Letting Agent Pushing Tenants

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    Letting Agent Pushing Tenants

    The rental property is in Scotland and yes I am complying with all necessary legislation.

    A letting agent manages the property as I live overseas. The last tenant moved out a few weeks ago to move in with her partner and was no bother at all. Lots of viewings after the tenant moved out and the letting agent put forward a professional couple who want to move in soon. Only one tenant passed the referencing for his share of the rent although as a joint tenant would be jointly and solely liable for the whole rent. Can't pass affordability for the whole rent on his own though and some quick calculations tell me that he can't be working full time because he earns less than minimum wage if he is full time. The other tenant has zero affordability because she is a student but has significant savings and lives off money sent by her parents.

    My spider senses are telling me no and the letting agent is saying the tenants want the property no matter what. I'm tempted to say no to both the tenants and find a new letting agency. I'm interested to know what more seasoned landlords would do in this situation.

    #2
    This happened to me, My letting agent said to the partner who did not pass the affordability test to provide a Guarantor, which they did. There is supposed to be such a shortage of rental properties that I would keep taking viewings. At the moment without a Tenant can you change Letting Agencies ?

    Comment


      #3
      What is wrong with "significant savings"?

      The whole notion of PAYE income being the arbiter of some sort of binary "check" is what gets people into trouble.

      Does she have £50K in the bank? £100K?

      Comment


        #4
        I have no idea what the letting agent considers significant savings but I think it’s clear to me that my definition of professional is different to the agents. Reading between the lines her savings can’t be that significant if her family, who live overseas, send her money to live off which is apparently how the rent will be paid in the future.

        Comment


          #5
          Piffy,

          I think what really irks me is that the letting agents stopped viewings after the first couple of days for this “professional” couple who aren’t professionals and it appears it is the letting agent, not the tenants painting them as such. Lazy gits.

          Yes, I could change agent. I’m not desperate to get a tenant in and I can afford to wait.

          Comment


            #6
            Sounds to me that you are not hands-on enough to protect yourself. Have you actually spoken with these people?

            Comment


              #7
              The prospective tenants? No, I’m on the other side of the world and when I tried to be more involved when letting to the previous tenant the letting agent started going on about GDPR which is another reason I’m thinking of changing.

              Comment


                #8
                Run a mile (from the agent, not the tenant necessarily). You ALWAYS pick tenants by speaking with them YOURSELF. An agent who quotes GDPR to you in this context is -- to put it simply - a crooked crook.

                Comment


                  #9
                  I did think it was cobblers. I have a contract with the letting agent. I have a contract with the tenant. The tenants and letting agent do not have a contract with each other. I pay for the referencing so why can’t I get involved?

                  Comment


                    #10
                    The ICO (who control GDPR compliance) many years ago confirmed that it was perfectly fine for a letting agent to give information to landlords, provided the agent had made it clear that this would happen.

                    It is therefore good practice for letting agents to do this (it's only some words on their application form).
                    So any agent who feels unable to pass on information because of GDPR is basically saying that they don't know what they're doing.

                    I'd simply tell the agent that they are not to let the property to these people and to find you acceptable tenants.
                    Or sack them on the basis that they're not doing the job well enough.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      jpkeates,

                      That is useful information, thank you.

                      I haven't heard back from the agent assigned to my property since I emailed back saying that my idea of professional and theirs clearly differs. I feel as if the agent has misrepresented this couple from the get-go and has just gone with the first people who viewed and expressed an interest in the property. That has wasted a month. I'm going to contact the owner of the agency.

                      Comment


                        #12
                        I would go with your gut, if you're not happy either with the agent or the tenant then don't go with either. In the circumstances I wouldn't have any of them, I'd suspect the tenant is the agent's mate (but I may be a bit too cynical).

                        Comment


                          #13
                          I have received a response from the owner of the agency. Apparently, “When someone puts in an offer you have to have a valid reason of refusal.” Then the owner goes on to say, “I will speak to [insert letting agent’s name] tomorrow and if they do not tick all the boxes, we will look to refuse the application.”

                          Why is it not acceptable for me to not want to take 6 months rent in advance because the tenants cannot pass the affordability checks? Why does the letting agency think it is down to them, and not me, to refuse an applicant? Is it common practice for letting agencies to accept the first applicant that comes along on the first day of viewings?

                          I’m a bit cheesed off at the moment.

                          Comment


                            #14
                            Originally posted by jpkeates View Post
                            The ICO (who control GDPR compliance) many years ago confirmed that it was perfectly fine for a letting agent to give information to landlords, provided the agent had made it clear that this would happen.

                            It is therefore good practice for letting agents to do this (it's only some words on their application form).
                            So any agent who feels unable to pass on information because of GDPR is basically saying that they don't know what they're doing.

                            I'd simply tell the agent that they are not to let the property to these people and to find you acceptable tenants.
                            Or sack them on the basis that they're not doing the job well enough.
                            I think things regarding the ICO might have changed. Apparently landlords do have to register if they want to see tenant data over and above the rent paid.

                            https://www.nrla.org.uk/news/gdpr-ic...ation-reminder

                            Comment


                              #15
                              Originally posted by DoricPixie View Post
                              I think things regarding the ICO might have changed. Apparently landlords do have to register if they want to see tenant data over and above the rent paid.
                              Landlords have always had to register.
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

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