Stranger in my apartment. Police say they can't do anything!?

Pythagorous

I had a nightmare tenant who had been continually late paying rent then stopped altogether. I decided to cut my losses and arranged for what I thought was an amicable handover of keys. Turned up at apartment on key handover date to find someone else living there. Place not being looked after either etc. Police come round. Transpires previous tenant had somehow to let the apartment out to this new individual's company (presumably pretending to be the owner) and taken 6 months upfront rent. Previous tenant can't be contacted or found. Fella living there has just come over from abroad and as far as he is concerned his company organised this apartment for him so won't move out. Police say they can't do anything even though he is there under fraudulent circumstances.

Help! Any advice!!??

BitterAndTwisted

Section 21 Notice. Court for possession.

The occupant having been swindled by the tenant is not your concern as you haven't entered into a contract with the occupant.

theartfullodger

a) Do not accept £££ from this new person: If you do that will create a new tenancy - AST, can't use s21 for 6 months...
b) As your tenant is no longer living there your tenant's tenancy is no longer an AST: (he is still liable for rent etc etc..). So S21 & s8 don;t apply: You need to use a different procedure to evict "your tenant". I've a feeling in some circumstances that after evicting "your tenant" the new guy may become "your new tenant" on the terms he agreed with the "old your tenant".

Would advise you speak to your landlord association helpline: If not a member might be worth joining, or talk to a solicitor expert in no-longer-AST tenancies.. (ie not your average high-street chap, fine though they may be).

Pythagorous

Thanks both. Crazy system in terms of rights etc :-(

BitterAndTwisted

I'm not surprised that the police wouldn't get involved and help you remove the occupant. This is a civil matter, not a criminal one. Except where your ex-tenant is concerned, he's committed fraud against your occupant but I'm not certain what recourse you may have against him.

As he didn't grant you vacant possession I would consider that the obligation to pay you the rent is still ongoing. How you find him however is another question entirely.

As Artful has suggested I think you need to sign up to a landlords association double-quick and seek their advice.

theartfullodger

In your shoes I would DEFINITELY grass your tenant up to the council and HMRC..

Council in case he's in receipt of any benefits (eh HB/LHA..) or after council housing... Try housing dept: (NB there may be a "who is liable for council tax" issue...)

HMRC as the rent he receives should be declared to HMRC for income tax to be paid: This works, I did it! See....
http://www.hmrc.gov.uk/reportingfraud/

StumpyPumpy

You may need to lawyer up, definitely worth getting some "official" advice, Landlord Assoc etc.

Have you spoken to "this individual's company"? ie the people who made the deal? I'd expect any decent company to be horrified by the situation and rectify it pretty quicky (ie move person out pdq) They may not be decent, but it would be my first port of call.

SP

pmlindyloo

This is what Shelter has to say on sub tenants.

http://england.shelter.org.uk/get_advice/sharing_and_subletting/subtenants

It might be sensible to give them a call.

Bart1

Got any big mates with baseball bats?

carefullycautious

Surely if you have no contract with this stranger you can remove him and his stuff and change the locks?


The original tenancy is with the first tenant but then again how does that work if the tenancy is still ongoing.


Confusing or what?

Kynthia

carefullycautious wrote: »

Surely if you have no contract with this stranger you can remove him and his stuff and change the locks?


The original tenancy is with the first tenant but then again how does that work if the tenancy is still ongoing.


Confusing or what?

I wouldn't recomend illegally evicting this tenant if you don't want to be arrested and/or sued. I think getting advice from a landlord association or a solicitor recomended by them is your best bet.