Prospective tenant - bad vibes

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    Prospective tenant - bad vibes

    I showed a prospective tenant this evening, relying on my instinct I had bad vibes from the person, who insisted on nick-picking points in the standard AST. I felt they would become argumentative easily without much provocation, and would not be easy to deal with.

    The existing tenant (HMO), also expressed that they would feel unconfortable in sharing the property with them.

    I'm prepared to send them a copy of the contract which they wanted to review, but do I have any grounds to 'just say no', do I have to give any reasons. I don't wish to offend.

    Obviously my instincts may be wrong and I should give everyone a chance, but it could be 6 months of hell easily avoided, after I've just evicted a previous tenant.

    #2
    No need to give a reason but you could always make up an excuse. Your instincts could indeed be wrong but they could also be right! You have given two reasons to avoid this prospect and none to say yes.

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      #3
      old saying "95 per cent of all tenancies go ok, 5% of tenants go bad - that 5% have to live somewhere - dont let it be in your house"

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        #4
        Are there any legal implications? Could they take me to court claiming their rights are being violated !? Even though we don't have any agreement.

        Fortunately this isn't America, so I'm guessing not.

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          #5
          - If you gut says no, say no. You must have someone you are comfortable with as a tenant.
          - You will have no legal repurcussions(sorry that was spelt terribly!), you have no agreement with him yet! I would probably just say completely honestly, that you just dont feel too comfortable with him, nothing personal!
          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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            #6
            As long as you dont turn a prospective tenant down on sexual, racial, disability or religious grounds you are in the clear. If it comes to it, simply say that you had two or three people to choose from, and unfortunately on this occasion they were one of the unsuccessful ones - dont be drawn into reasons why etc.

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              #7
              Originally posted by davidjohnbutton
              As long as you dont turn a prospective tenant down on sexual, racial, disability or religious grounds you are in the clear. If it comes to it, simply say that you had two or three people to choose from, and unfortunately on this occasion they were one of the unsuccessful ones - dont be drawn into reasons why etc.
              And hopefully the applicant doesn't happen to be gay, black, club-footed and/or Muslim

              I've been in the same situation myself and found it really quite difficult to deal with. DJB's suggestion above is the way forward, although might be awkward if you don't have two or three other applicants - you might find the original prospect contacting you again two weeks later if you're still advertising...

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                #8
                Just Say NO

                Just say no, its your house you can let it to whoever whenever!!! Well almost! You don't have to give a reason, just say you have had a think about it and have decided not to offer them the place. You owe this person nothing, all they have done is come to look around.
                GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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                  #9
                  Some 30 years ago, one of my properties became vacant and I placed an advert in the Nottingham Evening post. In those days, you could only let a residential property as a regulated tenancy and I was young and inexperienced.

                  The advert came out (in Nottingham Evening post) at midday which is when the phone started ringing which it did continually until 11 p.m. when I took the phone off the hook and left it off.

                  During this time, I was attempting to weed the hundreds of applicants down to three or four that would be suitable, so I was asking questions to eliminate the less likely people. Basically, I was looking for a small family for this two bedroomed end terraced property, so any single people or those with large families were out of selection immediately. I got accused of every crime under the sun bar murder - scam, racial/sexual discrimination etc.

                  The next day was Saturday, phone back on - 1st call was from operator who said hundreds of people had reported the phone out of order - then it went on all day - a never ending stream of phone calls.

                  Eventually, I met 5 applicants, settled on 2, offered it to the one with most "points" who accepted. I kept 10 good applications on file for future vacancies and resolved never again to advertise a property to let in the papers!!!!

                  So, that is where my advice comes from, own personal experience.

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                    #10
                    Making everyone happy....

                    I think it also comes down to a desire to want the tenants to get on with each other... and making the existing tenants feel their opinion counts. Obviously it's my say so, but I have absolutely no desire to upset an excellent tenant for the sake of an unknown prospect.

                    I have no other offers on the table, and the advert will remain running, so I think it's better to say 'no' rather than appear deceitful, as MrShed says.

                    I have turned down a previous prospect, because they turned up late, discheveled, unkempt and very dirty and absolutely no interest in my brilliant patter. Fine if they are a builder, but this was a school teacher! My opinion was that if they were unable to look after themselves, the house would quickly be left in a similar state.

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                      #11
                      Last year I was subletting my house as an HMO to go to Africa for a year

                      I interviewed a tenant supplied by an agency who I had a bad 'feeling' about
                      But time was very short & he had the deposit so I took the risk

                      My house was ruined, he broke the shower, flooded the kitchen, upset my other tenants, dealt drugs, brought prostitues into my house to sell themselves, upset my neighbours.......

                      So I had to come back from Africa to throw him out. I called the police on him 3 times in 4 days he threatened me with a knife

                      I got rid of him pretty quickly but he all but ruined my plans

                      In hindsight I think I picked this up when I first met him

                      I'd follow your feelings if I was you...

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                        #12
                        "As long as you dont turn a prospective tenant down on sexual, racial, disability or religious grounds you are in the clear"

                        Errr, no - sorry guys this now includes sexual orientation and, shortly, age. Plus maybe a few other politically correct attributes!

                        But there's no need to give a reason and a whole lot safer not to!

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                          #13
                          Originally posted by MK Landlord
                          "As long as you dont turn a prospective tenant down on sexual, racial, disability or religious grounds you are in the clear"
                          Regarding the 'Disability', I wouldn't consider that any of my properties cater for the disabled, normal toilets, all upstairs and no wheelchair ramps. If a wheelchair bound person applies for a tenancy or if one of the tenants becomes disabled, where do I stand?

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                            #14
                            Although I could be wrong (perish the thought for all of us) I do not think there is any legislation requiring you to modify your property out of your own pocket just because a potential tenant who is disabled applies to let your property. Likewise I don't think you would be required to pay out if one of your tenants became disabled. I had a potential tenant apply a few years ago who was wheelchair bound. She found herself unable to negotiate the bottom lip of the double glazed front door thus did not take the tenancy. Fair enough - I suppose if I had shelled out for a ramp, she would (possibly) have taken the tenancy but there are plenty of other fish in the sea.

                            As I caught MS a few years ago, I am disabled and at present have my local authority buzzing around offering to fit handles, stair lifts and the like at no charge. In all the paperwork I have received, I have never read that it is my right to demand that my landlord fit such items due to my disability (not of course that I have a landlord!).

                            P.P.
                            Last edited by P.Pilcher; 21-09-2005, 16:05 PM. Reason: Typo
                            Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                            Comment


                              #15
                              It is an interesting point, as if you have an unmodified home, and had 1 non disabled potential tenant and one disabled potential tenant, then you would in effect choose the non disabled tenant due to their lack of disability, which is by definition a form of discrimination(albeit a totally understandable 1). I wonder if the council would fund such modifications for a landlord?
                              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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