New Tenant Dilemma

[thirstylocket]

I have a property that I agreed to let on 28^th November.


The couple have paid the application fee to a well-known chain letting agent that I have used for years in Birmingham - to move in on 17^th January 2019.



But now I have the letting agent saying they can’t get a reference from the landlord – is this a cause for concern? I’m tempted to reject the application but I don’t know if I’m being overly cautious or not?



This is the email I got…



The tenants are currently going through referencing for the above property and all has been going smoothly however we have now come to a slight problem. Unfortunately their current landlord isn’t answering the phone/emails to the referencing company so they are unable to obtain a landlords reference. The applicants have provided 6 months’ worth of bank statements to prove they pay the rent on time every month however we are unable to ‘pass’ them without speaking to their current landlord.



Would you be willing to accept them as tenants without a landlord reference? This would mean you would not qualify for rent guarantee insurance.

[Flashback1966]

Look up land registry, try to locate the landlord.

Is there evidence of good payment e.g. regular bank transfers? Do they have a copy of their tenancy agreement with their landlord.

Ask tenants for help to get the landlord to answer.

Have you met the tenants? What does your gut instinct say?

[theartfullodger]

No landlord or agent HAS to give a reference. Some simply don't.

Ask for name & address of PREVIOUS landlord: He'll anyway give a more honest view (current ones sometimes want to get rid of tenant).

Agree, simply ask for copies of bank statements last 6 months to see regular full payments on correct date.

It's such a shame tenants don't demand references from landlords (of previous tenants stating they are OK - or not....)

[JK0]

You're better off contacting previous landlord.

Present one might want to keep them if they are good tenants, and get rid of them if they are bad tenants.

[thirstylocket]

Thanks, thats good advice. I'm going to reply to the letting agents email asking if they can get the previous landlord's reference.

[Interlaken]

Why not ask to meet them at their current premises and make a judgement on what you find. I would never let to someone I had not met.

[thirstylocket]

The letting agent has come back saying the tenants have lived in their current property for almost four years so they would not be able to use a previous landlords reference.

So I've decided to just put the property back on the market.

[jpkeates]

If I was their landlord you wouldn't have got a reference either.
I don't give them or ask for them.

If the lack of a landlord's reference is the deciding factor in letting to someone, the rest of the process has failed.

[boletus]

Standard industry practice, I'd walk away from a refusal to reference too.

https://www.salford.gov.uk/housing/i...ord-licensing/

Landlord licensing referencing

One of the licence conditions will require landlords to get tenant references. References allow the landlord to make an informed decision as to whether to let their property to the proposed tenant. It highlights the history of a tenant including any rent arrears or nuisance.

[leaseholder64]

My council makes it a condition of the licence that outgoing landlords give references and do so promptly.

[jpkeates]

My council makes it a condition of the licence that outgoing landlords give references and do so promptly.

That's interesting.
I can't imagine that that would survive a legal challenge.
Or that it produces any kind of useful reference.

[boletus]

My council makes it a condition of the licence that outgoing landlords give references and do so promptly.

It is also a condition of many competent landlord accreditation schemes.
And with good reason -irrespective of a landlords personal beliefs on the benefits of referencing, it is standard practice throughout the industry and as shown on this thread, refusal can stitch up good tenants through no fault of their own

[theartfullodger]

Leaseholder:. Presumably policed by refusing / cancelling licence of any landlord who doesn't comply?

Might be interesting to ask council if they also require tenants to give references for their landlords. (We know answer)

Legal challenge would be interesting, we'll wait to see if anyone tried.

[Ted.E.Bear]

The landlord hasn't refused, they just haven't contacted him, so it's obviously nothing to do with the tenant.

He could have gone on holiday, moved, retired, died, changed number, not answer unknown phone calls, or maybe the referencing company haven't tried very hard, who knows?

[JK0]

The letting agent has come back saying the tenants have lived in their current property for almost four years so they would not be able to use a previous landlords reference.

Ha ha. Or previous landlord found them a nightmare.