Renting as a Discharged Bankrupt

izools

Not found this a problem unti now -

Can a Landlord use the fact that one of the joint applicants for a property is a discharged bankrupt as the sole reason for not allowing either party to move in, without taking any other factors into consideration?

I've just been told I can't move into a given property because I'm a discharged bankrupt despite the fact the referencing company passed me due to the landlord being biased against me as a discharged bankrupt.

Is this legal?

Grimbal

I could be wrong here, but does a LL have to give a reason for not letting his property to any particular person anyway? I ask only because, when we were looking to rent, a potential LL chose another couple over us with no reasons given. We didn't see it as discrimination, just "one of those things"

izools

He catagorically stated it's because I'm a discharged bankrupt as the sole reson to the letting agents. Rent 4 Sure passed me on the credit check...

Wish I'd never declared the bloody thing now.

tbs624

A third party tenant referncing check is just part of the process that a LL uses to make his/her decision on whether a rental should proceed - the decision is ultimately one for the LL to make. It isn't a question of "passing" one of those checks btw - the "score" gives the LL an indication of risk and it may be that your LL prefers to take on Ts with a better rating.

Have you considered getting a guarantor and asking if this would be acceptable to the LL?

tbs624

izools wrote: »

Wish I'd never declared the bloody thing now.

It would have shown up during the referencing process anyway.

izools

Well now that's the thing, my BR doesn't appear on my Equifax file, which is who Rent4Sure search. Only on Experian.

I will indeed propose a guarantor, in fact two, and a bigger deposit - none of this is an issue for me. Hopefully I can turn it around

Fingers crossed!

Grimbal

hmmm.Would still be interested to find out if a LL has to give any reasons at all for declining a potential tenant....

Could you offer rent in advance perhaps?

tbs624

Good luck. Note that an experienced LL won't take a deposit in excess of 2 months' worth of rent.

Regarding CRAs and their records of your bankruptcy - filing for bankruptcy is a matter of public record, and info on every BR court case is available for public view so a LL can check outside of the CRAs.

izools

Although for them to check with the registry trust they need to know the address I was living at at the time the order was made; and due to the fact I've moved several times since then and it was several years ago I no longer need to disclose that address on forms.

Not that I'm purposefully trying to wrangle out of anything, it just so happens to be that they wouldn't be able to prove otherwise. But that's by the by. What's important is trying to rescue the current situation.

Thanks again for your help.

Benji

Grimbal wrote: »

hmmm.Would still be interested to find out if a LL has to give any reasons at all for declining a potential tenant....

Could you offer rent in advance perhaps?

I am sorry, the landlord does not have to give a reason - indeed perhaps he was foolish to do so. Whom he rents to is a business decision, and you (for whatever legitimate reason) have shown that you do not always pay what you have agreed to. I'm sorry, but it's a fact. That may be a risk too far for him.

There is no doubt you have been discriminated against - but unfortunately for you, not all discrimination is illegal.

Benji

tbs624 wrote: »

Good luck. Note that an experienced LL won't take a deposit in excess of 2 months' worth of rent.

Why? the only effect is that it infers certain assignment rights - and if the 'imposed' new tenant is unsuitable then they can be evicted through the usual processes. IMHO the very slight risks are far outweighed by the additional securiy a 'beefy' deposit provides.