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Legal matters

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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:
purpletrees16 · 24/08/2023 13:51

Can’t you have the fobs reset & put a note in through the concierge /building management that people are attempting to enter the building illegally and to be extra vigilant with people tail gaiting. Say that the concierge will be asking anyone they don’t know what flat number they are visiting. It’s a crime risk to all people who live there! I’d want to know.

anyone trying to go to your flat who isn’t a. You b. The person whose identity was stolen so has a legal right to the flat (unlikely to try but just so you can prove you are not stopping entry) would not be able to enter.

Explain that the concierge needs written permission for any guests for this flat number. Then they can involve the police if the the holiday makers refuse to leave. Have copies of your deeds and the legal contracts ready to go and explain to the police that you are only going to let the legal tenant into her/his property as is the tenants legal right. You could even send the tenant a letter and ask her to name any people she would like to give access to. That way you are not stopping “free enjoyment” of “their” flat.

the police are hardly going to force you to let the holiday makers in. The holiday makers aren’t actually criminals so it’s unlikely they will attack the concierge. Then your flat is empty whilst you go through legal proceedings.

not a lawyer

purpletrees16 · 24/08/2023 13:56

If being stopped entry by concierge until they have been vouched as safe by the legal occupant is illegal then every concierge who has stopped me from going up to see my friends until they collected me from the lobby was in breach!

JoanOgden · 24/08/2023 17:18

If the OP really has no legal recourse in this situation then that suggests a gap in the legislation. Might be worth writing to your MP, OP, who can forward it to the relevant government department.

stomachcramps · 01/09/2023 15:26

How's it going, OP?

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