Fake agents scamming landlords and tenants

Fake agents scamming landlords and tenants

10:30 AM, 23rd November 2018, About 6 years ago 33

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I am a private landlord and have always managed my property and tenants’ needs. I have always been a good and fair landlord.

In September I advertised my 3 bedroom flat on flatshare website. I was advertising the property to be let as a whole with a single 1 year AST ( joint tenancy for 3 sharers). I received an enquiry from an agent saying that they were looking for a property similar to mine for one of their corporate clients for a 2 year contract. They said that they were only looking to arrange a viewing for this client. They also said that they would add their own introduction commission onto my required rent.

Despite my reservations about dealing with agents I agreed on a viewing. The agent arranged for a member of staff of the IT company interested in renting to come and view the property. The person who came said that he was a PA to the owner of the IT company and was viewing properties on behalf of his boss and reporting back. He really liked the property and reported it back to his company. The next day the agent phoned me relay that the IT company was interested to rent the flat and wanted to put an offer in for immediate start. The agent said that they had already undertaken a reference on the company, because of another property they had missed out on.

I agreed on a 2 year contract with the IT company arranged by the agent. The agents sent me an e-contract to check and sign if I was happy. I signed and emailed it to the agent. The agent got this signed by the IT company boss and the agent also signs it and sent the completed (fully signed) Company Let tenancy agreement – let and managed by the agent for the 2 year duration of the agreement.

They said that agency would charge its fees from the 24 months tenancy in 4 equal 6 monthly fees. The first installment would be deduced from the first month rent paid by her client. So she transferred the balance of the first month rent to my bank account. She said for the following month I would be sent the full rent. She said that the deposit would be held by the agent and secured by a deposit protection scheme. Once the cleared funds were received I met the IT company staff member (the same person who had viewed the flat to handover the keys and do and inventory check. He signed the inventory list and I handed over the keys and left.

After 1 month I did not receive the second month rent as expected. I made phone calls to the agent (mobile number) – no reply. I had never met the agent.

Soon after that I receive an email from sparerooms that they believe that the agency was fake and that they had reports that scamming landlords and tenants. I went to my flat and discovered that the 3 rooms were rented out separately on the sparerooms website. These people were not the IT COMPANY STAFF!

I could not contact the lady from the agency I had negotiated the contract with- no answer! I had the phone number of the chap I handed the keys to. He answered and eventually owned up the he never worked for the IT company – which was a factitious company with a fake website. He said that Penny had asked him to work for her to show other potential tenants to my flat and she spoke to the individual tenants and signed them up individually on an AST. She took their deposit and up to 3 months rent (because they were from abroad). A month into their contract they have not received and deposit protection certificate and are panicking. They have all reported it to sparerooms.

In Summary My situation is as follows:

I have 3 tenants living in my property who have individual tenancy agreements with the fake agency. They have each paid 6 weeks deposit (not protected!); paid 3 months rent in advance through a fake tenancy. I have a (fake) 2 year tenancy agreemnt (described above) with a bogus IT company created by the same agent. I have not received the 2nd and now the 3rd month rent due under my tenancy.

I have no tenancy between myself and the current occupants. The only link between us is the agent

What are my options? Can I get my property back? I have spoken to the tenants with mixed responses – one saying that s far as he is concerned he has a valid tenancy agreement and although he will not make any further payment, he believes he has the right to stay for the duration of 3 months rent he has paid + 6 weeks extra in lieu of the security deposit paid!

Given that mine and the tenants agreements were created via a scam what are my rights. Can I evict them immediately? What authorities do I report this to- police? council?

I am severely out of pocket through the loss of rent. At least the tenants are getting the use of my property – but how long can they legally stay there? I do not have an agreement with them. Can I evict them?

What options do I have to get my property back and potentially my lost income?

Many Thanks

Sandy


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GP

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16:48 PM, 25th November 2018, About 6 years ago

Reply to the comment left by Luke P at 23/11/2018 - 12:29I am and have an HMOs and both happened at the same time after 2months empty, my plan is to say, as was the case, that I was a live in landlord until November with my kit in one room so I need a new tenancy from them with a clause ending all previous agreements. Sadly the b(*&(*&^%d they put in first I think may be the worst and I didn't electronically sign his contract - he also smokes weed and in the garden. But they gave him a key to the house and thus contracts start I believe. Another in the other house does the same garden smoking.
Also various versions of the contract ,which me being old school printed out thankfully, had his rent go from 690 to 590 between versions.
Lack of references.
I was up to my eyeballs in stress as the previous 6 boys had left early and systematically broken undone everything that a landlord is responsible for electrics, plumbing, sinks, toilet cisterns and after most of the new lot moved in at 2am the previous tenants threw two bricks from my front yard at the house. They had also called in the council who had inspected so further cash went out and they stopped paying the last 2 months rent.
Thankfully the bricks thrown only hit a wall leaving a 2cm bit of the brick on the wall and a engineering brick in 4 pieces.

GP

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16:53 PM, 25th November 2018, About 6 years ago

My tenancys have my name and theirs. With me liable for the TDS scheme but BUT in the agreement with the agent it states he is liable for the TDS scheme but I think that he didn't counter sign that.

