Tenants (possibly / probably) committing fraud, LA's responsibilities ?

Mort_Gage

Hi, I'm new to this board so please keep that in mind !

I live in a semi-detached and next door is rented out. The current tenants have been using my address to obtain mobile phone contracts (from O2) and attempting to obtain credit from 'Very' (declined).

This issue started almost as soon as they moved in. At first we took the wrongly addressed correspondence around to them and they (plausibly) said they'd made a mistake with the house number. When it happened again we told them we would not be bringing any more mail around and that all future mail would be 'returned-to-sender'. It stopped for a while but we have recently received a letter from O2 stating that the tenants haven't paid their bill and their phones would be blocked.

I have another thread on the Consumer Rights board on which I have received advice to contact the LA, which I intend to do. The reason for this thread is to ask advice from LL's and others as to what are the LA's responsibilities (if any) regarding this potentially fraudulent activity of the tenants ??

Thanks in advance for any helpful advice or insights.

BitterAndTwisted

The landlord has absolutely no responsibility for their tenant's behaviour, fraudulent or otherwise.

What I would do with the incorrectly-addressed mail is to write back to the creditors, enclosing their own correspondence and give them the correct address, and warn them that you will not be corresponding with them further about it.

Or, bung it in the bin. But you then risk having the hassle of a debt-collector turning up on your doorstep at some point in the future.

dancingfairy

Just to be on the safe side I'd get hold of all 3 credit agency reports for yourself and any partner of yours (if applicable) just to check they aren't using your name/id etc. Hopefully not but you never know. If you are concerned that this may be a real risk you can do things such as add a CIFAS fraud marker on your file (I believe this is some sort of password which means that if you apply for any credit in the future you would be asked for the password). O.k this would mean all credit applications would have to go via a human and would be a pain if you regaularly open store cards etc but would hopefully significantly reduce/eliminate any chances of next door trying to steal your identity. I would assume you can probably sign up to some kind of reporting service through the credit reference agencies where they text you if there is any untoward activity on your file although I'm not sure how expensive/useful this would be for you.
Apart from that there is nothing you can do to stop them committing card fraud etc (as far as I know).
Best of Luck
df

G_M

The landlord, and agent, have the sameresponsibility as anyone else who becomes aware of fraud.

Crimestoppers is there for exactly that reason.

theartfullodger

Blimey!! I misread this, thought it was a thread (again, as usual..) about an agent committing fraud...

Yup, if you think anyone is committing fraud report them with full details to plod - and get proof you did. Particularly if using your address...

btw a Landlord (private only... funny that ..) in Scotland DOES have responsibility re. tenant's ASBO stuff

Cheers!

tbs624

BitterAndTwisted wrote: »

The landlord has absolutely no responsibility for their tenant's behaviour, fraudulent or otherwise.

However, it may be worth seeking the support of the LL/LA because most tenancy agreements do contain a clause about behaviour affecting neighbours.

There is a related discretionary Ground under which to seek the repossession of the property. A statement to that effect from the LL/LA may encourage the Ts/neighbours to correct their form filling for future credit etc Yes the LL may have no intention of pursuing the matter in this way ( particularly as its a discretionary Ground) but the "threat" of it may be sufficient.

Ground 14[F11The tenant or a person residing in or visiting the dwelling-house—

(a)has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
(b)has been convicted of—

(i)using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii)an [F12indictable] offence committed in, or in the locality of, the dwelling-house.]

So, I'd report the matter to both the local plod and to the LL/LA, in writing, copies kept.

Write to Experian, CallCredit and Equifax and ask them to make appropriate notes on your files. Again, keep copies.

Write to neighbour - a formal "cease and desist" letter, keeping a copy.

G_M

theartfullodger wrote: »

btw a Landlord (private only... funny that ..) in Scotland DOES have responsibility re. tenant's ASBO stuff

Cheers!

What?!

So if I had a tenant in my (mythical) Scottish property, I would be in some way responsible for the tenant's anti social behavior..?

What penalty might I incur?

what would I be expected to do about it?

tbs624

G_M wrote: »

What?!

So if I had a tenant in my (mythical) Scottish property, I would be in some way responsible for the tenant's anti social behavior..?

What penalty might I incur?

what would I be expected to do about it?

It is as Artful says.

see http://scotland.shelter.org.uk/get_advice/advice_topics/neighbourhood_issues/antisocial_behaviour/private_landlords_and_antisocial_behaviour

Selective licensing in Eng/Wales places responsibilites on PRS LLs too.

Mort_Gage

tbs624 wrote: »

However, it may be worth seeking the support of the LL/LA because most tenancy agreements do contain a clause about behaviour affecting neighbours.

Thanks to everyone who has given advice.

Many thanks to tbs624, this is exactly what I was looking for. I don't want to make the tenants actions solely the LA's reponsibility but I do want them to be aware of the tenants actions and, if there are discretionary clauses in the rental agreement, then these could be enacted to 'prompt' the tenant to behave.

I usually check my credit reports (via the £2 statutory offering) once a year but will order an update immediately.

Thanks again for the help & advice.

theartfullodger

I'm sure any landlord would be most grateful to learn of probable fraud by any tenant.