Potential tenant - Criminal records check.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Potential tenant - Criminal records check.

    Can you find out if a potential tenant has a criminal record.

    #2
    No, other than by asking them and explaining that you are relying on their answer in order to consider granting a tenancy.
    If you subsequently find that they have, they've misled you and you might be entitled to end the tenancy as a result.

    You can try searching for the person's name, as criminal sentences are sometimes reported.
    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


      #3
      Or looking social media Google etc. A Landlord has no right to formally find out.

      Nor does a letting agent have to undergo criminal record check.

      Except a bit in Scotland there's no real limit on landlords with criminal records operating.

      Would you be happy with your tenants requiring proof of no criminal record? Just askin'....
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        "Would you be happy with your tenants requiring proof of no criminal record? Just askin'...."

        That is a good point.

        I find their is a level of intrusion already required when entering into a new tenacy with a tenant, bank statements, work references, Right to Rent, guarantors etc etc it is essential to help weed out potentially difficult tenants.

        Employers get the right to ask about an applicants criminal record, can't see the difference between an employer and landlord, both parties sign into a term contract etc etc..

        Comment


          #5
          Can a tenant find out if a landlord has a criminal record.
          Thunderbirds are go

          Comment


            #6
            Not all employers have that right.

            It depends on the role to be filled.

            Comment


              #7
              Originally posted by 45002 View Post
              Can a tenant find out if a landlord has a criminal record.
              No - access to criminal records checks for other people is very limited to certain types of organisations only.
              You can get a copy of your own record (or proof that it's non-existant) for £23.

              Obviously it would be nice to be able to demand a certificate from a tenant, but the Tenant Fees Act says no.
              You could demand one from your landlord, but they may decline.
              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


                #8
                In answer to 45002's quaestion of
                Can a tenant find out if a landlord has a criminal record.
                jpk kindly replied...
                Originally posted by jpkeates View Post
                No - access to criminal records checks for other people is very limited to certain types of organisations only.
                You can get a copy of your own record (or proof that it's non-existant) for £23.

                Obviously it would be nice to be able to demand a certificate from a tenant, but the Tenant Fees Act says no.
                You could demand one from your landlord, but they may decline.
                Would it not be correct to state however that a tenant can ask a landlord/agent if landlord has a criminal record. Might get a rude reply of course, but can ask. And a landlord could demand to see CRB check for tenant - or no tenancy, landlord requiring should this be provided at any fee, landlord pays, surely?


                Ditto tenant requiring certain documented proofs from landlord (eg CRB, rent declared to HMRC, correct mortgage terms, ownership of property/authority to rent it out, insurance cover). Given what agents/landlords require of tenants....

                Thoughts anyone?
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  I've no objection to a tenant asking for these proofs as long as they pay for them. My rent for an individual property doesn't show on my tax documents though.

                  Comment


                    #10
                    I always google tenants after finding out that one of them had done a big naughty drugs thing. He wasn't too bad a tenant though, but if I'd have known this before hand I wouldn't have let to him.

                    I'd want to know if somebody had done something that might cause vigilantes to smash the windows.

                    Comment


                      #11
                      "Ditto tenant requiring certain documented proofs from landlord (eg CRB, rent declared to HMRC, correct mortgage terms, ownership of property/authority to rent it out, insurance cover). Given what agents/landlords require of tenants....

                      Thoughts anyone?"


                      Are there no legal requirement on the tenant to provide the information (apart from Right to Rent checks, and even then do they have to supoply it - ie passport, visa etc), not so on the landlord - in fact he must provide several documents already, 'How to Rent', Gas Certs, Deposit PI, AST (is the written contract actually a legal requirement ?).

                      Above that, it depends on where the balance of power is in the trade, who requires what more, the tenant the tenancy, or the landlord the rental income ? is it a mutual meeting in the middle - or does one have more power over demanding what over the other ...

                      Comment


                        #12
                        There's no legal requirement on a tenant to give information for a right to rent check - or anything else. It's just that they won't be let the property if they don't.
                        Which I think says exactly where the balance of power sits.

                        There's no requirement for a written tenancy agreement, but it's highly recommended.
                        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


                          #13
                          "It's just that they won't be let the property if they don't." that being a decision by the landlord, not one driven by law.

                          "Which I think says exactly where the balance of power sits,"

                          ... wonder if that will ever change, capitalism has a funny way of fullfuilling a demand very quickly, unless it is restrained/controlled - which would be the planning system, but a system which is there to try protect our built environment from becoming a free for all ... it would be a grim prospect if such controls were not in place, but I guess at the cost of housing provision ...

                          Comment


                            #14
                            The power swung massively in favour of landlords with Thatcher's 1988 Housing Act, even more so when ASTs became default.

                            It will swing back in favour of tenants at some point. Already has in Scotland.
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              Originally posted by theartfullodger View Post
                              It will swing back in favour of tenants at some point.
                              It already has, far too much.
                              That's why landlords can now pick and choose tenants in most areas.
                              Market forces are a wonderful thing.

                              "The market is a more powerful and more reliable liberating force than government can ever be."
                              -Karl Marx.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X