UK Landlord Forum / Life

I've been duped. I rented my house to tenants, they paid deposit, first month and second month rent through an agent. i took out rental insurance and protected the deposit.

After failing to pay 2 months rent, i returned from abroad to deal with lack of response. it turns out new people are living their, they took out agreement with someone who is fake. Police have been involved and they now advise to seek legal recompense to evict these tenants. I dont know if it was tenants who acted as landlords or someone else but the relaity is that someone had genuine keys to the house.

These new tenants are on social benefits, council has advised them to remain until they are evicted.

Insurance wont deal with it because their cover only covers evicting genuine tenants.

These people are not squatters because police claim they were given keys to the house and did not break in.

It seems I have been let down by the tenant, agent and insurance company.

the new tenant is prepared to enter into new agreement with me subject to council agreeing benefits. This can go on for a while.

In the menatime, i am paying mortagage, facing unbearable stress and dont know which way to turn.

Please help, should i sign new agreement with tenants, give them notice, raise court order (which one etc)?

Any advise greatfully received.

regards

Hi Saj,

IMO i'd suggest creating a new tenancy with the tenants living in the property (6 months if possible) or 12 with a 6 month break.  At least this way you may start receiving some rent in to ease the pain.

Depending on how they get on, let the tenancy continue or serve notice as soon as you can to get the property back and re let (if this is a logical step to take for you, more rent, better tenants etc - though i'm not saying because they are on HB they wont be good tenants/people)

Also contact the deposit scheme and advise your tenants absconded, provide a date that they are liable to rent up till, detail any arrears etc and follow the terms in the specific scheme for absent tenants deposits.

Good luck

Call the Gas and electric utility supplier. Let them know that their utility is been consumed and you are not liable to pay. otherwise you may get hit for the current occupants bill.
The suppliers wont disconnect but may install a card meter, at least this way you have covered yourself from any recourse from the suppliers.
Also suggest you go for the new contract with them on a short term lease, this way you at least get landlord powers back!
Hope this assists.

Hello Saj,

I tend to agree with WayneT.  If you took the adversarial route, it could take a long time and lots of money.  It's unusual circumstances and these always cost.

If you normalise the new occupiers by giving them a six month (initial) tenancy then you should get the rent paid.  And they might turn out to be great tenants.  Your story implies they're just as innocent in this scam as you are, why make their lives any worse?

If they do turn out to be awful tenants then you can evict them from a "normalised" position by just using a standard Section 21 or 8 notice because they are a tenant.

If you do decide to offer a tenancy then make sure you are crystal clear about the deposit whihc they probably paid to thephony landlord.  It's a new tenancy, starting now (not from when they first moved in) and the deposit paid to you is £x.  You do not want to get embroiled in the return of the original deposit whihc no-one will ever see again.

Hope this helps.  Pleas let us know what you decide.