UK Landlord Forum / Life

Hello everyone,
I had a tenant who used a fake landlord reference to move into my flat. I used a lettings agency to find the tenant and do the usual reference checks etc. We stipulated "no pets, no smoking and no DSS.

The agency found a tenent that needed to move quickly as she had split up with her boyfriend. Three days after moving in the tenant informed us that as she was on benefits she wont be paying us the rent. She was claiming housing benefit that she did not pass onto us. We needed to contact the housing benefit office to get the money. The tenant then went to the HBO and said she had moved out, left it three days and started making a fresh claim, which she again withheld from us.

We conacted the lettings agent who denies any responcibility. When we asked to see the references they refused using the data protection act as an excuse. I needed to get a court order to see the references.

The landlords reference had no address on it and was unsigned. When Ic hecked the land registery we discovered that her real previous landlord was not the name on the reference. Having checked the name on the reference we discovered that he and our tenant were involved in a land fraud scam and had their company wound up "in the public interest".

Since I have discovered this within twenty four hours of getting the references, I am assuming that the lettings agency should have as well. Since they didn't, and they were under a duty of care to do so, should I siue(?) the agency for the lost rent and compemnsation. This tenant has caused my wife to get depression.

We issued a section 8 against the tenant and after three court hearings and one year later we won the case and was awarded £4000. The tenant refused to give the judge her new address. The judge found the tenant to be "Dishonest and deceiptful from the start and had deliberately set out to set up the landlord from the off".

Thank for your wisdom.