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  #1  
Old 18th February 2014, 07:56 PM
Gillyp Gillyp is offline
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Default Is this a rental scam??

Can anyone offer some advice please - my son and his girlfriend have recently moved in together. They paid one months rent and deposit up front, in cash ! they were not given a tenancy agreement (Ive only just found out about this) They moved into the room three weeks ago and every thing has been fine. Other people also rent rooms in the house. Today a woman arrives saying it is her house and that her ex partner rented out the rooms and had no right to. My son and fellow housemates have been told to move out immediately and you guessed it won't be getting any money back !! I think its a con but don't know what to do. It may be just a coincidence but all the people, apart from my son are from different countries and it was my sons girlfriend (from Slovakia) who paid the money out initially - so are they targeting vulnerable people who wont understand the law or am I barking up the wrong tree completely ? would appreciate input - the property is in Feltham, Middlesex in case this has happened before.
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Old 19th February 2014, 02:01 PM
Adam Hosker Adam Hosker is offline
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Default Re: Is this a rental scam??

You can’t prevent a tenant from having a tenancy just by not giving them a written tenancy agreement. As soon as they go in and start paying rent, a tenancy will be created under s54(2) of the Law of Property Act 1925.

Ensure your Son, has his mobile phone recording if anyone comes knocking telling them to move out. Then straight to the solicitors.

Landlords are also bound by the Protection from Eviction Act 1977 which says that they can only evict a tenant if a possession order has been obtained first.

It is a shame your Son has no proof he paid deposit!

Your son should start paying via Bank transfer, asap to ensure theirs proof of payment.

In conclusion; your son can take a stance and use the police and other authorities to back him up. The record feature on mobile phone will help prove abuse of the regulations. Having contact details for other tenants and statements may help also.

Not having a tenancy puts the landlord at a disadvantage, as they can not use Section 21.
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If its a rental scam, its not properly thought trough. Any disagreements with partner is their issue, he was acting as an agent and granting tenancies.
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Old 19th February 2014, 04:35 PM
Gillyp Gillyp is offline
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Default Re: Is this a rental scam??

My son has contacted the police and they have told him and the other tenants to stay in the house for the month and not pay any more rent. They don't think it is a scam apparently its a relationship breakdown and the ex partner rented out the house to spite her as she was planning to move into the property . In the meantime my son is going to look for somewhere else and not pay a cash deposit without getting a receipt.
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Old 19th February 2014, 04:42 PM
Adam Hosker Adam Hosker is offline
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Default Re: Is this a rental scam??

It would remain a Civil matter and not a Police matter unless they tried to force eviction or harassment on your son.

As for "stay in the house for the month" that is a good idea to re-coup losses. In reality the tenancy is granted and he can stay in their UNTIL A COURT provides a possession order - so can everyone else.

If that is 2/3 months to ensure you re-coup deposit/rent in advance then great.
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