DALE ROBERTS

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19:46 PM, 25th November 2018, About 6 years ago

This is a replica of the Oliver-Knights scam that has been well documented and is thus easily referenced via a google search. I know the owners closed down and re-opened under another name - apparently this is quite permissible in the UK. Not that Oliver-Knights is a rare occurrence. Rogue agents/agencies have flourished and will continue to flourish in the UK until it becomes a regulated industry that enforces accountability.
You know ... something along the likes of say the draconian legislation that the PRS "labours" under?
Contact Lee Daniels of Helpland and see if he can assist you. He was invaluable in evicting the tenant Oliver-Knights placed in my property with a fraudulent AST.

GP

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2:20 AM, 26th November 2018, About 6 years ago

One certainly had a very new smart car. Similar to Foxtons. . . Sigh been a very very bad 4 months

DALE ROBERTS

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10:29 AM, 26th November 2018, About 6 years ago

Reply to the comment left by Winsome P at 26/11/2018 - 02:20My fraudulent tenant (a serial rogue and benefits cheat I subsequently learnt) was a 3 year nightmare and she refused to pay rent the last 8 months it took to evict her. Fortunately for me, her bad history assisted me in the eviction as her deposit had also been embezzled by Oliver-Knights and this could have incurred severe penalties. She did not want her past history exposed in court so waited for the Bailiff without making my life more miserable by raising the unprotected deposit as a defence. Then again she had thieved over GBP16 000 from me in unpaid rental so I assume she considered her deposit immaterial. She left the unit filthy and not one item of furniture was salvageable. I'm telling you this because your present situation may worsen. My experience left me so traumatised I have refused to rent my property again and it has remained empty since April this year. My losses are enormous but it is impossible to sell in the present market with all the Brexit uncertainty. To say that I am a disillusioned investor would be a gross understatement.
You have all my sympathy but seek professional landlord help now before this escalates to a more complicated level.

sandy

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11:25 AM, 26th November 2018, About 6 years ago

Reply to the comment left by DALE ROBERTS at 26/11/2018 - 10:29Thanks for sharing that Dale. I do understand how you feel right now! Yes you are right that my situation could escalate and am exploring professional help.
Incidentally the agent was registered with PRS. I have submitted a complaint to them about the agent.
I notice on the PRS website that there is a compensation of up to £25,000. I am not sure if the compensation is for situations like yours and mine. Essentially I am in this situation primarily because of the agent! Would this entitle us for the PRS compensation?
Maybe somebody can shed light on this.

DALE ROBERTS

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12:01 PM, 26th November 2018, About 6 years ago

Oliver-Knights originally had all the correct insurances and was a member of all the usual regulatory authorities. However, unbeknown to me and whilst they were raiding their own bank accounts to siphon monies for their personal benefit, these premiums stopped. When I approached the regulatory bodies, after discovering the level of fraud, they all neatly sidestepped responsibility citing the non payment of premiums. And Action Fraud were a complete waste of time even though they received numerous complaints about Oliver-Knights and information on who they now trade as.
I do have a CCJ against the tenant. And one day I intend enforcing it. But I am desperate to initiate my own "Brexit" from the UK property market. I know of no other industry where this level of legal thieving is permissible by both tenants and agents. It's rotten -and worse - endorsed and encouraged by the government and it's affiliated departments.

sandy

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12:35 PM, 26th November 2018, About 6 years ago

Reply to the comment left by DALE ROBERTS at 26/11/2018 - 12:01
I fully agree with your sentiments and concluding comments. This industry needs to be regulated!!!

Did you have any dealings with Property Redress Scheme (PRS) ?

DALE ROBERTS

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13:51 PM, 26th November 2018, About 6 years ago

I did not Sandy. But frankly it is very difficult to find any authority sympathetic to landlords in the UK or amenable to actually fulfilling their respective responsibilities notwithstanding their self promoted propaganda. As a South African investor, who has by force and not choice, had to rely on institutionalised entities in the UK to manage and insure my property portfolio my tale is a sad narrative of non service or dismal service. In your country I call myself a warlord - not a landlord. Simply because I have had to go to war against ingrained apathy and antipathy (is there a group more vilified than us) compounded by the fact that in a digitised world the UK appears to be a catatonic dinosaur. Almost nothing can be done online nor can accounts be issued via email. I've managed my large property portfolio in South Africa with all those superb facilities for many years now. And no agent nor agency can operate in South Africa without being accredited by The Estate Agencies Board who enforce strict criteria for professional insurance and a bank account protected within a Trust.
Property118 and Landlord/Tenant Referencing I found via google. And they have been the single most helpful organisations in the UK with regards to trenchant advice.
I'd like to wish you good luck but that is not a strategy. Determination and tenacity is 🙂

GP

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16:16 PM, 26th November 2018, About 6 years ago

Thought you would like an update as I have discovered that the contract the agents are using is a 'live in landlord' 'lodgers' tenancy which because both houses had reverted to me and were empty and I had a tone of work to do repairing damages I stayed in as well as paying the bills etc. So thats the good news and then when my final room has been let out as 'a live in landlord' I give notice and demand that they sign a AST or face eviction. Then I protect that deposit on one contract. If I dont do one contract the issue is as I have experienced before one leaves and the other 5 put off the potential sixth as having a spare room for friends etc is financially of benefit to themselves.
NLA and RLA both have these types of contracts and to my inexperienced eye I didn't get the implied power to summarily dismiss the tenant. Also as a live in landlord you dont need to register the deposit . . . . .

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