Son rented out my property with no permission!

[Jamilk]

Hi all new to this forum and needed advice

Long story short, I am abroad, currently not in the uk, now my son made a rental agreement and signed all papers as if he was the landlord, it was done privately, their were no witnesses, and I did not give permission nor consent, neither did I have any knowledge of my house being put up for rent, until my son confessed a couple of days ago, he did make the rental agreement from the 17 th of October till the 17 of march.

However he did write this in the agreement, which was signed by my son and the tenant, " termination: both parties have agreed that the contract can be terminated with 4 weeks notice" as he obviously thought in the worst case he would be able to cancel it with 4 weeks notice, in the case of me needing to go back to the uk early.

Now that I have found out, I have told him to get rid of him, he has given him 4 weeks notice from the 15th of November, but he is not willing to move at all, saying it is not possible well I know why, where can you get a 3 bedroom house in middlesex London, with all bills inclusive 1100? Well you can't it's nearly impossible.

Now I am trying to take up legal advice, but many are obviously stating to call working hours, me as the landlord, where do I stand legally at this moment, as I did not know nor did give permission, do I have the right to tell them to vacate immediately, I am even willing for them to leave with in 4 weeks, so he does not loose any money, as I can slightly understand his situation, the fact that he thought my son had told me.

However is it not his responsibility to make sure that the actual landlord has given consent/permission to his son to rent out the property, and not just taken his sons word for it??

Isn't it bait like buying a car, if you buy a car and the person who signs over the car does not actually own the car, they have just lost their money because they do not legally own the car.

Any help or comments would be highly appreciated!!

Many thanks!

[Jamilk]

Please if theirs any one with the knowledge, could you plead advise,I would be so grateful.

[brian]

From what I've seen on these forums, moving a tenant out forcefully can become a very long and drawn out process and a lot of hassle if the tenant puts up a fight because of their inherent tenancy rights.

Whether it was your son or you who gave permission may be irrelevant - I suspect arguing the son did this behind your back simply subjects your son to a charge of fraud, which from previous posts here I do not think will impact the tenant's rights.

[cmy82]

Jamik, this sounds terrible. I do hope you managed to resolve this quickly. Would be good to know if it all worked out in the end. I would expect that only the property title deed owner can sign such lease agreements!

[ThameswayTransport]

My goodness, I can imagine you are spitting nails! How did this all pan out in the end? Did you get it resolved?

[samster5]

The first solution would be to carry out a section 21, has the deposit been saved?..i know of another possible solution to your rather unusual problem. Contact me for the solution.. And just to let you know the solution is totally above board and within the specifications of the law.

[mattwhatnewhomes]

That's a tricky situation- what rights to the property does your son have? I would seriously suggest that you get the advise of a good solicitor in this case- I do wish you the best of luck.

[Gillian]

Firstly as Brian said, your son would be framed for fraud, and you certainly don’t want that. But as if it was mentioned in the contract to leave with a four week notice, I think you should consult a solicitor first. But on the whole, your tenant is going to frame your son in fraud charges for sure. I hope you find a solution very soon, because to me it seems to drag you a bit long