Did not check false references – help?
We received the following from a tenant – he said he would move in with his brother and sister in law.
He had provided references:
1) Tax Return
2) Bank Statements
3) Landlord Contract
4) ID of him and his brother/sister in law who currently overseas
Verified his unique tax reference number which was incorrect. Bank Statements were addressed to the tenant, but noticed the bank account was in someone else’s name.
Called Landlord, but the name was incorrect.
We gave him six months contract and only two months in. His brother and sister in law has still not moved in.
I should have checked the references, but now what course of action is available.
I have a feeling he could be taking the property for illicit means, but have no proof at this stage.
Sash
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Member Since February 2011 - Comments: 3453 - Articles: 286
9:32 AM, 11th December 2018, About 7 years ago
Hi Sash,
Have you checked his passport and proved he has the Right to Rent?
Member Since August 2013 - Comments: 428
10:57 AM, 11th December 2018, About 7 years ago
Ground 17 on which the Court may grant possession under S8 (but note that this is one of the discretionary grounds): The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—
(a) the tenant, or
(b) a person acting at the tenant’s instigation.
Member Since April 2014 - Comments: 985 - Articles: 2
1:23 PM, 11th December 2018, About 7 years ago
Hi Sash, did you do the references yourself or did you employ a third party? Have you confronted the tenant with regards to these false references yet? Is the tenant still paying rent? I would server a section 8 as referenced above but also a section 21 at four weeks as a back up just in case the tenant pulls something out of the bag that causes the judge to use his discretion in the tenants favour. I would not be surprised if you stop receiving rent shortly though.
Member Since November 2015 - Comments: 584
3:19 PM, 11th December 2018, About 7 years ago
Schedule a property inspection for the 3 month mark to ensure nothing untoward is going on & perhaps speak to the neighbours to ask about the tenants behaviour, comings & goings etc. If rent is being paid and all seems fine with the property serve S21 notice at the start of month 5 giving 2 clear months notice (allowing sufficient time for deemed receipt of the notice by the tenant). Ensure all necessary documentation has been provided to the tenant BEFORE serving notice & keep proof of service for both the notice and all the mandatory documents.
Member Since April 2014 - Comments: 985 - Articles: 2
4:24 PM, 11th December 2018, About 7 years ago
Reply to the comment left by Rob Crawford at 11/12/2018 – 13:23
I meant after four months! Do not give a reason for the eviction on the section 21 as this could also be contested.
Member Since June 2014 - Comments: 325
1:42 PM, 17th December 2018, About 7 years ago
Hi Sash – apart from what appears false referencing documentation, your immediate concern appears to be of the use of the property. There may be valid reasons why relatives have delayed moving in and this in itself should not be much of a concern. As advised by Kate schedule an inspection visit and then take a view on next potential action. The 3 months period is typically nominal, so you could issue the notification now and then you would thereafter be better placed to explore the next steps.
Member Since February 2016 - Comments: 17
10:32 PM, 22nd December 2018, About 7 years ago
Reply to the comment left by Neil Patterson at 11/12/2018 – 09:32
Yes have checked the passport and thats’ fine
Member Since February 2016 - Comments: 17
10:35 PM, 22nd December 2018, About 7 years ago
Reply to the comment left by Rob Crawford at 11/12/2018 – 13:23
We got the references but only really went through them two months later. It is a lesson and will use a third party in future. I hope our failure to check references does not invalidate our insurance policy for malicious damage or legal cover.