scooter
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Post by scooter on Sept 28, 2023 20:37:16 GMT
I think landlords should stick together on the whole, but how do you get rid of a tenant without lying?
Mine has a long history of late payments, but is up to date now. My insurance took her to court and she is under a suspended eviction notice. She wants to leave and wants a reference. I assume if i tell the truth she won't pass muster with the new landlord.
Is there any come back on me if I gloss over things......
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james100
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Post by james100 on Sept 29, 2023 7:26:22 GMT
I'd advise her to use a previous landlord or say you'll only provide a factual one relating to occupation dates.
Do not lie. It's not a good idea in general and given there will be records relating to this matter (court, insurer, whatever) even a slippy omission of such an obviously relevant fact could be legitimately argued as shared responsibility if something goes wrong. Also, if you provide a paper reference you have no control of how that's used or for how long.
False Property Information Form declarations and FCA registers spring to mind.
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adrianc
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Post by adrianc on Sept 29, 2023 7:48:29 GMT
Do unto others.
How would you like it if you got a reference for a putative tenant that omitted such details?
Yes, it's hard because it makes it less likely they'll move out, but...
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benaj
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Post by benaj on Sept 29, 2023 8:37:29 GMT
Pretty sure there are legal ways to serve notice to tenants, and there’s no need to pass false information to reference agents if you refuse to give them
Anyway, some landlords with take this tenant despite incident of late payment, otherwise you probably wouldn’t have done so in the first place.
Be firm about notice and make the process as smooth as possible.
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Post by bracknellboy on Sept 29, 2023 8:45:26 GMT
I'd advise her to use a previous landlord or say you'll only provide a factual one relating to occupation dates. Do not lie. It's not a good idea in general and given there will be records relating to this matter (court, insurer, whatever) even a slippy omission of such an obviously relevant fact could be legitimately argued as shared responsibility if something goes wrong. Also, if you provide a paper reference you have no control of how that's used or for how long. False Property Information Form declarations and FCA registers spring to mind. pretty much why employer references these days tend to be: yes they worked for us; we employed them between these dates; they held this position; optional: their salary at end was xxx; we had no reason to sack them for gross misconduct. Were they any good ? No comment.
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scooter
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Post by scooter on Sept 29, 2023 9:20:20 GMT
Thanks all. Despite everything that has happened i don't want to get rid of her. She wants to go but i dont want to lie, as i wouldn't want someone to do that to me. It seems catch 22 for everyone..
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keitha
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Post by keitha on Sept 29, 2023 9:43:27 GMT
I'd advise her to use a previous landlord or say you'll only provide a factual one relating to occupation dates. Do not lie. It's not a good idea in general and given there will be records relating to this matter (court, insurer, whatever) even a slippy omission of such an obviously relevant fact could be legitimately argued as shared responsibility if something goes wrong. Also, if you provide a paper reference you have no control of how that's used or for how long. False Property Information Form declarations and FCA registers spring to mind. pretty much why employer references these days tend to be: yes they worked for us; we employed them between these dates; they held this position; optional: their salary at end was xxx; we had no reason to sack them for gross misconduct. Were they any good ? No comment. the NHS used to have a reputation for glowing references for bad employees. I remember seeing one for a civil servant, where it praised his attention to detail, his unblemished sickness record, and his wearing of "professional dress" they didn't mention he would wear the same shirt all week, he rarely arrived on time, attention to detail was studying racing form in the toilets for at least 1 hour per day. eventually management had had enough ( he didn't take hints, subtle or not so about personal hygiene ) At the time I was the union rep and very divided loyalties, he was a member so I felt bound to defend him but had friends who worked near him who struggled with the smell ( yes it was that bad ). He had a meeting with a senior union rep, who told me afterwards he couldn't understand how anyone could work in the office with him, and that he'd be best as a traffic warden or car park attendant.
