I am so sorry, this makes me want to cry. Sorry I have no advice to offer, it seems to be a very sophisticated set up.

The Middle East holiday renters will be heading back home soon, they usually leave the big cities after their summer exodus from their home countries, sometime towards the last week of August. They probably paid their summer rental in a once off payment up front, still, it's shocking they are not sympathetic to what is happening to you.

We have rental properties, not in UK, but I can only imagine the anguish. I had something similar on a much smaller scale, tenants set up a business from our house and then stopped paying rent, but they did leave without us having to take any legal action, the threat of it seemed to be enough for them. There were many sleepless nights until they left, thats for sure. The loss of income for the months they didn't pay became irrelevant.

I really hope you can get it sorted soon.