Hi gents,
I've been in a rental flat for the past three years. It's owned by a rather fiery Italian gentleman and his wife who used to live here, and now rent it out as their only rental.
I won't write an essay but basically he's failed our reference for our new place, due to saying he wouldn't rent to us again. Despite already extending our tenancy once, and asking if we were staying on again this year before we chose to leave.
He did a pre move out 'check' yesterday which I was happy to accommodate and we agreed I'd replace a set of curtains that were ripped and that I'd clean or replace a bathroom radiator which has some rust on it.
The letting agents asked why they wouldn't let again and they said they were angry we switched off the heating over christmas while we went home. The letting agents find this as baffling as I do.
I know there is very strict rules around employment references and damaging references can be challenged. Is there something in place for this with landlords? Very likely I will lose the new flat the fiance and I were moving into next week, and all the fees already paid. Nevermind the search for another new place and extra fees again.
Cheers.
Much as it pains me to say this, tell him you’ll stop paying rent and become a nightmare for him. Tell him that the only way he’ll get you out is by gong through the courts and you’ll drag it out as long as you can. It’ll cost him a fortune.
His other option is to give you a good reference so you can move on quickly.
Have a read of this:
https://www.landlordzone.co.uk/infor...ng-a-reference
"However, most landlords wish to co-operate and should always provide truthful and factual information, bearing in mind that giving misleading information could have legal implications:
If your tenant is rejected by you giving false negative information"
The problem is that while you may have legal recourse, that's no help in the short term and, at best, expensive to pursue by engaging a solicitor.
You say "The letting agents find this as baffling as I do." In that case, can they not bring some influence to bear, if they know that the reference is, at best, misleading? Are you using the same agent for your new place?
FWIW "switch[ing] off the heating over christmas while we went home" wasn't a great idea and could have resulted in serious problems if pipes had frozen. It didn't though so the poor reference isn't justified.
Originally Posted by anton863
Last edited by David_D; 19th April 2018 at 11:39.
Why not ask the letting agents if they can give you a reference as they know your history?
Also is it the same agent you are wanting to rent through? If so they should be able to speak to the new landlord.
If you stop paying rent you ain't going to get a good reference!!
It's a new agent for our potential future property who are dealing with all this. They have spoken to the current landlord who gave those reasons to them. They are going to speak to the new landlord and see if she will accept us with the failed reference (which cannot be changed). We have met the new landlord and she seemed very nice, and the letting agency also seem very positive so I'm hopeful she'll do that. But it's a needless risk on her part and she can't be blamed if she turns us down.
I'm refraining from any anger or threats at the moment. The current landlord thrives on confrontation and I'm sure it would escalate very quickly so still sticking with the softly softly approach that I thought had worked fine yesterday! If this new rental falls through then who knows.
The balance of power here is quite worrying. New tenants moving into a new flat have no way of knowing what the landlord is like, or any way of asking previous tenants that information prior to them moving in. Yet someone moving literally cannot get another house without the express approval of their previous landlord, who could have any agenda.
In that case (and depending on how much you want the new place and funds available) offer an extra deposit. I've had tenants who didn't quite fit the criteria. One offered 6 months up front as they moved into the area and only 1 had a job. Another offered me an extra £300 deposit as they had an old dog which I normally wouldn't have taken but was happy with that.
You never know, but an extra £200 or £300 deposit might secure it?
It's a sickener and no comfort to you but the legal odds are stacked against landlords. You try removing a tenant who suddenly decides to stop paying rent!
The agent for the current landlord should be saying they will not act for him in future unless he gives an honest reference.
The London rental market is very dissimilar to the rest on the country.
The agent for the current landlord is oblivious to all this I'm sure and wouldn't care if they did know. They are just happy if he uses them again to fill the place after I leave (which he has).
I may try the deposit increase, or offer to pay 6 months rent in advance, if I get a negative response today from the new landlord. Money isn't an issue and the fiance really liked this place so would be a real blow to lose it.
Would love to be able to just change the locks and make him go through the courts for 6 months to get me out. But I'm in a good job, getting married in 6 weeks and will be buying a place in a year or two so not really feasible! Would love the next tenant to do it though!
I didn’t say stop paying rent, I suggested he says that he would.
Having said that, if he did stop paying rent and it was likely to lead to an elongated eviction procedure, any sensible landlord would give a good reference in order to get rid of the tenant as soon as possible!
That's what I don't get. Even if they did have a valid issue, we had already had an inspection and I had agreed to fix the few minor gripes they had. I'd have been rubbing my hands together and thinking so long, sending the reference and never seeing me again.
Now instead at the very least they have a number of calls today from lettings agents, new landlord etc trying to sort it. And worse a whole lot more hassle from potential legal action or the tenant deciding to do something silly in retaliation. Just no plus side to them doing it at all.
Then they get sued by subsequent landlord for giving a false reference!
It's a ridiculous way for him to carry on and he is a complete idiot by the sound of it.
The idea is to highlight any good points whilst downplaying the negatives.
To be honest, it’s a stupid system which needs an urgent overhaul so bad tenants can be easily and cheaply evicted. I never liked the fact that without giving a decent reference it was more costly and time consuming to get them to leave. Fortunately I only ever had two bad ones.
The new landlord decided to take us on despite the reference. She had met us at a viewing which helped. Also the estate agents dealing with the tenancy had spoke to the old landlord on the phone and found them as uncooperative and nonsensical as I did so think they basically advised the new landlord to ignore it totally.
Bit of a relief I won't be homeless in a week but I expect some more shenanigans at the check out!
Thanks for all the responses.
Good news - enjoy your new home.
A correctly written reference should make it clear there is NO duty of care to the next landlord. That is precisely why any reference should not be taken as gospel.
Well done on securing your new place and good luck in getting your deposit back in a timely fashion from that cantankerous old bastard!
Glad you secured the next flat. Life is too short for vengeance, but I would get in contact with the new tenant and give them a heads up.
That’s a good point, maybe there should be a tenant reference for landlords system in place,
Although I could imagine that would get abused even more.
Cheers..
Jase
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