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benaj
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Post by benaj on Sept 29, 2023 11:16:47 GMT
Thanks all. Despite everything that has happened i don't want to get rid of her. She wants to go but i dont want to lie, as i wouldn't want someone to do that to me. It seems catch 22 for everyone.. So, the tenant has served notice instead but you like to keep the current tenancy?That’s a completely different game. Unless you have successfully persuaded her to stay, she will leave regardless of your reference. Don’t worry whether she can get references, it’s not landlords responsibilities. You don’t owe her a good reference
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scooter
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Post by scooter on Sept 29, 2023 13:06:28 GMT
Thanks all. Despite everything that has happened i don't want to get rid of her. She wants to go but i dont want to lie, as i wouldn't want someone to do that to me. It seems catch 22 for everyone.. So, the tenant has served notice instead but you like to keep the current tenancy?That’s a completely different game. Unless you have successfully persuaded her to stay, she will leave regardless of your reference. Don’t worry whether she can get references, it’s not landlords responsibilities. You don’t owe her a good reference I currently have the protection of the suspended eviction notice, so one late payment and she is out. It's not in my control really, if i don't go along with that my insurance will be invalid going forward. She won't get a council flat as it is classed as voluntarily homeless. With worst tenants i ever had i made them clean up and repair damage and give notice before giving the reference. The reference just stated they were up to date with payments. Most agencies these days want you to fill a form in which leaves little option but to tell the full story. She hasn't actually given notice yet, just indicated she would like to... I don't mind if she stays or goes, but a truthful reference will probably stop her plans.
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benaj
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Post by benaj on Sept 29, 2023 15:14:18 GMT
Assuming you don't really mind she's staying with the current tenancy agreement and it is out of your control, just relax. That's nothing else you can do when you don't want to give reference.
If she really likes to stay like a good tenant, she will pay on time right?
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ozboy
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Post by ozboy on Sept 29, 2023 15:37:09 GMT
I'd advise her to use a previous landlord or say you'll only provide a factual one relating to occupation dates. Do not lie. It's not a good idea in general and given there will be records relating to this matter (court, insurer, whatever) even a slippy omission of such an obviously relevant fact could be legitimately argued as shared responsibility if something goes wrong. Also, if you provide a paper reference you have no control of how that's used or for how long. False Property Information Form declarations and FCA registers spring to mind. pretty much why employer references these days tend to be: yes they worked for us; we employed them between these dates; they held this position; optional: their salary at end was xxx; we had no reason to sack them for gross misconduct. Were they any good ? No comment. I'd agree. The system works, if you understand it and read between the lines. An ultra basic reference with zero additions, means they weren't any good and you don't recomment them. Decent employees of course get varying degrees of additions/embellishments. 
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starfished
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Post by starfished on Sept 29, 2023 17:46:22 GMT
Depends oh how big a company you work for, I am not allowed to give work references even if I wanted to where I work. They must come from HR and they will say the minimum. The best and worst person who has worked for me would get the same reference (and that has been the case for all three companies I have worked at recently).
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ozboy
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Post by ozboy on Sept 29, 2023 17:52:56 GMT
Depends oh how big a company you work for, I am not allowed to give work references even if I wanted to where I work. They must come from HR and they will say the minimum. The best and worst person who has worked for me would get the same reference (and that has been the case for all three companies I have worked at recently). Is that the result of decades of PC Lefty Liberal Wokism? Is it fair? Asking for a friend......... 
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michaelc
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Post by michaelc on Sept 29, 2023 18:52:15 GMT
Do unto others.
How would you like it if you got a reference for a putative tenant that omitted such details?Yes, it's hard because it makes it less likely they'll move out, but... Easy to give out such advice anonymously on a forum. What makes you so sure you'd follow it yourself in the same circumstances?
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Greenwood2
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Post by Greenwood2 on Sept 29, 2023 19:43:44 GMT
Thanks all. Despite everything that has happened i don't want to get rid of her. She wants to go but i dont want to lie, as i wouldn't want someone to do that to me. It seems catch 22 for everyone.. I don't understand, you presumably don't think she's a bad tenant since you are happy for her to stay, so why do you need to give a bad reference?
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