Tenant gave false details – What do I do next?

Does your AST prohibit sub letting or short term let's such as this?

I had the same thing, and I also reported it to the Police online as they took my property by fraud. However no follow up from the Police. In my case something more serious was going on as they put 3 to 4 girls who did not have a right to rent in this country. I told the tenant that it was illegal and that the Home office could potentially get involved. I basically asked for my key back despite him offering me more than the rental amount. I was led to believe that the property was potentially being used to exploit these young women by the guy who pays me the rent. He is returning the keys in a couple of weeks. In your case you may want to contact airbnb and tell them you have not given any authority for your house to be used in this manner.

I would have thought that as the 'tenant' gave false references with the intent to deceive, you would be entitled to enter and change the locks. Surely the contract would be deemed to be 'null and void' because of the circumstances. Anyway, what's he going to do about it if you do change the locks? He can hardly stand in front of a judge and explain how he used a false identity to create the contract!

Sorry to hear of your problem but seems to me something has gone wrong with the referencing here, I guess you’ve carried it out yourself. By NRLA checks do you mean you used their TransUnion credit search facility ? Did you obtain photo ID (passport and driving licence) and meet the applicant to verify the photo was the tenant. Did you obtain last 3 months payslips P60 and latest 6 months bank statements showing corresponding salary credits which match the payslips ? An employer’s referencing is also a good idea as well in case the applicant is on notice of redundancy. Also you would need proof of current address such as a recent utility bill. Be interested to hear more about the referencing you did here.

This makes for very scary reading. My first thought of thinking is with the person who rented your home. Did you met them personally? Have you contact details? Do you know for certain his identity has been stolen or is he involved in this in some way? They'd be my target as they your legal tenant and technically the one to persue as this all sounds very odd. If he's not living in the home you rented to him where is he? If he's innocent in all of this he'll be only too willing to assist. Secondly I'd do precisely as Martin has suggested and take my chances should the legal tenant
/sublet tenant have the audacity to persue this through the legal system which I very much doubt. Take back possession of your house!

What does your lease ( Superior Lease ) say about Short term lets?

It most likely prohibits them so that could be a route out of this situation.

Your AST should have a clause referring to the the Superior Lease.

look to rent your own property via Air b and b, then take the opportunity to go in when you definately know its empty and change the locks. Take lots of photos then leave a note on the door for all to see stating the property has been sealed, the Police informed and Air B& B notified. Send photo to Air BnB and demand the property is removed from their platform immediately (show them a copy of the title deeds if necessary)
If all this is suspect you wont hear a thing about it. If he fraudulently obtained an AST then it is invalid and he cant take any legal action as he is unable to prove a viable contract between you even exists to start with.

Offbeat suggestion...

Find the person who's identity was stolen(assume they are real if checks passed), tell them there is huge debts being racked up in their name. Offer to wipe the debts clean if they sign immediate forfeiture of property.

The legal party to the contract will now have cancelled it, and you can go in and do what you like??

You should seek advice from your insurance company. Hopefully, you have legal cover and rent protection. With regards to credit / referencing process. Always meet the candidate tenant and copy their ID (actually a legal requirement of the right to rent scheme). When you get the credit / ref check results, do some cross checking with the former address given, employer and former landlord. For the employer, don't use the contact details provided by the candidate. Ask HR to verify employment.

Reply to the comment left by Dylan Morris at 25/07/2023 - 10:13
What is happening is people are giving their genuine ID and subletting the property.