Problem tenant

JennyP

Thank you all for your really helpful advice.
The letting agent went round last night. The two girls there had no idea that they shouldn't be there or what the true situation was. They were paying rent to my tenant assuming she was the landlord. They seem very respectable, have decent jobs and were shocked about it all.
They've said that I can go and talk to them at 6 o'clock on Sunday.
I'm hoping they'll agree to leave voluntarily although if they are nice, I'm quite happy to let to them properly on a new AST, but of course the old one has to be brought to an end first.
My boyfriend did speak to some solicitors yesterday (I was too overwrought) but they seem to say different things which is confusing. I think the problem is serving any sort of notice on someone who is apparently in China, who we've been told is not being allowed back into this country and for whom we have no valid contact details other than a hotmail address which she doesn't answer.
Her former employers - a phone accessories shop in London - are now denying that she ever worked there after admitting on Thursday that she did. They now say they've never heard of her and that they don't keep records of employees.

subjecttocontract

The two normal methods employed by landlords to help in this situation are:
1. Rent gaurantee insurance .....costs about £50 per 6 month AST.
2. Gaurantor....obtaining a home owning person to pay any rent shortfall.

Presumably you have neither ?

Looks like it could be a long drawn out court matter.

caringa

Best of luck with sorting this one out. We are landlords and try to be fair and considerate but had problems yesterday with three different tenants, one of whom said we were harrassing them by phone - could be something to do with the fact that they never answer it! Makes you wonder if its worth it for very little return and lots of sleepless nights!!

clutton_2

Dump your current agent. Assume the property has been abandoned by your ex tenant. Write a statement with everything you have told us in the last post - head it "Statutory Declaration" - take it to a solicitor and for £5 you can have it "sworn". This will be your evidence if old tenant ever turns up. Change the locks. Put a notice in the window "any one wanting legal access to this property phone ...." Leave it there for 2 weeks. Get current girls to fill in Tenants application forms from https://www.landlordzone.co.uk - get them redit-checked/referenced - you can do it all yourself - and then make current girls move out for one night to mates house - draw up new AST for 6 months - take a months rent as a deposit - set up standing order for rent from new tenants ONLY if you think they are suitable.

If you dont think they are suitable - then you need further legal advice as to how to get them out - do you have a Free Legal helpline on your home insurance policy ? if so ring up and ask

good luck

chappers

Even better get the girls to swear an affidavit to the effect that your tenant has taken rent from them and told them she was leaving the country and pretended to be the landlord.
You will have a clear case for subletting and assuming you have a no subletting clause in the tenancy agreement then she is in breech of contract. It sounds unlikely you are not going to hear from her again, what are the arrangements she has made with the girls with regards to how they are paying the "rent" to your tennant.
Just jumping forward to 6pm Sunday evening, I wouldn't be surprised if you turn up to find them gone as well.
If not and all seems ok with them then do as Clutton says, write off your one months rent, take a deposit and one months rent from them draw up a new tenancy with them.
If you have any suspicion about them then ask them to leave and if they refuse then it's a squatters type eviction you will have to go through.
Alternatively wait until they are out go round and change the locks and leave a notice to contact you to recover their possesions, not strictly legal but once they are out the court will have very little sympathy for them, if they even have the nerve to go down that route.
I
f they are still there you need to speak to them and find out their intentions if they want to stay and are willing to meet your criteria i.e deposits, rent up front, new contract then tell them you need to find out your legal position and you will get back to them.
You then need to get some proper legal advice with regards to your current tenants position and take it from there, tell them this is what you are going to do.
If they don't agree to leave then you also need to take some proper legal advice with regards to repossesion and tell them there and then this is what yopu are going to do.
Either way at this stage do not at anytime say it's ok you can stay until you sort yourselves out.

ms_newbie

Did agent take a deposit? If so can this be used to cover the missed rent if there is no other way of getting it back?

tbs624

Jenny - my suggestion would be to tread carefully with this one. Please get legal advice from someone who specialises in Landlord & Tenant Law- don't "bend" the rules as someone else has suggested.

IMO the tenant is clearly in the wrong but you, as landlord, still need to keep on the right side of the law so that you don't leave yourself open to a criminal charge under the Protection from Eviction Act 1977 and/or an action for civil damages. My understanding is that, as things stands at the moment, she still has a legal tenancy, despite not paying rent,so can return to the property at any time up until you regaining legal possession or expiry of the Fixed Term, however unlikely this may seem. You as a Landlord also have to safeguard any possessions belonging to the original tenant & left at the property for a "reasonable" period of time: Torts (Interference with Goods) Act 1977.:(

AFAIAA you can only go in and change locks etc if there are witness statements indicating that there is clear abandonment, the property is empty, has been left insecure and/or there is a danger to neighbours or your property from unattended appliances within the property and then you have to leave a notice telling the tenant that they may obtain a spare key from you.

Your situation is clearly made more difficult by the presence of the other 2 girls. You could contact your local authority private tenancies officer for advice, as any witness you have to any action you take should be independent. I would also contact the Police because this is not just a civil matter between Landlord and Tenant, if your original tenant has been obtaining money under false pretences.

I would be tempted to serve Notice on the other 2 girls as well, and then start afresh with properly referenced & credit checked new tenants.

As Clutton says, you need to get rid of your current Letting Agent, and and I would write to whichever professional association they belong to, highlighting their inadequacies, afetr checking through the contract you have with them. Join a local landords' association ( or a national one, some local ones are affiliated anyway). Sorry that you're having such a raw deal at the moment, but do keep it legal. Whatever your tenant has or has not done, you don't need a local reputation for tenant harrassment or illegal eviction.

JennyP

It turned out to be four other girls, all of whom are actually nice - though somewhat silly as they had handed over rent and deposit to this woman but got no paperwork in return.
They have all agreed to leave voluntarily and I have found an excellent solicitor and handed over the matter.
At one point, there were SIX people living in my flat! I can't believe the nerve of some people.
I have been very, very careful not to do anything illegal like changing locks, entering the property without permission and so on. It does make you want to stoop to those depths though - the fact it all takes SO long to sort out legitimately and costs me time and money even though I've done nothing wrong.
Anyone know a good criminal lawyer? The things I'd like to do to that letting agent....!

tbs624

Glad to hear things are moving forward Jenny.

One of the problems is that there is no regulation governing Letting Agents - AFAIAA anyone can set themselves up as one, without any form of training or particular expertise. There is a Code of Conduct that some are obliged to abide by if they (or a director of the firm) are members of NAEA or the Ombudsman for Estate
Agents (OEA) Scheme for lettings. If you've seen any indication in your former LA's paperwork that they are Members, give that one to the Solicitor as well.

Good luck with your future tenancies.