References for joint applications

  • Filter
  • Time
  • Show
Clear All
new posts

    References for joint applications

    I have a property which was let to 2 tenants under a joint application for AST.

    The tenants were a mismatch. One was a high earner the other not so.

    During the reference check the agent either by mistake or otherwise reduced the rental amount on the reference form.

    This meant both tenants individually could pass the 40% rental vs income criteria based on one half of the rent each.

    Now if the correct rent had been entered only one tenant would meet the 40% criteria based on one half of the rent each.

    I lodged a compliant but the agent states that only "combined" income is relevant. Thus even though a mistake occurred both tenants PASS on this fact.

    However I maintain that the reference form should note that one tenant with the lower income requires the other tenant to meet the rent. I also state to the agent that the higher earner cannot cover total rent so they've mislead me. The mistake they made has effected my position and I was not in possession of all the facts when I proceeded with the tenants.

    I'm now taking the agent to court as tenants ended up subletting and causing damage etc.

    Question is; is it fair of the agent to only use "combined income" - surely this can't be the case? If they individually reference each tenant why would they only use a combined value?

    Have you suffered a financial loss?

    IMHO as the tenants have joint and several liability then their joint income is what matters.

    The tenants actions are not your agents responsibility - you sue the tenant for any financial loss they caused. If you can not recover from the tenants then you may have a consequential loss claim but only if you can prove you suffered the loss as a result of the agents breach. I am not convinced you would be able to do that - but you have more facts than I.

    FWIW, I took an agent to court in 2009 on a similar basis (well no refs in my case) and won.


    Latest Activity


    • New agent not paying landlord
      by Cpark
      Folks I wonder if anyone can help me here, I have had the worst few years with my properties, the previous agents filled my properties up with delinquents and refused to pay the full sum, we lost 8 months of declining rents. Then was introduced to a new set of agents who really were impressive and opted...
      24-01-2022, 00:27 AM
    • Reply to New agent not paying landlord
      by DoricPixie
      I'm not sure I understand. Why would the letting agency want 4 months rent free? Is this one of these arrangements where you let the properties to the letting agency and the letting agency then sub-lets the properties to other people?
      24-01-2022, 20:43 PM
    • removal of letting agent
      by yeahremy

      another topic on this but apologies as i cant find my answer on the other ones.
      My letting agent messed up the check in and check out report. Basically they keep telling me to pay the deposit back without really checking the reports.
      2y ago I had new tenants who moved in...
      24-01-2022, 16:12 PM
    • Reply to removal of letting agent
      by Landyman
      Is this the same agent that you were complaining about in October 2018?

      I think the replies you received then are still applicable
      24-01-2022, 18:45 PM
    • Reply to No Rent received from Agent
      by Cpark
      Hi can you tell me how you’re proceeding I’m in a very similar situation thank you...
      24-01-2022, 00:32 AM
    • No Rent received from Agent
      by racer69
      Hi, all, my tenant left the property and handed the keys in on Dec 6th, that is when I normally get my rent from the agent or a few days after. As no such payment was forthcoming I went to the office after approx a week to see and was told they had been in and taken pictures of the poor condition of...
      21-12-2021, 20:47 PM
    • Reply to on resident landlord regisitration.
      by SandPit
      Wanted to post a quick update in case this is useful for anybody else.

      There is no fee for the letting agent to register with HMRC to handle NRLs, all they need to complete the inline form.
      As soon as a letting has registered they need to start collecting tax on behalf of the HMRC....
      22-01-2022, 07:42 AM
    • on resident landlord regisitration.
      by SandPit

      I am a non resident landlord. My letting agent has stated they are required to have 5 or more NRLs to register with the HMRC. Is this correct? Is there a fee to the letting agent?
      09-01-2022, 08:30 AM
    • Reply to Forwarding address enabled in CFP Winman
      by ethanlee
      Hi jpkeates,

      Many thanks for your reply. What you have suggested make sense to me. I will contact the software supplier for more information then.

      -- Ethan
      21-01-2022, 10:17 AM
    • Forwarding address enabled in CFP Winman
      by ethanlee
      I recently has some dispute with a property management agent about changing my correspondence address. I own a flat A and after a couple of years, I moved out to a house, but I still own that flat. After I moved out, I asked property management agent to change my correspondence address in their system,...
      20-01-2022, 14:38 PM