Landlord's relative masquerades as agent

[Tia]

I'm stuck in a crazy situation in which I rented a property belonging to my father out to a tenant in 2000. She has lived at the property uninteruppted since.

During 2001 a third party (Mr X) assumed posession of the property and began to recieve the rents for the tenant. I was informed that no rent had been recieved. The tenant was later forced to sign another tenancy agreement in favour of the relative. Neither I nor my father was not informed of this.

The tenant was under the impression and was informed that the Mr X had been acting on my behalf all the time.

I have now been told that the Mr X assuming the Landlords position has served a notice on the tenant to vacate the property.

My Father is away at present -what do I do? Is it a Police matter? How do I gain occupation and take Mr X's hold of the property?

Sorry folks I know this is a tough one but help would be so much appreciated.

[jonblair123]

During 2001 a third party (Mr X) assumed posession of the property and began to recieve the rents for the tenant. I was informed that no rent had been recieved. The tenant was later forced to sign another tenancy agreement in favour of the relative. Neither I nor my father was not informed of this.

.

Whereas I have no advice to offer, can you clarify the following:
1. Is Mr X a relative?
2. The first tenancy agreement that was signed, who was the landlord?
3. Does your father know of the situation and does he condone it or object to it?

This one may be a family problem.

[Tia]

Crazy Situation !!

Thanks Jon.

Yeah the Mr X is aq relative that has appeared after many years away. I signed the original Tenancy agreement and it was an AST.

My father has acted like it is between us both and chooses to keep out. I would have not bothered if it were not for the fact that I had spent much money on the place to get it ready for Letting.

It seems like Mr X was waiting to just take over once the property was renovated and Let.

Surely there must be somethng I can do?

Can anyone still help?

[jonblair123]

Thanks Jon.

Yeah the Mr X is aq relative that has appeared after many years away. I signed the original Tenancy agreement and it was an AST.

My father has acted like it is between us both and chooses to keep out. I would have not bothered if it were not for the fact that I had spent much money on the place to get it ready for Letting.

It seems like Mr X was waiting to just take over once the property was renovated and Let.

Surely there must be somethng I can do?

Can anyone still help?

I should think, your father will have to come off the fence and d4ecide which one of you is to act on his behalf. Before even considering any legal action, which would no doubt be costly for all parties, settle this within the family. Your father surely ought to atleast compensate you for the money you spent. As for evicting the tenant, which is what I presume the whole family wants to do, as no rent is being paid, I suggest everyone be sensible about this, co-operate with each other and agree on who the landlord is to be. To keep things as simple as possible, I think the eviction procedure should be entered into by the current signatory of the current agreement, else the court could be mired in lengthy determination. Your father woukd have to give his consent to this as the property owner, and you will have to accept this situation. The last thing you want is a dispute in court as to which tenancy agreement is the valid one and who the landlord is. Could drag on for years, and all the time the tenant is inplace, not paying any rent yet demanding the dripping tap be mended! If you take my advice, give this one up. If your father compensates you, well and good. If not, forget it.

[Tia]

Thanks for that advice Jon.

It still leaves me in a bad situation. I was thinking of something to to to make my claim stronger. Can I not get the tenant to sighn another agreement in my favour then Mr X can apply to decide which tenancy agreement is valid?

I feel like Im stuck!!

[jonblair123]

Thanks for that advice Jon.

It still leaves me in a bad situation. I was thinking of something to to to make my claim stronger. Can I not get the tenant to sighn another agreement in my favour then Mr X can apply to decide which tenancy agreement is valid?

I feel like Im stuck!!

I cant give any advice on how you deal with this. All I can say is that keep the uncertainty of who the landlord is out of the limelight at all costs. Any whiff of that and I think the tenant will be the winner. I know it must be painful for you, though I dont know what your bad situation is, I can take your word for it, but I would still advise you to forget it if you can, move on, give it up as a bad job. Avoid legal wrangles if at all possible. It seems a complicated afair, and where your father is dithering, though I dont know what state he is in, makes the problem worse.

[observer]

Legal interest

It seems to me that as your father owns the property he is the landlord and you or Mr X have no legal interest in the property unless either has power of attorney which from what you say i doubt.
This could make any rental posession claim very difficult or imposssible so however you sort this situation with Mr X you need to get the legal issue resolved.
also if you didn't recieve rent for 5 years why didn't you try to evict?

[RichieP]

Another point to consider. Is it Mr X teling you the rent isn't being paid, or do you know that for a fact? You may end up trying to evict a tenant who is paying MR X, who isn't being entirely truthful.

[Tia]

Thanks

I'm still deciding what to do about the whole thing.

Thanks for the advice guys.

[Ericthelobster]

I echo what observer says.

It's certainly a weird one - would help if you could provide more details I think. You're posting anonymously so I don't think you need to be too coy about giving more info.