Can An Estate Agent Refuse To Issue A Reference For New Private Rental?

schnide

Hi All,

Can an estate agent refuse to issue a reference for new private rental? The circumstances are below.

My friend S is waiting to move into a new private rental with her friend, G. However, they can't do so until they've both provided references. S has already done so but G has been unable to get one.

G has been living in a private rental for two years with current housemates, who have all asked their landlord to surrender the contract. The landlord has agreed to this, all managed through the managing estate agent.

However, the (well-known London and international) estate agents are refusing to write G a housing reference until the agents have found new tenants for G's current property.

The inability to provide both references is putting S&G's new property into serious jeopardy, with a deadline of Friday of it falling through completely.

So my question is - is it legal on the agent's part to refuse a reference under these circumstances and is there anything that S&G can do?

With appreciation in advance :T

schnide

Cakeguts

Why would you think that it is not legal? It isn't usually the agents that write the reference it is usually the landlord.

AdrianC

schnide wrote: »

However, the (well-known London and international) estate agents are refusing to write G a housing reference until the agents have found new tenants for G's current property.

Or, in other words, until their business with G has concluded.

Doesn't seem unfair.


There's no legal right to any kind of reference, only that any provided have to be accurate and honest.

schnide

Cakeguts wrote: »

Why would you think that it is not legal? It isn't usually the agents that write the reference it is usually the landlord.

G has had no real dealings with the landlord - everything's fine through the estate agent.

It's not that I think it is or isn't legal. As we'd like to get a reference, I'm asking if it isn't in case that's something we can use in our favour since S is my friend and I'd like her to not lose her new property. It seems unfair that she might do so when G's landlord has agreed to end her contract too.

schnide

AdrianC wrote: »

Or, in other words, until their business with G has concluded.

Doesn't seem unfair.


There's no legal right to any kind of reference, only that any provided have to be accurate and honest.

You don't consider the landlord ending the contract as that business being concluded? Genuine question, not intending to be combative.

If there is no legal right then so be it, sad as it may be for my friend.

need_an_answer

Are you not able to ask the LL direct for a reference after all that's who the contract was with.

The agent is just an additional layer.

Maybe if G has had no real dealings with the LL this might be the one time that its quicker and easier to go direct to them.

Pixie5740

schnide wrote: »

You don't consider the landlord ending the contract as that business being concluded? Genuine question, not intending to be combative.

If there is no legal right then so be it, sad as it may be for my friend.

Has the contract ended or does it only end once new tenants take up occupation of the property?

There is no legal right to a reference and some [STRIKE]gits[/STRIKE] letting agents will only provide a reference if the former tenant pays for it.

Has your friend approached the landlord rather than the letting agent for a reference? The landlord might be more accommodating since it's the landlord who had a contract with your friend and not the letting agent.

theartfullodger

Neither a landlord nor an agent has to provide any reference for any tenant.

Any more than a tenant has to provide any reference for a landlord or an agent: Now there's a thought, tenants only prepared to do business with landlords and agents if the landlords and agents have impeccably good references.

schnide

Thanks all for the feedback. The consensus definitely seems clear there's no legal requirement to provide a reference here.

I did also suggest to S that G could try asking the landlord directly and will see if that's been tried already.

I wish everyone a great rest-of-week!

need_an_answer

The LL would be very capable of giving a reference if they wish to.

a polite request is all that should be needed.

No need to involve the agency.

The last reference request I was asked to complete was very short it consisted of 2 questions

Has rent been paid on time

and would I rent to this person in the future.

Alter_ego

schnide wrote: »

Thanks all for the feedback. The consensus definitely seems clear there's no legal requirement to provide a reference here.

The consensus is correct. There is never a legal requirement for anyone, any employer, or any department to provide one ever.