Landlord refuses to provide reference for tenants

tbs624

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.

Experienced LLs know that other LLs sometimes fail to provide references ( for any number of reasons) but that this , per se, does not mean that the T is unsuitable for a new tenancy elsewhere.

bap98189 wrote: »

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.

to proceed as in your option b would be the wrong move. Who owns a specific tenanted property is very easily checked. Lying *will* get you flagged up as a potentially ropey T. There is also the discretionary Ground 17 under which a LL may apply for repossession of the property

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—
(a)the tenant, or
(b)a person acting at the tenant’s instigation.]

Being upfront with the potential new LL/LA from the start is the way to go.

The OP will be able to show that they have paid the rent on time (early even) and can offer evidence of the repairs issues etc.

BitterAndTwisted

jcn1977: I don't think your situation is as bleak as you appear to believe it is.

Get all of your documentation together, incuding all of your correspondence with your current landlord about the repair issues and show them to prospective agents/landlords if necessary.

jcn1977

Thanks. Unfortunately we have been dealing with Homelet. The landlord told Homelet according to the email I got that they refuse to give a reference about us on the basis that "they are currently our tenant". Er yeah... of course we are until the end of the notice period contract.

hardworking_mummy

jcn1977 wrote: »

Yes, that we are still living here. Seriously.

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.

I think it would be difficult to legislate on what essentially are opinions. I have had previous tenants who considered themselves "model" tenants based solely on the criteria that they paid their rent. Had I been approached for a reference on those occasions they would not have liked my response. I always give references when requested. I have given glowing references, and I have given terrible references. Always honestly. Sadly not all landlords, just like not all tenants are honest.

tbs624

Talk direct to the potential new LL if you can.

Homelet basically ask along the lines of

• does the T pay their rent in full and on time?
• has the T taken care of the property?
• would you recommend this T?
• do you have any other comments?

If the LL wants to use certain rental guarantee insurance then specific referencing criteria usually has to be met.


A good number of PRS LLs do not use such insurance and are therefore able to use their own discretion in judging who is likely to be a suitable T.

BitterAndTwisted

I suspect the issue with Homelet is that they provide an insurance-based rent-guarantee scheme to the landlord which includes some protection against damage to the property. Until you have vacated there will be no proof that you have left the property in good order. Something like that, in any case.

As I said before most landlords/agents will approach your current landlord themselves, so you should not worry yourselves sick about not having a written reference in your hands now. Just get on with collating your documentation and concentrate all of your efforts on finding another property.

jcn1977

I think I was trying to suggest the landlord should be legally required to disclose whether or not the tenant has paid the rent on time as that's something that's factual and whether there's been any criminal behaviour or anti social behaviour that's actually be proven in court. Beyond that you're getting into opinions... and everyone has a different one.

On the plus side I'm also a columnist for a national newspaper (I write on property and planning and so on every couple of weeks) and got a commission about this so in a few months time when the entire thing is settled it'll be an interesting diss to the landlord in the press. Might mention MSE too as a good place to get advice from as it has experienced tenants, and landlords with a conscience and a good place to start before you see your solicitor.

The landlord KNOWS I do this for a living in addition to my day job which makes it even more odd.

My personal feelings is that they are essentially a slum landlord who got a lucky with a property advertised to professionals. It's my own fault as I trusted my girlfriend's opinion before we got the place rather than viewed it myself and checked the landlord out properly.

My own experiences from all this too are quite interesting. When I last rented was perhaps this time last decade. There wasn't all this sort of landlord checking then, I rented using Foxtons and all they wanted was six months bank statements. It seems almost as if an industry has grown up around this in a way that I am not sure is positive. It certainly needs more oversight as the costs that people can experience as a result of patently unfair behaviour can be substantial. We're not on the breadline so at the end of the day £300 is nothing, but if you're in a more vulnerable position as many people are it could tip them over the edge.

None of finding another property changes the fact we have LOST £300.

I might add we got no inventory when we moved in here, and the landlord hasn't got a record of what the property was like beyond estate agent photos that were used to market it (I do though as I took photos of everything). How is the landlord possibly capable of finding out whether we have returned the property in the state we found it when they have no inventory or record!

BitterAndTwisted

The landlord is not capable of proving the state of the property at the start of your tenancy as they have no documentary evidence. They could try and wave around one that was prepared a couple of years ago but without your dated signature on it, it would be worthless. So, not deductions from your deposit are possible. Good for you!

Please do not mention F*xtons around here! One of their branches approved a tenant, signed them up to a two-year tenancy agreement and it transpired later, once the tenant was in very serious rent-arrears that they never took out any references at all. It seems that it might be easier to rent a decent property than you may think....

tbs624

jcn1977 wrote: »

There wasn't all this sort of landlord checking then, I rented using Foxtons and all they wanted was six months bank statements.!

I would say no to providing any LA or LL with copies of bank statements: they can have sight of payslips/ salary confirmation from employers etc

jcn1977

tbs624 wrote: »

I would say no to providing any LA or LL with copies of bank statements: they can have sight of payslips/ salary confirmation from employers etc

Yeah I went and got a letter from the bank confirming XYZ rather than showed them the actual pay details. Only an insane person would actually show anyone their bank statements. It shocks me companies would ask for this sort of data actually as it should be confidential. The conflation of data with the official confirmation of that data is quite dangerous.

On one hand we are expected to protect our data and told that ID theft is an ever growing threat, on the other to protect people from ID theft they demand ever more data... I read in the newspaper yesterday about a firm using jailed criminals in its call centres for example. Kafka couldn't have dreamed up a better system than what we have in this country.

Another thing I didn't like about the Homelet application was that it had no place on it for stating other income. I get a reasonable amount of money from an investment portfolio I've built up but I couldn't mention this anywhere, they were just interested in whether I had a job and how much that paid. No question for example about how much you have in the bank, which might be relevant to whether you can afford something to start with.