letting agent Reference

GaryMaguire

Is it illegal for a letting agent to give a bad reference?

Our LA is proposing to write the following:-

"we have not been provided access for viewings with prospective tenants and this is inevitably going to result in a financial loss to our landlord client. However, we are aware that xx and xx are expecting their first baby and understand that this is a difficult and busy time for them. Our landlord client has therefore agreed to waive this requirement"

Do you think this is quite negative?

regards

Gary

angelsmomma

Do you mean that you refused to let the agency do any viewings on the place because your partner is pregnant?

If so yes it is negetive but truthful.

Tiddlywinks

Is it factual? If it is then it is not negative but an accurate reflection of events.

Is it fair?.... That's another matter.

You say the quoted text is what the LA is proposing to write so that suggests that it has not yet been sent. Is there any room for negotiation with them about this?

agrinnall

GaryMaguire wrote: »

Is it illegal for a letting agent to give a bad reference?

Our LA is proposing to write the following:-

"we have not been provided access for viewings with prospective tenants and this is inevitably going to result in a financial loss to our landlord client. However, we are aware that xx and xx are expecting their first baby and understand that this is a difficult and busy time for them. Our landlord client has therefore agreed to waive this requirement"

Do you think this is quite negative?

regards

Gary

I'm not sure that they should be allowed to write that given that there is no such requirement. The landlord can request access for viewings but the tenant is under no obligation to allow it.

thegirlintheattic

They can be negative as long as they are truthful and can be proved.

What puzzles me is it sounds like the LA thinks that the LL has the right to conduct viewings whilst you are still a tenant? This is not true, you have the right of quiet enjoyment for the length of your tenancy so can refuse viewings if you want. I would personally remind the LA of this fact and have them provide a reference without this in, just detailing your payment of rent and the condition of the property.

MacMickster

Maybe tenants should seek references in respect of their prospective landlords from previous tenants.
In this case maybe:

"The landlord tried to interfere with our quiet enjoyment of the property during our tenancy, and threatened us with an adverse reference unless we agreed to this"

theartfullodger

Agent and Landlord do not have to give any reference at all. Often a blank refusal of any reference is even more damming.

If a reference is given it should be fair but can be negative (eg paid rent late 3 times, there were 4 complaints from neighbours, viewings denied..).

Re..

What puzzles me is it sounds like the LA thinks that the LL has the right to conduct viewings whilst you are still a tenant? This is not true,

Yes & no: It is very very likely that there is a clause in the tenancy granting right of viewings etc... (thus contractual right/obligation of tenant to help LL): However T can deny this (quite enjoyment etc..): LL/agents only course then is to go to court & get a court order for entry (impractical for viewings for new tenants..). So, if so, we have two conflicting rights (lawyers are happy...), agent has found their work/job harder (no viewings, a probable void, loss of income to both agent & LL) so agent "unhappy" and is biting back. This is the real world...

emmatthews

It is true that you are entitled to "quiet enjoyment" & can refuse viewings.

However, when we signed our tenancy agreement, we agreed that we would allow viewings in the last 2 months (pretty standard part of agreement I believe). We expected the landlord to honour his parts of the agreement & therefore we honoured ours - regardless of our legal right not to.

I don't see anything wrong with the statement if it is true and it would let prospective landlords know that they may have an increased chance of a void at the end of your tenancy with them.

angelsmomma

^^^ I agree with emmamathews.

Tiddlywinks

OP - having read your other threads over the past couple of months there does seem to have been a bit or a relationship breakdown between you and the LA.

Did you follow the advice of contacting the LL directly?

GaryMaguire

OK - I have never refused access. we were asked once on a thursday afternoon to allow a viewing on a friday afternoon. Unfortunately we could not do this as the last 3 weeks has been spent either viewing other properties or getting various bits for our new born. I did explain that we were very busy and fitting time in to be at home for viewings would be extremely hard but we would in no way be obstructive to the LA. I dont think the reference statement reflects a true happening of events and therefore could be looked upon as being untrue. Hopefully this does not jeopardise our move as our new letting agent has said that there is up to £500 fee if the contract falls through.

As for contacting the Landlord, they live abroad and any letters i have sent have either been ignored or not received. We really just want to move on with our lives and find a new place but even this appears to be a bit of a nightmare. My wife is due on monday and all this is going on. not a good position to be in.

regards

Gary