Here is a question to the blog clinic from Sally (not her real name) who is a tenant.
I’ve recently rented a property (1bedroom flat) I found on gumtree. I paid full rent and deposit (in cash), signed tenancy, collected keys and on my move in date, I found another couple on the property.
Basically, the “Landlord”, who’s a long-term council tenant had fraudulently rented the property to 3 different people simultaneously. He’s currently turned himself into the police.
The council have asked us to vacate the flat, the other couple have as they’re more well-off than I am; I’ve stayed put. What can I do in this matter? Thanks
Answer
This is a typical example of the sort of thing which can happen and is why tenants need to be really careful who they rent from.
However, if your landlord is the actual Council tenant, and if the other people have moved out, then you may be able to stay there for a short while. As between yourself and the landlord, there is a valid tenancy. However, as he granted it to you in breach of his own terms and conditions, this tenancy will not be binding upon the Council.
It may take them a while to get a possession order through the courts though, so this may allow you a period of time to look around to find somewhere else. Or you may be able to reach an agreement with the Council to stay for a limited period of time as this is not your fault and you have acted in good faith. And of course, you have nowhere else to live.
Long term however you will not be able to stay there.
Scams Guidance
To help you and others avoid scams, here is some guidance issued by the NLA in conjunction with the NAS and the National Crime Agency:
1. Do not send money up front to anyone advertising online, make sure they are genuine first and view the property if you can;
2. Beware if you are asked to wire any money via a money transfer service, criminals can use details from the receipt to withdraw money from another location;
3. To use only government approved deposit schemes;
4. Contact the organisations the landlord claims to be associated with in order to verify their status. Tenants wanting to check whether a prospective landlord is a member of the NLA or accredited should ask them for their membership number, then go to landlords.org.uk/member-verification;
5. Overseas applicants needing to secure accommodation before they arrive in the UK should first seek the help of the employer or university they are coming to;
6. Get paperwork and proof: ask for a copy of the tenancy agreement or safety certificates to confirm that the “landlord” has a genuine legal connection with property.
The council will serve a NTQ, not a s83 notice, which is the council equivalent of a s8.but they can also ask Sally for ‘Use and occupation charges’ (not rent) while they go through the possession procedure, which will probably take a few months from service of notice to possession, plus I would imagine they will be prosecuting their tenant under the Social Housing Fraud Act 2015 and Sally may be needed as a witness.
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Having a tenancy agreement sent through does not help, especially if you’re overseas and haven’t been able to view the property. The scammers are very good at sending fake contracts that look convincing to the unwary. Not to mention impressive-looking fake Land Registry documents claiming to confirm the property exists and the ‘landlord’ is allowed to let.
Do a viewing, get the full address details at the viewing, and then spend the £3 to do your own Land Registry search and check the ‘landlord’ is the registered owner. If Sally had done that she would have been alerted to the fact it’s still a council property.
Yep. I’ve even seen a couple of fake bailiff’s warrants and possession orders, not to mention fake gas safety certificates.Plus most dodgy agents have stickers in their windows for ARLA, property Ombudsman etc. The NLA and NCA guidance currently doing the rounds is well intentioned but a bit Midsunner Murders when put up against the real fraudlulent activities out there.
Also, I have, on one occasion, been asked to prove I was the NLA accredited landlord I claim to be, and also that I did have license to rent the property. A good landlord will never mind providing any evidence the prospective tenant wishes to see to prove they are entitled to rent the property. I just wish more tenants would ask the same.