Fake reference given, possession being sought! Any help?

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    Fake reference given, possession being sought! Any help?

    Hi

    Does anyone know about the legal standing for a tenant that gave a fake reference?

    The tenant is in arrears and the court is booked for the repossession hearing. It since turns out that the old landlord used as a reference was in fact not so. The information provided about length of tenancy was incorrect and amount of rent paid. The previous agent also gave her notice to leave; I'm waiting to find out if it was for rent arrears also.

    My tenant also has a boyfriend living with her now and it may be possible that he has over stayed his visa- any recommendations about what to do here? He was very keen to not go to court when I asked him for his full name. (He's not on the tenancy agreement).

    Any help would be appreciated please.

    #2
    If the boyfriend is not on the Tenancy then his details are irrelevant. He will be classed as a guest of the tenant and evicted along with the tenant.

    Assuming you've served a valid S8 (for the arrears) then follow the court protocols.
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.

    Comment


      #3
      It's a shame you didn't include Ground 17 in your action as that would have been an extra string to your bow. I hope you included Grounds 10 & 11 in addtion to Ground 8 just in case the arrears are reduced below the 2 months level at the hearing.

      If you suspect the boyfriend is an illegal immigrant then you could contact the immigration authorities or perhaps plod
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        Fake reference given, possession being sought! Any help?

        Hi
        Thanks for your replies.

        I couldn't add Ground 17 as I have only just found out.

        I hope that I followed all the procedures correctly. She was late paying first of all, then she missed a payment I gave her an extension and another and then still nothing. She missed the next payment and I gave her a notice to quit and vacate the property and asked for the outstanding money owed.

        The tenant has now stayed beyond the date of notice served to her and owes 3 months rent. It will be 4 by the time it goes to court, so she will be getting even longer there (for free).

        She has made no attempt to repay anything. She is out of the 6 months of the Assured Shorthold Tenancy Agreement- these six months were fine but staright after the problems started.

        I have applied to small claims court for repayment of the first 2 months' rent assuming she would move out when requested, and she didn't even fill out her form properly. (So I sent it back for a court judgement).

        She has a child so would that impact on the speed at which the possession order is granted? I can't afford to have her there with no rent as it pays my rent!

        Should I get legal advice? or sit tight and wait?

        Comment


          #5
          In my experience the fake reference will make no difference whatsoever - put it down to experience
          Unshackled by the chains of idle vanity, A modest manatee, that's me

          Comment


            #6
            You can apply to the court to add ground 17 - but if you have ground 8 and hat remains applicable then it will be sufficient.

            Comment


              #7
              Originally posted by islandgirl View Post
              In my experience the fake reference will make no difference whatsoever - put it down to experience
              Agreed. In my experience of chasing ex-tenants for money owed, I've been able to provide proof to a judge that a defendant had lied through his teeth when declaring his incomings and outgoings; not only was the judge not unduly bothered by this (I'd imagined at least life imprisonment for perjury would be in the offing), it didn't even make an awful lot of difference to the amount of the monthly earnings attachments he awarded me.

              Comment


                #8
                I believe providing false refs is tantamount to fraud/obtaining goods or services by deception, questioning Ts honesty, but onus of proof would be on current LL
                Here we have a clear breach of s8 based on overdue rent. T has not been renting free gratis since they are liable for rent etc until legal eviction. It would be for LL to pursue recovery.

                Comment


                  #9
                  But the problem is Mariner that noone gives two hoots about it, especially the legal system. What it should be and what it is are two totally different things...
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

                  Comment


                    #10
                    What's the point of taking references, and not checking them?
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      Fake reference given, possession being sought! Any help?

                      The plot thickens...

                      I have found out that she missed 3 months' rent in the last flat she lived in. She left without telling the estate agents. My agency had written to the fake landlord so obviously this wasn't highlighted.

                      I think that she is probably going to try and do a runner again. If she is expected to attend court but doesn't show what happens then?

                      I've also discovered that as the agency did a credit check, they used a different address, she lived at no 10A, she filled out No10 on everything and that is what the Call Credit document says. Do I have comeback with the agency doing such a rubbish job?

                      Her old council tax demand shows that she received Council Tax benefit, does this mean she is prob on housing benefit too?

                      Will the court give her weeks to find somewhere else to live or boot her out in a reasonable time period?

                      Cheers

                      Comment


                        #12
                        Originally posted by KittyCat1 View Post
                        I think that she is probably going to try and do a runner again. If she is expected to attend court but doesn't show what happens then?
                        She won't be obliged to attend... in my experience they frequently don't - notably when they are in arrears and doing that head-in-the-sand thing. The judge will make his own view from that, and will be more likely to find in your favour.

                        I've also discovered that as the agency did a credit check, they used a different address, she lived at no 10A, she filled out No10 on everything and that is what the Call Credit document says. Do I have comeback with the agency doing such a rubbish job?
                        Well - if the address is wrong, it's wrong; and there should have been no record of the person living at No 10 at all; which should have been flagged in the credit check - it would appear the same as if a totally fake address had been given. Does that match up with the reality?

                        Comment


                          #13
                          Hi thanks for reply.

                          The call credit doc said that there was no record of the person at this address. But obviously the people at the estate agents were over whelmed with getting a tenant, they didn't check it properly.

                          I paid for tenant finding, where they are supposed to check all this stuff?! Smtg like £300! They have now transferred all of the customers that they had to an alternative company and the new company provided me with a copy of the documentation once I requested it. The estate agents that did the finding do still operate but only do the manager's portfolio of properties.

                          Is it my fault for trusting them to do their job properly?

                          I've got the CCJ stating she is going to pay 2 months' arrears at £100 per month; would I have to use a tracing company if she disappears?
                          Cheers

                          Comment


                            #14
                            Was the company you used as a letting agent a limited company or a sole trader?

                            With regard to enforcement of the debt - if she does a runner then yes you have to tell the bailiffs or whomever where to go.

                            Comment


                              #15
                              Hi

                              The company used has Ltd on their documentation.

                              They are still offering their services on their website for managing and letting properties!

                              Thanks

                              Comment

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