Vetting/referencing/database/blacklist- bad tenants

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    Originally posted by tubbs
    so you wouldnt expect any difficulty obtaining this kind of personal information? i mean wouldnt the people at the other end of the phone think who are you i cant tell you that personal information etc etc? or is a simple explanation of you being a possible landlord good enough grounds that they give you such information?
    Well of course they certainly shouldn't be telling me anything over the phone; if they won't do so, then fair enough, however if they don't mind breaking data protection laws I'm not about to stop them! It's usually the bigger firms (= anywhere with a dedicated HR dept) who are more clued up.

    But if the purpose of my phone call is simply to ascertain the veracity of whether X is genuinely Y's line manager before I contact X directly for a reference, I rarely run into problems.

    Circumstances vary as to whether I feel a verbal reference is more appropriate than a written one, or vice versa - but if I can only get a written one then so be it... I always get the applicants to sign a release form authorising this, and a copy of that duly gets sent to the referee.

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      Famous last words- "I didn't expect..."
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        Originally posted by Poppy
        Because people take advantage.

        Couple examples. The tenant may start using utilities when still under landlord’s name. Tenant removes/damages furnishings before inventory signed.

        Please don't be in a hurry to make a mistake.
        All good points.

        But, as a good LL, would you not be addressing these things anyway even if T was to move in on the appointed day? You just need to make sure the "switch" is a day earlier...

        I did say provided you "check in" correctly...

        I guess my point was more that I can;t see any legal difficulty.

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          Originally posted by jeffrey
          Famous last words- "I didn't expect..."
          Fair point...

          But they will have already handed over their deposit, and paid their first months rent, what could they not be legaly responsible for in the few hours before their tenancy begins that they will be ,the moment their tenancy starts.

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            Unknown knowns.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              Originally posted by chappers2341
              Why not just start the tenancy on the 28th and make it 6/12 months and a day. You can still state the rent day to be the 1st.
              However I agree with Lawcruncher I fail to see what harm could be done by giving them the keys the evening before.
              all good answers thanks everyone, very good point i didnt think of here chappers, so i make the duration 6 months and 1 day, then just get the DD to go out on the 1st, either that or just go with handing over the day before.

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                thanks for all replies

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                  yep the rental period will still be the 1st to the 28th/30th/31st.

                  As Jeffrey says there are unknown knowns but I would think for such a small period of time the risks would be quite small

                  Comment


                    The best solution seems to be to amend the commencmeent date of the tenancy in the tenancy agreement, - a manuscript amendment initialled by both parties should suffice.

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                      Would You Let Before T Vetting is Completed?

                      hi ppl

                      I've posted about this case a couple of times, the T's are due to move in Sunday/Monday and I'm sure they have prepared things to move on Sunday.

                      I submitted T vetting forms online on Tue and on Thurs received an interim report for both T's stating that "On submission of satisfactory references we expect this applicant to achieve overall Grade A (suitable for Rent Guarantee). This will not be confirmed until all references have been received and verified."

                      Credit check/Income Verification/Electoral Roll all appear okay but the vetting company have yet to hear from the existing landlord and I today I asked for an update and said this "we have contacted them several times to try to expedite the reference return time, unfortunately we were unable to secure the reference by the end of today. We have received assurances it should be received by Monday 01/03/2010."

                      In this spot what would people do? I've highlighted my concern above as I intend to take out this service, but should they not get a good reference from present landlord then I could be stuck. I'm sure the T's will be inconvenienced should I put it off until I hear about the previous LL checks, any thoughts appreciated, could I just go-ahead as indications are that it shouldbe okay?

                      P.S. I have the current LL details for the form that was submitted online, I could even try and contact them myself on Saturday perhaps?

                      Comment


                        Originally posted by tubbs
                        hi ppl

                        I've posted about this case a couple of times, the T's are due to move in Sunday/Monday and I'm sure they have prepared things to move on Sunday.

                        I submitted T vetting forms online on Tue and on Thurs received an interim report for both T's stating that "On submission of satisfactory references we expect this applicant to achieve overall Grade A (suitable for Rent Guarantee). This will not be confirmed until all references have been received and verified."

                        Credit check/Income Verification/Electoral Roll all appear okay but the vetting company have yet to hear from the existing landlord and I today I asked for an update and said this "we have contacted them several times to try to expedite the reference return time, unfortunately we were unable to secure the reference by the end of today. We have received assurances it should be received by Monday 01/03/2010."

                        In this spot what would people do? I've highlighted my concern above as I intend to take out this service, but should they not get a good reference from present landlord then I could be stuck. I'm sure the T's will be inconvenienced should I put it off until I hear about the previous LL checks, any thoughts appreciated, could I just go-ahead as indications are that it shouldbe okay?

                        P.S. I have the current LL details for the form that was submitted online, I could even try and contact them myself on Saturday perhaps?
                        If it is only the current LL reference which is missing, I would let them begin the tenancy. You could indeed ring the LL this weekend if it would put your mind at rest. To some extent it will come down to gut feeling. If you feel the Ts are decent and honest, you will probably be right. After all, it is not their fault that the vetting company has been unable to obtain, or their current LL unable to supply, a reference when asked.

                        This is only a personal view - some LLs might not want to take the risk. Having said that, dishonest tenants can usually fabricate a 'current LL' if they want to, so I'm not sure it's the most important document really. Their cashflow/bank account would be more important, to me.

                        LLs sometimes give 'good' references to bad Ts simply to get shut of them, and 'bad' references (or none) to good Ts simply because they dispute the amount he tries to deduct from their deposit, for example. LL refs are not the be all and end all.
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment


                          you could let them move in subject to your receiving a verbal reference from the landlord however the vetting company will not allow a rent guarantee to be in force with the start date of the tenancy dated before the references are concluded.

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                            thanks for the quick replies, its a management company actually so i doubt i will get them on a saturday but will try. i'm pleased to some extent that i didnt get 100% "no dont let them move in" responses as i dont really want any hold ups and i guess neither do they.

                            Your point is very good poppy about the guarantee, I 100% want to take this up, the vetting company do state that they have assurances from the LL that they will receive refs on the 1st which is when, should I let them move in Sunday, the AST would start. In that case I guess I would be okay for the gurantee, I get the 100% ok from vetting co 1/3/10, and the AST dated 1/3/10, as if I did it as soon as I got the refs back. However I'd be a bit stuck if there was some problem on monday with the LL refs, say the person was off sick at that company etc.

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                              forgot to ask poppy "subject to your receiving a verbal reference from the landlord", what would i do hear, get them to sign a letter when moving in? Am to expect that they would simply move out though if the LL refs failed, I mean they would have an AST then, would this letter make the AST void, I could see this could get complicated??

                              Comment


                                Originally posted by tubbs
                                forgot to ask poppy "subject to your receiving a verbal reference from the landlord", what would i do hear, get them to sign a letter when moving in? Am to expect that they would simply move out though if the LL refs failed, I mean they would have an AST then, would this letter make the AST void, I could see this could get complicated??
                                I think Poppy meant let them move in on Sunday as long as you can get a verbal reference by then, otherwise make them wait until you can.
                                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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