Letting agency refusing to rent to us because I have a default

joanw2od

If I sound stupid here I apologise. I’m new to this business with renting.

I’m currently 4 months pregnant and we’ve been looking for a new house to rent. My partner is the one who will pay all of the bills and rent due to my pregnancy and disability so I always assumed I’d just be considered a ‘permitted occupier’ like I am on our current tenancy agreement.

We found a house we like and put in an application. Because the letting agent saw I attended the viewing she insisted I applied for the property too even though I won’t be paying the rent at all. Usually letting agencies are fine with me just being a permitted occupier.

Either way I saw no issue with this. I was confident I’d pass credit checks on account letting agencies can supposedly only ask for public credit information such as CCJs and bankruptcies. We have neither.

Unfortunately I was wrong and the letting agency asked for our full credit reports supplied by ourselves. We handed them over and mine showed I had a default on a student overdraft. This has totally tipped them (and the landlord) over the edge and they’re demanding I supply ‘information’ about this default even though if they had just done a standard landlord public info check they would’ve never known about it. I also have no idea why this matters, on account my partner has told them six times I won’t be responsible for the rent!!!
I don’t know what information they want and it’s strange they’re even asking me to supply it when again, it’s not public information. I absolutely have no debts that are ‘bad’ such as CCJs, this was literally just a student overdraft that I forgot to pay for a couple of months...

We’ve had a glowing reference from our current landlord who has confirmed we pay the rent on time and promptly every month and are good tenants. I feel as though I’ve let my partner and our family down by having this default but I really did not think it would matter on a landlord check.

Any advice is great!

lees80

joanw2od wrote: »

If I sound stupid here I apologise. I’m new to this business with renting.

I’m currently 4 months pregnant and we’ve been looking for a new house to rent. My partner is the one who will pay all of the bills and rent due to my pregnancy and disability so I always assumed I’d just be considered a ‘permitted occupier’ like I am on our current tenancy agreement.

We found a house we like and put in an application. Because the letting agent saw I attended the viewing she insisted I applied for the property too even though I won’t be paying the rent at all. Usually letting agencies are fine with me just being a permitted occupier.

Either way I saw no issue with this. I was confident I’d pass credit checks on account letting agencies can supposedly only ask for public credit information such as CCJs and bankruptcies. We have neither.

Unfortunately I was wrong and the letting agency asked for our full credit reports supplied by ourselves. We handed them over and mine showed I had a default on a student overdraft. This has totally tipped them (and the landlord) over the edge and they’re demanding I supply ‘information’ about this default even though if they had just done a standard landlord public info check they would’ve never known about it. I also have no idea why this matters, on account my partner has told them six times I won’t be responsible for the rent!!!
I don’t know what information they want and it’s strange they’re even asking me to supply it when again, it’s not public information. I absolutely have no debts that are ‘bad’ such as CCJs, this was literally just a student overdraft that I forgot to pay for a couple of months...

We’ve had a glowing reference from our current landlord who has confirmed we pay the rent on time and promptly every month and are good tenants. I feel as though I’ve let my partner and our family down by having this default but I really did not think it would matter on a landlord check.

Any advice is great!

Firstly - you haven't let anyone down. Everyone has a history, some good, some less so. Nothing to be ashamed of.

Slightly dramatic - wouldn't call what they're asking for being tipped over the edge in any way. How old is the issue they're referring to? Is the explanation really as simple as you've said or more to it?

There is no such thing as a standard landlord public info check. What will usually be carried out is a credit check. A credit check will absolutely show up any recent (within 6 years) non payments / missed payments etc.

It doesn't matter what your partner has said to them about you being responsible for the rent. I would imagine what they are asking for is an explanation of the missed payments, what led to it etc.

The solution is very simple - ask them what information they're looking for from you. Either give it to them (lets them make an informed decision, and might agree to letting the property) or don't give it to them and look for somewhere else.

AdrianC

If you think this agent are unusually onerous, then surely the answer is simple - find a property being rented through a different agency. Vote with your wallets, by not giving any landlord that uses this agent your business. If every potential tenant does the same, then the agent will be faced with losing their customers, as landlords move to other agents.

Remember, the ultimate decision is the landlord's. The agent merely advise them.

You are almost certainly not the only putative tenant for this property. The landlord is looking at all the applicants, and choosing from them. If they don't like the look of any of them, for whatever reason (subject to discrimination on grounds in the equalities act, obvs...), then they can choose to remarket.

giraffe69

Something doesn't quite ring right here. How do you forget to make a couple of payments re student debt? Isn't it done by DD? In any event would you not have got a number of reminders before it got to the point of default? Did you ignore those? Wouldn't the default be on Experian or whatever credit agency they used to check?

If you don't wish to be considered (other than a permitted occupier) let your OH sort it out on his own without mention of you.

Bexgrossman

giraffe69 wrote: »

Something doesn't quite ring right here. How do you forget to make a couple of payments re student debt? Isn't it done by DD? In any event would you not have got a number of reminders before it got to the point of default? Did you ignore those? Wouldn't the default be on Experian or whatever credit agency they used to check?

If you don't wish to be considered (other than a permitted occupier) let your OH sort it out on his own without mention of you.

Student overdraft she forgot to pay? Yeah I don't understand, it sounds like she was going further into the overdraft?

AdrianC

Not just an overdraft with a couple of late payments, but a default. Did that default (and CCJ?) get satisfied?

Cakeguts

The person who decides who gets to rent their property is the landlord not the letting agent. The letting agent tells the landlord about all the people who have shown an interest and the landlord decides who to let to. It is quite possible that the landlord has a choice of who to let this property to and has decided to let it to someone who doesn't have a default and who is a lower risk.



If the landlord has decided not to let the house to you there is nothing you can do about it and you need to start to look for a different house.



Just to warn you as well. Some landlords will not allow you be a permitted occupier they will want your name on the agreement as well. The best thing you can do is to sort out the default.

parkrunner

"Letting agency refusing to rent to us because I have a default"

No they're not they are simply asking for more information.

GDB2222

"this was literally just a student overdraft that I forgot to pay for a couple of months..."

All you can do is give them the details. Have you caught up with the outstanding payments?

I'm afraid that they are perfectly within their rights. All you can do is convince them that you'll be great tenants. I hope it goes well.

phill99

Reality is It's a free market and the landlord can decide to rent (or not rent) to who ever he wishes.

Smodlet

Sorry to be harsh but just what do you mean by "just a student overdraft"?

A debt is a debt; perhaps the LL thinks the same. A cavalier attitude to any debt is never going to sit well with a LL or with anyone to whom you might end up owing money. As others have advised, look elsewhere.

FYI, if you will be living in a place, you will probably be deemed to be a tenant and therefore jointly and severally liable for the rent (AdrianC, please correct me if I am wrong)

What if your partner left you? What should the LL do? Pursue him/her all over the country or come after you for the rent?

If your credit history does not stack up, you will not be viewed as an attractive prospect.