Legally voiding a new AST?

[Willhire89]

One bed flat which is not local and I use an agent to source tenants for that one

Finds single middle aged guy, not working currently as moving to the area having just lost job but will pay six months upfront - all agreed with a six month AST and he has just moved in.

I receive copy contract and he has an unusual name and first hit on search is from nearby and a guy sentenced to twelve years for rape on two very young girls. Using the picture in news article agent confirms this is the same person and date wise it is clear he has just been released. References they tell me now were false.

He is living in a block with forty flats of varying sizes with families all around, no change of name and local to original offence

Agent says I'm stuck with him but .....??

[Willhire89]

smashie said:

Unfortunately due to COVID regulations you are looking at 6 months notice to evict him whether you issue a section 21 or section 8 (ground 17). Normally section 8 grounds 1-7 require 2 months notice and 8-17 2 weeks (still need to take them to court if they don't leave, but COVID regulations means that the Landlord now has to bend over and lube up.
Did you check the references or just accept them?
Sign up to the NRLA.

I was not part of the referencing process the agent undertook that side and recommended him - as you might imagine much of the discussion centered on him not working.

Since he was putting down £4375 (inc the TDS) the last thing I would have considered was he had just been inside.

[Willhire89]

MercScot said:

You have your rent so for now that isn't the issue. Not matter how unsavoury you may find your new tenant you should have engaged with your agent and made sure you were aware of who they were putting forward, you didn't so will have to take it as a life lesson.

I suspect all you can realistically do is to not renew after the six months are up and pray he doesn't dig his heals in.

I have never been given the name of a tenant before any AST is finalised and if he is Paul Gadd or John Smith would have no bearing on the decision to go ahead - to that end I'm no sure I see it as a life lesson.

I have no issue with him or his past but I have inadvertently introduced a risk for other residents which I would rather have avoided - rent never was or is the issue.

[Willhire89]

Psycho Warren said:

In this case did the agent even ask?

It was the prior address checks and refs that were fudged.

[Willhire89]

superlightr said:

OP curious as to this as I run a letting agency.

I have no doubt the first the agent (small, single location) knew of the tenant's background was my call to him - I suggested he searched his name and went to the first hit. There was a few moments silence as he scanned down past the picture and I then asked if that was the same person which he acknowledged. We then had a short interim discussion as to what had gone wrong.

The market up here (there) may not be as strong and in fact the last tenant was in for six months as well after her new build ran late. I always push for twelve months too but in this case market was quiet and that was what was on offer linked to his prepayment. I understand from a message tonight that he has already secured fulltime work.

I will need to go and see the agent and request access to the file - the perp has a brother in the town and he may have juggled with him to provide a backstory. Despite his extended period inside I imagine he would have a passport and d/l and I will establish in the next few days if there has been any subsequent contact from support services.

Dates wise working forward from his sentencing he has only just been released and as I said he is using the same distinctive name so outwardly he has not tried to hide his past - following a twelve year sentence I cannot imagine he is not on some form of reporting restriction.

It is possible the agent skipped referencing but if I establish they knew and did not let me know that is another level.