Previous tenants partner, stole property keys and illegally rented to property on Gumtree

[pawsandponies]

As the title says really. Arrived at my previously rented out property to meet an estate agent who was due to take photos and put it up for sale, to find my keys no longer worked. I called a locksmith to open the doors and it was clear the property was occupied.

I phoned the police and the council who advised it would be a civil not a criminal matter and I was free to change the locks. I left a note on the door with my phone number as there was no other way to make contact with whoever was living there.

It transpires that the previous tenants boyfriend had taken a spare set of keys she had, changed the locks and rented the property for cash to a heavily pregnant young woman and her partner.
They were absolutely distraught and it was awful.

Does anyone know if this would be a criminal or a civil matter. I understand subletting is usually the latter, but as the man stole the property keys and had no rights to the property at all could this now be a criminal one?

It is both. (1) Theft of keys (you are the complainant, previous tenant is witness) (2) deception offences (sub-let tenants presumably were deceived into believing that the "landlord" had a legal right to enter into a lease with him so unless they knew it was an unlawful sub-let they're the complainants) (4) You may be able to persuade police to investigate fraud/deception on basis of you as victim but I can't recall off the top of my head if any of the Theft Act offences cover this scenario, probably not. (5) civil action by you to obtain possession from sub-letting occupants (suggest that you consult a solicitor (6) civil action by you against former tenants partner to recover your losses arising from his conduct (7) and finally but not really your concern potentially innocent sub-letting tenants may pursue a claim against "landlord"

@pawsandponies please make sure the register with Land Registry has your email address as one of the three permitted email addresses. It’s free to do and helps prevent fraud. https://customerhelp.landregistry.gov.uk/guide-external-start/?guideid=ff6c545a-b382-eb11-a812-000d3ad48f95

I'm so sorry this has happened to you. I'm in a very similar boat. You will have to serve both the occupant and the person who sublet your property an eviction notice and wait it out I'm afraid. The pregnant occupant will be advised not to vacate the property as they are within their rights to stay in this situation. It could be a lengthy process. Police will not get involved despite you having all the evidence of fraud being committed. It's awful. I hope you get your property back soon.

Fraudulent tenancy - how can I get possession of my property? www.mumsnet.com/Talk/legal_matters/4859062-fraudulent-tenancy-how-can-i-get-possession-of-my-property

Have they left the property or have you changed the locks?