Landlord refuses to provide reference for tenants

bap98189

If the landlord refuses to give out a reference then you have two options.

a) tell the landlord/letting agent this up front, and make sure this won't be a problem before you pay any credit check fees.

b) put down a fake contact as your landlord. Ask a friend to pretend to be your current landlord and submit his address and phone number.

The problem is that a) would sound alarm bells for any prospective landlord. The usual reason for no reference being available would be because that reference is likely to be negative. That would be my first reaction.

Obviously b) is unethical (and possibly illegal) but the chances are they will never find out, especially if the old and new properties are in different locations.

jcn1977

The sad thing is we have done everything we have supposed to do. Hell I even cleaned the property myself when we moved in as it hadn't been properly cleaned although we were told it would be - coffee stains on the walls, hand prints on the doors. I took photos of every room when we moved in so if they complain we didn't clean the place properly they'll have a problem. It would therefore be impossible for us to actually get a negative reference as that would be libelous.

From our point of view it seems like the landlord doesn't want us to leave and is trying to stop us from doing so by preventing us from getting another property which surely makes us the perfect tenant as they are trying to hold on to us. Despite having given notice they haven't started advertising this one as being available.

Mortgage_Reduction_Novice

So the landlord won't provide you with a reference. Would he sign a document that states you have paid your rent ontime for X months? You could type it up so that your landlord just has to sign in agreement.

That's the main bit of info a new landlord will need. Other information would be useful but as a bare minimum it might help.

jcn1977

The landlord is refusing to do anything. Obviously we can, and have proved we pay the rent early every month. We have as I said given notice. The landlord isn't advertising this place as available... we will have to withdraw the notice if this continues as we won't have anywhere to live hence my desire for breach of contract and damages to act as an "incentive" to the landlord.

Mortgage_Reduction_Novice

Has landlord given a reason why a reference won't be provided?

hardworking_mummy

bap98189 wrote: »

If the landlord refuses to give out a reference then you have two options.

a) tell the landlord/letting agent this up front, and make sure this won't be a problem before you pay any credit check fees.

b) put down a fake contact as your landlord. Ask a friend to pretend to be your current landlord and submit his address and phone number.

The problem is that a) would sound alarm bells for any prospective landlord. The usual reason for no reference being available would be because that reference is likely to be negative. That would be my first reaction.

Obviously b) is unethical (and possibly illegal) but the chances are they will never find out, especially if the old and new properties are in different locations.

I check previous landlord references very thoroughly - against electoral rolls and land registry. Putting a false phone number and address is the oldest trick in the book normally used by tenants with mucho to hide! If you try this and get caught out be prepared to lose any admin fee you have had to pay. I think honesty is the best policy. After all the tenant has done nothing wrong so why lie? I would put the correct contact details for the landlord and if he doesn't respond that is up to the new landlord to draw his own conclusions. Many many landlords don't give references - sometimes through lack of time, sometimes through sheer laziness or bloody mindedness.

jcn1977

Mortgage_Reduction_Novice wrote: »

Has landlord given a reason why a reference won't be provided?

Yes, that we are still living here. Seriously.

Many many landlords don't give references - sometimes through lack of time, sometimes through sheer laziness or bloody mindedness.

As these same landlords rely on the very referencing system they refuse to take part in, perhaps they are cutting their own noses off. It seems to me this is an area that requires a certain level of legal reform.

N79

jcn1977 wrote: »

The landlord is refusing to do anything. Obviously we can, and have proved we pay the rent early every month. We have as I said given notice. The landlord isn't advertising this place as available... we will have to withdraw the notice if this continues as we won't have anywhere to live hence my desire for breach of contract and damages to act as an "incentive" to the landlord.

You are, of course, entitled to damages for the breach. The problem will be establishing the level of these damages - which will be for you to prove. When you add it up you have probably not suffered much "provable" financial loss - this is what makes getting damages for breaches like this so very difficult.

Try to estimate your actual costs (remember you are only entitled to your actual reasonably foreseeable costs which flow directly from the breach) and try to get some proof to back them up. Normally, for the level of substantiated damages it is not worth the effort to pursue - hence focusing your efforts on getting out might be better.

BitterAndTwisted

It's not usual for a landlord to provide a reference and give it direct to the tenant: it's more usual for a prospective landlord or their agent to get in touch with the current one themselves.

In your position I would press on with your search and explain to the agent that your landlord may not respond to requests for a reference. You have your bank-statements to confirm that you've been reliably paying the rent for x amount of time, plus proof of income to confirm that you can afford whatever the new rent would be. I'd be minded to explain to any prospective landlord or their agent just how lousy your current landlord is. Unfortunately there are far too many of them, so a lot of agents/landlord will have encountered this situation before.

I think your ideas about breach of contract and damages are a waste of your time and energy, and are not likely to succeed in any case.

jcn1977

You are, of course, entitled to damages for the breach. The problem will be establishing the level of these damages - which will be for you to prove. When you add it up you have probably not suffered much "provable" financial loss - this is what makes getting damages for breaches like this so very difficult.

This is my concern too. I have no idea how to quantify the damages for being unable to shower, or the poor state of the communal areas and the impact that has on your common law right to enjoy your own property. It makes a future Part 36 Offer quite difficult.