Advice needed RE: family member giving false refs??

JimmyTheWig

amarrah wrote: »

Hi, no I haven't offered them 6 months' rent in advance as unfortunately I'm not that well-off, that I can afford almost £4000 without saving for months - and obviously my sister doesn't have that much time to wait.

You could take out a loan.

Basically, it's not your problem. Feel free to do nothing.
But taking out a loan would be less harsh on you than risking fraud.

Jowo_2

Personally I've never heard of an instance of someone being prosecuted criminally, or a civil case, for giving a false tenant reference but this thread discusses the issue

http://www.landlordzone.co.uk/forums/showthread.php?12545-Suing-referee-for-fake-Landlord-s-Reference

At the very least, your sister could very well not get a new tenancy if the screening detects a discrepency in her historic address or could be served notice by the next landlord if he belatedly discovers false information was used to secure the tenancy.

Some landlords ask for references for the previous addresses, too - will your sister's previous landlords supply positive references?

FraudBuster

Jowo wrote: »

I'm not aware of the legal implications of the OP supplying a false reference for the tenant - would it not simply be a civil matter rather than criminal?

But as stated before, a decent tenant screening check will detect that the false address supplied doesn't match with the tenant's credit history.

The Fraud Act 2006.

http://www.legislation.gov.uk/ukpga/2006/35/contents

A person who is guilty of fraud is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

Moglet

Am I missing something? Why would any new LL or LA credit check the old LL, in this case a fictitious one? Surely they credit check the prospective tenant?

girleight@

Could she offer the landlord all his money back at once if he provides a reference?
Could you help her find the money with a loan?

Jowo_2

girleight@ wrote: »

Could she offer the landlord all his money back at once if he provides a reference?

But the landlord would be issuing a bogus reference if they were to tell the next one that the OPs sister is a reliable and good tenant.

The agent or landlord would probably ask specific questions like 'did the tenant pay the rent on time? did the tenant owe arrears? are there any issues which would give a future landlord any concerns?' not just a general 'were they okay?'.

And then they risk getting into trouble for being misleading....

tbs624

amarrah - don't do it. It's great that you want to help your sister ( that's what family is about) but you can' t put your own good name at risk. LLs *do* check that any LL giving a reference for a former/current T is who they say there are and there are a number of ways of doing that.

Have to say am surprised at your sister's LL - most LLs will give a reference of sorts, if only to make sure that a less than brilliant T moves on rather than staying put at their property until the bitter end.

Could you perhaps lend your sister the money to clear her remaining rent debts in exchange for the LL writing a reference? Other LLs will sometimes accept a reference that says someone *had *been in difficulty with their rent but has since faced their responsibilities and sorted the matter out. Or are there any other issues with the tenancy, aside from the rent?

See if the local Council holds a list of accredited private LLs who self-manage their properties or try the yellow pages for a local LL association contact number.

neverdespairgirl

amarrah wrote: »

as long as she makes sure she pays the rent, surely there couldnt be any comeback?

Yes, there could be. if you induce someone to do something to someone's advantage, or disadvantage, by deception, it might be a criminal offence.

Whether you'd be prosecuted is another matter, but it sounds like fraud to me.

neverdespairgirl

amarrah wrote: »

I'm just trying to assess the risks - as in, if false references WERE given, how likely is it that my name would be linked with her previous adress - or not, as the case may be - do they credit check the refs, or just ring them and ask if they know the person etc.?

You produce a reference saying you were your sister's LL at 46, Acacia Avenue.

LL or LA spends £4 and finds out you don't own it, or spends absolutely nothing finding out that the place is actually up for rent on rightmove, or that other people are on the electoral roll there, etc.

LA / LL calls the police. Your lie is very easy to find out, with any effort at all.

neverdespairgirl

amarrah wrote: »

I'm just trying to assess the risks - as in, if false references WERE given, how likely is it that my name would be linked with her previous adress - or not, as the case may be - do they credit check the refs, or just ring them and ask if they know the person etc.?

You produce a reference saying you were your sister's LL at 46, Acacia Avenue.

LL or LA spends £4 and finds out you don't own it, or spends absolutely nothing finding out that the place is actually up for rent on rightmove, or that other people are on the electoral roll there, etc.

LA / LL calls the police.

Your lie is very easy to find out, with any effort at all.