Letting agent allowed tenant in but no rent/Agreement

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    Letting agent allowed tenant in but no rent/Agreement

    I have so-called tenants moving in my house without lease and money as agent was not available to get signature/money, I was not aware keys were exchanged without these vital issues until after they moved in, now they do not pay rents, they refuse signing lease 4 times and demanding assured tenancy agreement . They started using my name ordering maintenance without me knowing. Police wont take any notice as they said tenants did not obtain my name illegally. Can somebody advise what is the next step,as solicitors cannot do anything without signed lease they said. The only way out is to get assured tenancy with these.

    #2
    Someone may advise differently (and better) but if they haven't signed a lease agreement and haven't paid any money, then they are presumably squatters.

    When they go out, I think you can enter and change the locks. Put their belongings in communal area/outside.

    Comment


      #3
      Originally posted by thevaliant View Post
      Someone may advise differently (and better) but if they haven't signed a lease agreement and haven't paid any money, then they are presumably squatters.
      Exactly. But so those more learned than us can advise :-

      We assume they have paid NO money at all, no one months rent in advance, no deposit, zilch / zero ? and have signed nothing at all ?
      But you say "now they do not pay rents" - so does that mean they "did" initialy pay rent ?

      ** If they did initialy pay rent, then ignor A + B below and await better advice.

      Then I for one would :- ( get the story right from the agents first )

      A) Be going and screaming at the agents for giving out keys, and demanding the agents get the buggers out.
      You could argue in a court, if it come to that, that they were given the keys to inspect the property one last time, before signing, but decided to "steal" the accomodation from you.

      B) - If you don't mind confrontation, as they have no legal right to be there, and are just "visitors", - change the locks before they do. ( But when they are out, of course, with appropriate notice by letter to front door or you being present when they return )

      But see comment at **

      you say "The only way out is to get assured tenancy with these", , but if they are not paying rent now, what makes you think they will pay rent in future ?

      Comment


        #4
        A tenancy not at a rent is outside 1988 Act: see paragraph 3 in Schedule 1 to Act.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Thank you for your advice (to everybody) . I already asked lawyer in Scotland to evict them as squatters but they advised this was not the case as agent agreed to let my house even without lease. (They have not paid a penny to date)
          So my thought is to take them to a court or claim money based on "contractual agreement, or gentlemen's handshake" he and agent made in the first place. Do you think Judge can be pursuaded !!

          Comment


            #6
            Originally posted by doraemonh View Post
            agent agreed to let my house even without lease
            Then sue the agent for the money, as the Agent agreed to the problem you have now, so the agent is responsible.

            I know this is not feasable, but the agent promised you rent for your house, and they promised to secured a deposit and first months rent, which they did not. They have not provided the service for which you employed them, therefore you should not pay them one penny either.

            All costs for you to solve this prombem will be chargeable to the agent ( Tell them that )
            Also, if tenants are not paying rent, will they not pay gas and electric ?

            But as we in England are not conversant with the Scotish rules and acts - which are different, not many of us can advise on legal matters.

            Still go screaming to the agents. make a scene, what can they do -- withhold the rent ????????????????

            Make sure they are not getting housing benefits, because if that's what they plan to do, inform council straight away, and say they are not paying rent ( difficult to find out if they are in receipt of or have applied ) and here, their total benefit is stopped. -- just a thought.

            Good luck in this terrible suituation.

            Comment


              #7
              Originally posted by doraemonh View Post
              Thank you for your advice (to everybody) . I already asked lawyer in Scotland to evict them as squatters but they advised this was not the case as agent agreed to let my house even without lease. (They have not paid a penny to date)
              So my thought is to take them to a court or claim money based on "contractual agreement, or gentlemen's handshake" he and agent made in the first place. Do you think Judge can be pursuaded !!
              Aha- so it's in Scotland? You didn't tell us that! If so, my previous comments re 1988 Act (and everyone else's) do not apply.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #8
                Seek more legal advice

                Originally posted by doraemonh View Post
                Anybody know lawyer in Scotland there to take them instead of telling me to sign the lease with them after all this problem ?? Help!!
                Seek more legal advice is all we can say..
                Unfortunately, it is going to cost you money to get these people out.

                If solicitors in Scotland can't resolve this, then members on here can not.

                Write to all the utilites and say not to supply you, as you have squatters in your house, and to turn off Gas oil and electricity. ( you can cover your self by saying next door reported smell of gass, or burning smell from boiler. Ask for a pre-pay electric meter.)

                Or tell utilities you have, of want of a better word, tenants - their name, and that THEY are responsible for any bills, and not you. Cancel all utilites if you can ( Tenants here in england are responsible for gas, oil, electric, so you are within your rights to not pay for utilities, and cancel your agreements with them ).

                And again, Sue the agents, as it is they that handed over the keys without a signed tenancy or deposit or rent.

                -- Pity you don't know Rent-a-Heavy, and you can just physicaly remove them, as that's what i would do, then suffer the consequences, but sue the agents today.

                Are they out at work during the day, if so, go pull wires off the boiler so it doesn't work, cut fuses if you have old style electric fuse boxes, even remove fuse holders etc etc etc. ( Of course it wasn't you if fuses blow !!! or boiler decides not to work )
                You asked for help, but if solicitors can do nothing !!!! ( I do not advocate breaking the law, but what options do you have )

                Yes, my comments on these posts seem "bad", but when the law favours the guilty !!

                Comment


                  #9
                  Thank you

                  Thank you for your support and a lot of advice.
                  1) Utility- their responsibility to pay.

                  2) Council tax - I was paying holiday 2nd home tax as I was not sure if I should transfer this to tenants, they changed occupants names to themselves using lease entry date of 20Jan in the offered lease which they declined to sign!!

                  3) Maintenance - if I ever do something to the house, they use my name and address again to order services, their invoice will land on my doorstep again. (You cannot imagine what people can do to other people, beyond belief)

                  They take me as easy target as woman and non English who even do not understand very well what Scottish Housing act 88 indicates tenants position. They are very professional , probably doing this in the past where they came from.


                  I am taking some action w/in the next a week or so , will keep in touch .
                  Good luck to me!

                  Thanks Dora.

                  Comment

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