Tenant wants LL Reference but has not found a replacement yet..

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    Tenant wants LL Reference but has not found a replacement yet..

    AST is in E&W.

    T has over 10 months left of her 12 month Tenancy. I am prepared to release her as long as she finds a suitable replacement that we vet to take over her room.

    But now I get an email from Rent4Sure who want a LL reference. I have told her I do not recommend that she signs another Tenancy Agreement at another place otherwise she will be liable for two rent payments per month. I think she wants to move in 6 weeks time.

    Is it ok to give a LL reference under these circumstances? I do not want to give the impression that by giving her a Reference that I am releasing her from her tenancy contract (until another signs up for her room). Or should I not worry about this?

    Any thoughts, advice from other LL's appreciated.

    Thanks in advance.

    #2
    Do you know whether she has done anything to find a replacement tenant? Advertised for instance? While its not unreasonable to expect her to replace herself in these circumstances, I would not rely on it if I were you. I think you should try to find a new tenant yourself as you also have a duty to try to mitigate any loss and only release her once you have someone. Up to you whether you give her a reference at this point. You could also give her a qualified reference.

    Comment


      #3
      Give her an honest reference: no notice given, wishes to break contract, rent paid on time (or not....)
      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
        There's no duty to mitigate loss during the fixed term. Is this in a house with several rooms let on individual agreements, or is the tenant 'joint and several' with other sharers? Why does want to leave 2 months in to a 12 month fixed term?

        In answer to your question, it's hard to know what sort of reference you'd want to give - on face value it isn't a great tenant that wants to leave during the fixed term, and so early into the term at that.

        Comment


          #5
          I don't give references and would drop a polite note to rent4sure saying that, and that they shouldn't infer anything negative from that.
          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


            #6
            Originally posted by DPT57 View Post
            You could also give her a qualified reference.
            what is a qualified reference is - could you pls clarify? or give an example?

            Comment


              #7
              Originally posted by theartfullodger View Post
              Give her an honest reference: no notice given, wishes to break contract, rent paid on time (or not....)
              I bet the Rent4Sure link is to some form where you click a few options and maybe a section at the end with some comments as additional.

              Originally posted by elniinio View Post
              There's no duty to mitigate loss during the fixed term. Is this in a house with several rooms let on individual agreements, or is the tenant 'joint and several' with other sharers? Why does want to leave 2 months in to a 12 month fixed term?

              In answer to your question, it's hard to know what sort of reference you'd want to give - on face value it isn't a great tenant that wants to leave during the fixed term, and so early into the term at that.
              Yes, a 3 bedroom flat let on individual AST's. T has renewed. So been there 12months + 2months into 2nd term. She hasn't given a reason, maybe moving in with a friend, or doesn't get along with the other two guys, I don't know the specifics.

              Originally posted by jpkeates View Post
              I don't give references and would drop a polite note to rent4sure saying that, and that they shouldn't infer anything negative from that.
              Could you share what you normally write? And why do you not give references?

              Comment


                #8
                Originally posted by Diversity View Post
                what is a qualified reference is - could you pls clarify? or give an example?
                see post #3 ...

                " Ms A B Cccccc has given no notice, wishes to break the contract by leaving before end of fixed term, but the rent has been paid on time (or not....) in full (or not...). Property appears cared for and no complaints from neighbours..." or whatever...

                As long as what you state if correct and relevant you should be OK.
                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
                  Originally posted by sparkie View Post
                  Could you share what you normally write? And why do you not give references?
                  Thank you for your request for a reference for XXX.
                  While I am happy to confirm that they are/were my tenant, it is our policy not to give references, either positive or negative for any reason.
                  You should not infer anything negative about XX in this regard.

                  Essentially (in my view) references are useless.
                  People rarely say anything negative just to be on the safe side.
                  If there is anything negative, it could easily be a result of the landlord's action (lots of landlord tenant relations break down at the end with a notice / deposit return dispute)
                  Positive references are often used to help a troublesome tenant find somewhere else.

                  It's never been an issue for a tenant as far as I know - no one's ever asked me to reconsider.
                  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


                    #10
                    sparkie, do you mean T signed a new Contract with new 12 month fixed term, 2 months ago or orig AST is now SPT? Clarity is crucial.
                    Have you discussed ref request with her and reason she wants to offer early surrender?

                    Comment


                      #11
                      This is her second fixed term. Her first 12 months expired 2 months ago. I offered another 12 month fixed term - she signed it, and now want to leave before her 12 months is up. so she not on a SPT

                      I haven't discussed about her reference, in what regards? - Seems that most are suggesting I do not give her a reference, or be honets if I was to give one

                      Not asked her why she wants to leave early, should I? Is it even my business?

                      Comment


                        #12
                        Well it might be useful feedback. And my apologies for misleading you wrt duty to mitigate your loss and thanks to Elniinio for the correction

                        Comment


                          #13
                          Why not negotiate a fee for early surrender to cover readvertising costs and void period.

                          Comment


                            #14
                            Originally posted by jpkeates View Post
                            Thank you for your request for a reference for XXX.
                            While I am happy to confirm that they are/were my tenant, it is our policy not to give references, either positive or negative for any reason.
                            You should not infer anything negative about XX in this regard.

                            Essentially (in my view) references are useless.
                            People rarely say anything negative just to be on the safe side.
                            If there is anything negative, it could easily be a result of the landlord's action (lots of landlord tenant relations break down at the end with a notice / deposit return dispute)
                            Positive references are often used to help a troublesome tenant find somewhere else.

                            It's never been an issue for a tenant as far as I know - no one's ever asked me to reconsider.
                            Thank you for this.

                            I cannot say that she is a model tenant. If I do not give her a reference she may not be approved for her on-going property? She could complain I'm obstructing her leaving by not giving her a reference? I'm not disagreeing with you, in fact I tend to agree with what you say.

                            I usually give tenant's a reference if they are coming near the end of their fixed term. However in this instance I am a little hesitant. I could tell her that I can give her a reference once we have signed someone up to take over her room?

                            Comment


                              #15
                              Originally posted by DPT57 View Post
                              Well it might be useful feedback. And my apologies for misleading you wrt duty to mitigate your loss and thanks to Elniinio for the correction
                              What I do not want her to do is sign another tenancy agreement after I give her a reference and then abandon the flat and stop paying rent before a replacement is found. I do not want to have to go chasing for unpaid rent and all the hassles it entails. What can be done to avoid this from happening?

                              Comment

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