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Lodger lied during application, outcome on page 29...!

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  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    I wasn't aware that a landlord was able to do a background check that will list a potential tenants criminal convictions. 
    Normally not.
    My assumption was that the OP works in a field where his employer can make these checks. OPsaid:
    I also stated that because of who I work for (and it's work from home a lot of the time - access to equipment etc), my employer requires a standard background check.
    Presumably OP obtained the lodger's consent, and the employer did the check.
  • GDB2222
    GDB2222 Posts: 26,163 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You can do your own basic check?
    No reliance should be placed on the above! Absolutely none, do you hear?
  • I wasn't aware that a landlord was able to do a background check that will list a potential tenants criminal convictions. 
    Normally not.
    My assumption was that the OP works in a field where his employer can make these checks. OPsaid:
    I also stated that because of who I work for (and it's work from home a lot of the time - access to equipment etc), my employer requires a standard background check.
    Presumably OP obtained the lodger's consent, and the employer did the check.
    You're correct. My employer requires anyone who will be living at the address to undergo a standard check. It was them who supply the forms for Credence background screening. The lodger was fully well aware that a check was going to be carried out AS HE FILLED IN THE FORMS AND PROVIDED DOCUMENTS to them. His declaration to me on the lodger application however stated that he has no criminal convictions.

    Everyone's view is different, but I'd already credit and ID checked the guy. Obtained an employer reference and had all his bank statements provided going back a year. There was very little to suggest this would come up when everything else checked out. Owing to the criminal checks often taking a few weeks to complete, I've allow in the past someone to move in on the condition their declaration matches what comes back.

    Even if it didn't and it was a minor offence and a one off, I'd probably overlook it (Unless it was financial crime, employer would instantly object which give's a clue about my line of work). 

    Can people change? Of course they can, but he lied about all of this and that's the issue and why he's going. Had he explained it upfront, I'd have probably still said no based on the information that come back about what he did to his ex and his son. Does that mean he's going to be aggressive to me? Probably not as I'm not a love interest for a start which underpins all of his past offences, and he's apologised for lying. I believe he's going back to his mums from a call I've overhear.

    It does look like he'll happily go, realising that lying was not going to make him look very trustworthy and he would like his £500 deposit back. I'm doubtful he'd cause any drama to jeopardise that. He did say he's been out of trouble for two years, which is true - But we go back to the lying again in the first place... ;-) 
    I've sold my signature spot as an NFT.
  • unforeseen
    unforeseen Posts: 7,381 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I wasn't aware that a landlord was able to do a background check that will list a potential tenants criminal convictions. 
    Normally not.
    My assumption was that the OP works in a field where his employer can make these checks. OPsaid:
    I also stated that because of who I work for (and it's work from home a lot of the time - access to equipment etc), my employer requires a standard background check.
    Presumably OP obtained the lodger's consent, and the employer did the check.
    You're correct. My employer requires anyone who will be living at the address to undergo a standard check. It was them who supply the forms for Credence background screening. The lodger was fully well aware that a check was going to be carried out AS HE FILLED IN THE FORMS AND PROVIDED DOCUMENTS to them. His declaration to me on the lodger application however stated that he has no criminal convictions.

    Everyone's view is different, but I'd already credit and ID checked the guy. Obtained an employer reference and had all his bank statements provided going back a year. There was very little to suggest this would come up when everything else checked out. Owing to the criminal checks often taking a few weeks to complete, I've allow in the past someone to move in on the condition their declaration matches what comes back.

    Even if it didn't and it was a minor offence and a one off, I'd probably overlook it (Unless it was financial crime, employer would instantly object which give's a clue about my line of work). 

    Can people change? Of course they can, but he lied about all of this and that's the issue and why he's going. Had he explained it upfront, I'd have probably still said no based on the information that come back about what he did to his ex and his son. Does that mean he's going to be aggressive to me? Probably not as I'm not a love interest for a start which underpins all of his past offences, and he's apologised for lying. I believe he's going back to his mums from a call I've overhear.

    It does look like he'll happily go, realising that lying was not going to make him look very trustworthy and he would like his £500 deposit back. I'm doubtful he'd cause any drama to jeopardise that. He did say he's been out of trouble for two years, which is true - But we go back to the lying again in the first place... ;-) 
    Surely there is a breach of GDPR here. The employer should only have given you a go/no go, not told you what the convictions were. 
  • There's no breach of GDPR given he provided consent for the results to be obtained and shared. This is explicitly asked during the application to carry out the check and he's given the choice. You can actually refuse not to share the result and receive a paper certificate personally instead (named and addressed to him and all we'd receive is a confirmation the check is completed), but then we'd naturally ask if he'd share that with us. He could still refuse, and then of course I'd be having a discussion about what he's possibly hiding.

    My employer has very robust policy in place which was also provided to him, surrounding justification for needing the check to be carried out, how the data is processed, data retention and secure erasure. 

    I'm sure they've covered all the bases as they are under a lot of scrutiny all the time from various avenues for compliance. Furthermore, nothing that's personally identifiable to him has been shared here.
    I've sold my signature spot as an NFT.
  • GDB2222
    GDB2222 Posts: 26,163 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What I meant was that my wife has just got a check done on herself, as she volunteers for various charities. My daughter, who does some freelance tutoring, also has run a check on herself. 
    No reliance should be placed on the above! Absolutely none, do you hear?
  • No GDPR breach. Why do people love quoting that.

    He needs to go. Give him deposit back and thank your lucky stars that's all it is costing you.

    No sensible other course of action.
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    GDB2222 said:
    What I meant was that my wife has just got a check done on herself, as she volunteers for various charities. My daughter, who does some freelance tutoring, also has run a check on herself. 
    I think there's some ambiguity caused by loose definitions. What does OP mean by 'basic check'? What doe others think it means etc etc.
    So far as crimial checks is concerned, this may help:


  • GDB2222
    GDB2222 Posts: 26,163 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 24 January 2022 at 8:52PM
    GDB2222 said:
    What I meant was that my wife has just got a check done on herself, as she volunteers for various charities. My daughter, who does some freelance tutoring, also has run a check on herself. 
    I think there's some ambiguity caused by loose definitions. What does OP mean by 'basic check'? What doe others think it means etc etc.
    So far as crimial checks is concerned, this may help:


    Thanks. That clarifies things quite a lot. So, anyone thinking of taking on a lodger could reasonably ask the lodger to obtain their own basic criminal record check. 

    And vice versa! The lodger is just as entitled to know whether the landlord is a menace.

    It is only £23, so maybe we should all have one?
    No reliance should be placed on the above! Absolutely none, do you hear?
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