Tenancy Referencing and Credit Checks

Cola133

We're interested in renting a property and the Landlords have accepted us so we are going through to referencing, the problem is we don't want the referencing agency to contact our current Landlord until we have passed all the other areas of the referencing - the reason being that our current elderly Landlady has already mentioned she is considering selling, but she will give us another 6 month AST which we are due to sign in March. So we don't want to 'rock the boat', until we are assured that we pass the other credit and reference checks.

The trouble is, the new Landlords/letting Agent, use an outside company for credit and referencing, 'Rent4Sure' who insist we give our current letting agent details, it's all online and very non-human orientated, but from what I've read they do every kind of in-depth detailed search apart from a a colonoscopy!!!! I don't think we have any option but to pull out of the new property, 'just in case' the credit checks don't meet their criteria. Can anyone think of a way around this please? I just don't think, in these times of high competition for rentals, that I can risk my current rental/roof over our heads. Thank you for any help.

anselld

Your current roof is not at risk whether you sign a new AST or not.  Your current contract would continue if you do not sign or if it was not offered and it would probably take at least six months to evict you.

Cola133

anselld said:

Your current roof is not at risk whether you sign a new AST or not.  Your current contract would continue if you do not sign or if it was not offered and it would probably take at least six months to evict you.

Thank you for such a quick reply. We are currently just on a rolling tenancy contract. We were told a couple of weeks ago by our current letting agent that Landlady is considering selling. Then they came back and said they would like to put the rent up (which is fine) and they gave us a months notice of the increase, so we are due to sign a new AST, and start paying the increased rent, at the beginning of March. But, due to needing more space and finding a perfect rental we would like to leave. However, the market is SO difficult in my area (South East) that I think if the referencing agency were to contact our current Landlady now, she may well withdraw the AST renewal and give us 2 months notice - so potentially we may not get the new rental and 'shoot ourselves in the foot' with regards to staying in our current rental for 6months and maybe more if she lets it roll on.

I'm worried sick about making ourselves homeless. We won't qualify for council help and trying to beat competition for rentals around here is almost impossible... LLs can choose who they want and due to ages, we perhaps are not as desirable as a professional working couple. Thank you again

welly_59

What is your concern on the credit check? Tenancy checks are very limited in their scope. They cannot see your payment history. They cannot see any defaults.

They can only see matters of public record such as ccj's or bankruptcy 

anselld

You can agree a rent increase without signing a new AST.  As mentioned earlier it will take a lot longer than two months to evict you if that is what the Landlord decides, but why would they if you are paying the new agreed rent.
I would also suggest that you speak directly to the Landlord and explain your situation fully whilst expressing your agreement to the new rent.  It may not be what the Landlord wants in the ideal world but most will be happy to continue with a good paying tenant for as long as that is available rather than take eviction action.  The agent motivations are different, they are just seeking renewal or reletting fees from the Landlord.  Hence it is important to communicate your position directly to the Landlord rather than risk the Agent feeding them poison about you.

LegallyLandlord

You don’t need to sign a new agreement. You can agree to the new rent and go into a rolling monthly periodic tenancy where you can give one month’s notice and the landlord 2. 

If the landlord is selling, having an increased rent will help the value, and you not being in a fixed term will give the buyer flexibility (eg landlord may want to refurb, buyer might want to live there). 

As someone said, agents like renters signing up for another fixed period as they can charge the landlord a renewal fee. Unless you want to stay another year, it’s best to keep your options open