Idea For A Great Scam!

[dipstick]

Sub-let a property that you have no entitlement to let out. Do this by going to an ARLA, RICS registered estate agent and get a NAEA bod out there to assess the rent and advertise it. Ask a high rental but then offer a lower one if the tenant agrees to pay 6 months up front. Advertise it unfurnished but leave any old rubbish in there. DONT DO ANY REPAIRS. Make sure the electrics aren't safe and refuse to repair them. After all the tenant can't do anything cos she has paid 6 months up front! Then when the 6 months are up, just put up the rent! If the tenant kicks up a stink, refuse to take any more rent and go back to the letting agent so they can issue a notice for possession. The agent will do it because ARLA etc have no teeth anyway and the agent doesn't have any responsibility towards customers only "clients" and you're their client! Also make sure the actual owners of the property know that if they try and get you in breach of your agreement they will fight it on the grounds that the owner hadn't "managed" their part of the deal. Don't bother about what Enviromental Health say cos after all you've got your money and when the tenant goes "so what". Also make it so difficult for the tenant to find a new property cos obviously you wont provide a reference they will be out of time to sue you under any legislation by the time they find somewhere else and the agents can't be sued because they only "let" the property and didn't "manage" it. Also whats the point in suing you because you have made sure you only rent the property you are in, you having got anything to take! And if the tenant starts to feel a bit confident just send round one of your mates. He doesn't have to say anything, just get him to stare. The police won't take it seriously because he hasn't spoken. Bingo, tenant can do nothing about anything. Seriously expensive for tenant to take to a solicitor and she can't claim any money back anyway. Police couldn't care less. MP's don't take on "individual" cases. You're quids in. If you don't want to go through the habitable route just wait while a friend goes on holiday and gives you his house keys to look after the cat. Rent out the property, get 6 months money up front. And Bobs your uncle!

Yes this has really happened to me. I'm the tenant, I'm still stuck here and I can't get any advice or help.

[shamstar]

Feel sorry for you. Why not ring environmental health and explain you are living in a HMO but are worried it doesn't meet current fire regs and electrical safety standards. Write to them if necessary. Contact the local income tax office and make them aware that your landlord may not be paying tax.

If the rent's been put up, they should have given you notice of this, why not look for alternative accommodation, plenty of private landlords will take you on as long as you can get a reference from work or a previous landlord.

[dipstick]

I'm afraid I've done all that. An additional problem is that I have livestock and trying to find a place that will accept me and them is a nightmare. I've been let down 3 times since Christmas. The Environmental Health people have issued an un-inhabitable notice on the place and condemed some of the external buildings but they issue it to the owners not the landlord so they are hopping that they have to foot the bill for this lot and are blaming me for it. Both the landlord and the letting agent know exactly what they are doing. Sure they must have gone through all this before! You're right about the tax office though, although I daren't do it till I'm out of here. What I can't get to grips with is the fact that if you put your mind to it this is so easy to do! You can literally trash somebodies life and still be on the "right" side of the law. Must admit that renting something else gives me the jitters!

[Paul_f]

I don't want to waste too much time on this but if the property was let through an ARLA/RICS/NAEA agent and they did not make thorough & proper enquiries as to the rightful owner then they could be in trouble with their professional body. Asking a "landlord" to declare they have permission to let is not in my book sufficient to establish a mandate to let.
You as tenant can make a complaint to any of the above by writing to their respective compliance officer. :(

[red40]

Sorry dipstick I am trying to decifer what you have written :cool: Is it an HMO?

Are you saying you live in a property owned by a leaseholder, who has sublet. 'Sub-let a property that you have no entitlement to let out' why aren't they allowed to sublet, is it written in a lease?

Un-inhabitable notice............pass, never heard of it. You have unfit for human habitation legislation, fit for the number of occupation legislation. Nobody can refuse to carry out any repairs, section 11, Landlord & Tenant Act.

Nothing stopping environmental health issuing new notices and setting a short timescale to carry out the repairs, if these aren't done they will carry out the works in default and claim the monies back through sundry debtors.

CAB offer free advice and will act on your behalf or put you in contact with a solicitor who may offer legal aid.

Dont think its a scam, but just bad advice and actions by third parties.

[dipstick]

Sorry I haven't got back, been house-hunting!
Regarding the ARLA/RICS thing. The agents really could'nt care less if I complain about them to these bodies. ARLA have no teeth and as I don't have a client contract with the letting agents (as does the landlord) RICS will "consider" if I have a right to complain if I detail everything to them. It's not a HMO by the way. Regarding the right to sub-let. I was led to believe the LL owned the property, after I complained to the EH they discovered the true owners and I was told verbally by the owners manager that the LL was not allowed to sub-let. They however will not put this in writing as the owners wish to regain the property to sell and if they admit their managers did not check to see if the property was being let then their case will fail. Complicated eh!
Very interesting to see your comments on the EH. I know that notices have been issued but these are sent to the owners not the LL, who want to sell the property in its current condition as it is not worth repairing. Some idea of the extent of necessary repairs. One external building condemed as a dangerous structure. Porous walls (gable ends) need replacing. Rewiring. Windows making good. Etc etc. What I didn't realise was that the EH could have got works done and recouped money. I think that is what you are saying?
My point really is that you go to an agent with a professional body logo, pay 6 months up front and if you ask for any repairs to be done you are just issued with a notice to quit. Aforesaid professional body issue the notice despite the fact that they have not met their own professional body criteria. If you complain to the professional body you have to follow procedure which takes months (so doesn't help your predicament) and at the end of the day the LL has still had his rent and nobody is accountable.
I've been onto CAB numerous times and I'm afraid they can't help. They did put me in touch with a solicitor who specialises in this type of work. I was told by them, no point in complaining to ARLA as they don't do anything anyway and no point in suing the LL as it would be expensive and since he doesn't have his own property to put a charge on then I wouldn't get anything anyway.
I'll look into the EH role in this more closely though!

[missel]

ARLA/RICS/NAEA ar the soley responsible... however get your solicitor to write a letter to both , the agents and the owner..give em 14 days , or go to court...

[Patois]

Just on a point Red 40 made regarding EH and notices:
"............if these aren't done they will carry out the works in default and claim the monies back through sundry debtors............."

Some authorities do and some don't - there is no requirement that they must.
In my authority HMO landlords were allowing notices to elapse and works to be done in default as it was cheaper to have the EHO project manage all the different contractors than doing it themselves.
The policy is now to prosecute rather than default notices.

[dipstick]

Thanks for all the input.
It may be relevant to note that you can only take one course of action in respect of ARLA RICs or a private court case. When you instigate one then that excludes you from asking another to investigate.
Also what is the point in complaining to anybody if that complaint purely results in a landlord issuing a Section 21? Can't see what the point is unless the EHO just make sure the house is repaired for the next tenant?