Landlord has given negative reference - preventing house move

Raan91

[EDIT]

Thanks to all who replied! I will pass your advice on to my sister.

G_M

Unfortunately there is no right to the reference.

If she can prove libel she might have a legal case against the writer of the reference, but such a case would take months, and cost money, with an uncertain outcome.

Around 1 month ago she received a letter from the estate agents where she rents her property from which informed her that her landlord is requiring possession of the property in March.

The best approach is to consider this 'Notice'. What exactly was it and what did it say? Was it an informal 'letter' or a S21 Notice?

If a S21 Notice:
* what date was it servd (delivered)?
* what was the 'expiry date'?
* Has she paid a deposit? On what date?
* was he deposit registered? On what date?
* was the Prescribed Information issued to her? On what date?

Just because she has been 'told' to leave on zz March does not mean she has to leave. Only a court can force her to leave (hence all my Qs above).

It would also help to know what tenancy she has:

* Does she have 'exclusive occupation' of the property, or does she share with her landlord?
* Does she have a fixed term tenancy? Start date? End date or length?
* Is her tenancy 'periodic' (monthly or rolling)?

thesaint

How did they know about the small house warming party?

RAS

Assuming England and Wales

The LL is a twit then.

Does your sister realise that she is under NO obligation to leave at the end of the S21 notice. She can stay until evicted and that could take 4-6 months?

In the mean-time write (pen and paper) to the LL and advise them that they have slandered (oops written is libel) her. Add what you put above and demand that they in future they only write accurate information.

Also advise the LL that as a result of their reference she will not be leaving when they want her to. Has she changed the locks? if not, change the barrels now.

pmlindyloo

Click on this link:

http://homeguides.sfgate.com/landlord-not-want-give-good-references-57440.html

Some good ideas how to move forwards.

Tiddlywinks

19 year olds (or any other age) with a 2 year old can still be noisy.

You start by saying it's just one occasion with a noisy TV and then cite an occasion which ended with a broken window... ?????

You also say your sister is the tenant but you seem to say 'we' an awful lot.

Anyway, you could speak to the shelter helpline for some advice or the local housing officer.

You can ask for a copy of the reference (Data Protection Act) and then it would be a comparison of evidence to prove whose account of the situation is accurate.

Do you have any evidence to refute the bad reference?

Mulder00

Did the estate agents give any reason for the landlord wanting possession of the property?

Raan91

thesaint wrote: »

How did they know about the small house warming party?

I'm not sure they even knew about the small house warming party. In all honesty, it was not even a party, just a few of her friends around for wine. What I meant by that statement is that the reference indicates she held frequent house parties, when in retrospect, that was the only "party" she has even thrown.

2bFrank

The landlord and estate agency have shot themselves in the foot. If the landlord needs possession, then they should have given a good reference for you to move, or a least a neutral one (e.g confirm that you were a tenant, and rent is upto date).

If it was me, and I am a right stubborn b******d I would play hard ball, tell the estate agent or landlord that you cannot move as they have given a bad reference, and that you will be staying after the S21. Change the locks whilst you are at it.

Raan91

19 year olds (or any other age) with a 2 year old can still be noisy.

This is true. But in your opinion does that constitute towards "holding frequent parties" and "Anti-Social Behaviour"?

You start by saying it's just one occasion with a noisy TV and then cite an occasion which ended with a broken window... ?????

She was watching television and talking. The neighbour came around, the television was turned down, but that wasn't good enough and he overreacted by smashing the window. He overreacted big time. The television was not on loud enough to elicit such a viscous reaction.

You also say your sister is the tenant but you seem to say 'we' an awful lot.

Because at the moment I am staying with her for 3 days a week whilst I carry out some work experience around the corner from her house.

TBagpuss

Is it possible that the landlord has sent the wrong reference?

I would start by ptting in a written request for a copy of the reference.

Say somethign such as "I belive that there may have been a mix up with the reference. I was told that the reference supplied to [potential landlord] stated that:
- I frequently hold noisy parties
- I displayed anti-social behaviour.

I have been living at the property since [date] and have never held any parties.
I am not aware of any allegations of anto social behaviour and have not been informed, at any time during my tenancy, of any complaints or concerns.
I did on one ocassion have to make a complaint to the police as a result of anti-social behaviour and aggression by a neighbour - this was resolved with the neighbour being warned about his behaviour and agreeing to pay for the damge he caused.

I therfreo beliove that wither the wrong refernce has been sent by Landlord or alternatively that the wrong records were accesed in order to write the reference, leading to false allegations being made about me.

Pelase provide me, as a matter of urgency with
(1) a copy of the reference provided
(2) If it is asserted that the reference is accurate, full details of the specifc 'anti-social behaviour' alleged, including the relevant dates and the nature of the alledged behaviour, and full details of all dates on which it is alleged that loud parties took place. Please also provide copies of any record relating to any contact made with me in relation to these allegations.
(3) If it is accepted that incorrect information was provided, please provide a corrected reference and confirm and a letter confirming the error which I can produce to the [prospective landlord]."