Reference checks/agent wishes to withdraw from my instructions

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    Reference checks/agent wishes to withdraw from my instructions

    Hi, can anyone help me with the query below:

    I want to give notice to an unreasonable and difficult tenant (to leave after 6th month) and now the letting agent says she wants to disinstruct herself.
    However, we did not receive any reference check about the tenant prior to him moving in , as we were overseas when the property was being let, which the agent claims she did.
    Can we ask for the reference checks from the agent now ? and if they were not satisfactory, can we use it to serve notice to the tenant as he is being very unreasonable and difficult.
    Many Thanks !

    #2
    Originally posted by kenG View Post
    Hi, can anyone help me with the query below:

    I want to give notice to an unreasonable and difficult tenant (to leave after 6th month) and now the letting agent says she wants to disinstruct herself.
    However, we did not receive any reference check about the tenant prior to him moving in , as we were overseas when the property was being let, which the agent claims she did.
    Can we ask for the reference checks from the agent now ? and if they were not satisfactory, can we use it to serve notice to the tenant as he is being very unreasonable and difficult.
    Many Thanks !
    You can ask the agent for the reference check paper work, but you CAN NOT now use anything in it against the tenant in order to evict him.
    The time to check refs was BEFORE the AST was signed not after.

    However, You can use a S.21 notice ( No Blame Notice ) to evict the tenant at the end of the six months.

    Do a search on this forum for details of the correct procedure for a S.21

    Comment


      #3
      Originally posted by Colincbayley View Post
      You can ask the agent for the reference check paper work, but you CAN NOT now use anything in it against the tenant in order to evict him.
      The time to check refs was BEFORE the AST was signed not after.
      No! See ground 17 of s.8 [tenancy obtained on false pretences].
      Also, a pre-tenancy criminal offence could found a ground 14 Notice too; see a recent case report confirming this.
      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


        #4
        Originally posted by jeffrey View Post
        No! See ground 17 of s.8 [tenancy obtained on false pretences].
        Also, a pre-tenancy criminal offence could found a ground 14 Notice too; see a recent case report confirming this.
        True, however the OP has not said that anyone has lied on the refs. Only that they themselves have not seen them ( Just there agent )?

        Comment


          #5
          Originally posted by Colincbayley View Post
          True, however the OP has not said that anyone has lied on the refs. Only that they themselves have not seen them ( Just there agent )?
          Yes. I was merely correcting the impression that one cannot use an adverse reference's result after the tenancy begins- one can.
          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

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