Tenant forged AST.

tumbledowngirl

jjlandlord wrote: »

That would be your condition to accept the surrender.

From all your posts it is unclear what is the current status of that tenancy.
As said before, it might have be easier to just accept their surrender and re-let asap.

Next time, we would certainly handle the original request to surrender differently - lesson learnt, certainly.
In our defence, even our LA says he has never known any tenant forge an AST, and as has been said, being forced into accepting a surrender you don't agree to under threat (of what might happen if you don't) is blackmail.
I'm not sure whether this particular tenant would have behaved any differently had we tried to agree terms of surrender at the start - he appears to be someone who will go to great lengths to get what he wants, on his terms only.

tumbledowngirl

Today's progress - the LA "has not been granted permission to access the property", in order for contractors to fix the back door, which we reported as letting in water when we checked the property for storm damage.

I am not clear whether the tenant has actually refused access, or simply not responded to the request.

Since rain was actually coming in through a gap between the glass and the beading (the glass had been replaced during the tenancy, at the request of the tenants but they hadn't reported any resulting problems with it), and the water was enough to have formed a small puddle on the kitchen floor when we were there a fortnight ago, I am concerned that it needs addressing promptly.

LA says he's not happy to do anything without permission from the tenant - so where does that leave us?

thequant

tumbledowngirl wrote: »

The other question is whether we take the fraud aspect further - waste of time?

Don't let yourself get side tracked by this, until this document is tested in court no crime has been committed.


Likewise don't let yourself be threatened by this document, it holds no weight till it has been tested in court.


It only when this document is tested in your civil claim will the matter potentially become a criminal matter.


Something which you should remind your tenant at the appropriate time, I wouldn't do it now though, as it sounds likely your tenant will try some other old tricks (mistakes) which could be potentially use full for you in any future claim.


Trust me, Judges are very wise to the scams people try and pull to win small claims cases.

Zorz_2

tumbledowngirl wrote: »

LA says he's not happy to do anything without permission from the tenant - so where does that leave us?

I agree with this one. From what you describe, you've got yourself a "professional" slimy tenant. I expect them to claim falsely for harassment if you try to enter the property.

tumbledowngirl

Thanks thequant and Zorz.

I'm having to work hard not to over-react to every little thing now (and failing miserably!) - really hard when I can't see where this will end, or how difficult the tenants might become.

LA has repeated his request for permission to access the property, so we'll see what happens.

Audrey_Wright

I suggest you go and consult with a legal professional. Bring to them all evidence and documents and let them have a good go on them.
They will be able to suggest the best possible solutions for you and the best course of action.
Yes, you might spend some money, but this tenants sounds like he's not doing this for the first time and will utilize any loops and backdoors to the contract and law.
Having to deal with this yourself might cost you a lot more money if you don't step carefully and wisely.

thequant

Audrey_Wright wrote: »

I suggest you go and consult with a legal professional. Bring to them all evidence and documents and let them have a good go on them.
They will be able to suggest the best possible solutions for you and the best course of action.
Yes, you might spend some money, but this tenants sounds like he's not doing this for the first time and will utilize any loops and backdoors to the contract and law.
Having to deal with this yourself might cost you a lot more money if you don't step carefully and wisely.

The only problem is that legal costs are unrecoverable in small claims, which is one of the things these people rely on as they it is uneconomical for the uninformed to pursue them.


Website like CAG are quite usefull if you want to undertake legal legwork yourself.

G_M

Establish if tenants have acually denied entry, or not responded.

If not responded, I would go in with a contractor to look at the roof. You (your agent) have given 24+ hours notice of intention to enter for maintenance (in writing I hope - check!) and received no response, so entry for essential repairs is fully justified.

If they have responded denying entry you have a bigger problem. I would seek a court order for access for emergency/essential repairs. A court would almost certainly grant this unless the lying toe-rags turn up with a c*ck&bull story of some kind which the court believes......

But you need to ger a clear handle on what your agent has done exactly, how, and when (get copies of letters they sent the tenants etc so you are sure), as well as copies /full details of tenant responses.

tumbledowngirl

G_M wrote: »

Establish if tenants have acually denied entry, or not responded.

If not responded, I would go in with a contractor to look at the roof. You (your agent) have given 24+ hours notice of intention to enter for maintenance (in writing I hope - check!) and received no response, so entry for essential repairs is fully justified.

If they have responded denying entry you have a bigger problem. I would seek a court order for access for emergency/essential repairs. A court would almost certainly grant this unless the lying toe-rags turn up with a c*ck&bull story of some kind which the court believes......

But you need to ger a clear handle on what your agent has done exactly, how, and when (get copies of letters they sent the tenants etc so you are sure), as well as copies /full details of tenant responses.

Do emails count as "in writing" in this situation?

I know our LA sent another email to the tenant at his work yesterday, asking for permission to access (but not stating why), because the LA forwarded it to me.
Is this sufficient? Or if we aren't getting any response do we now need to send a letter, stating the same and our intention to enter after 24 hours of receipt (based on 1st class post)?

RAS

In writing means pen and paper. By all means send a copy by e-mail as well but it needs to be pen and paper.

Either hand deliver and photograph delivery with copy of the day's paper or send two copies from different post offices and get free certficates of posting, to both known addresses. That meets the legal requirement if it goes to court.