Being sued for rejecting a tenant due to bad references

Being sued for rejecting a tenant due to bad references

10:33 AM, 21st July 2015, About 6 years ago 33

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I run a small letting agency where I own half of the properties we rent out. All in all this works well as I understand what a landlords needs are!sued

However, several weeks a go we received an application to rent a property from an individual to for one of my most valuable properties in my portfolio. The property is worth in excess of £400k and the rental is £1300pcm. When we asked his previous agent/landlord for a reference for the individual we were told they were not prepared to put it in writing, but they would verbally give us a reference over the phone.

They then proceeded to tell us that the tenants rent was currently £575pcm and they had never paid their rent on time and they did not look after their property. With this information we then told the applicant that he had been unsuccessful and would not be able to rent this property.

Yesterday I received a letter from a solicitor stating I have 14 days to pay £5000 of out of court damages to the applicant for the inconvenience I have caused him by not allowing him to rent the property.

I am astounded by this! Am I now not allowed to decide who rents my property? Should I take these threats seriously?

Lyn



Comments

by Emerald Legal

13:43 PM, 21st July 2015, About 6 years ago

Name and shame? Someone on here may know about them?

by Mike T

14:16 PM, 21st July 2015, About 6 years ago

Reply to the comment left by "Emerald Legal" at "21/07/2015 - 13:43":

Don't think 'Name and shame' allowed on here ..... However, my thoughts are - Do nothing. It could be a scam as mentioned or just a Fishing excercise. Don't waste your time replying, let them waste their time , and solicitors fees, on trying it on and their futile attempt to make a claim. Would be Tenants have no rights until they ARE Tenants. Aren't you lucky you turned them down - just think of the potencial problems you may have had with them in the near future.."

by Gary Nock

14:38 PM, 21st July 2015, About 6 years ago

I agree. Sounds like a scam. But be careful that the grounds upon which the application were rejected do not breach the Equality Act 2010 (protected characteristics) or can be construed as such in any reply. In fact it is safer not to reply as the more you say the more these idiots can twist what you say. You can rent to who you want as long as you do not discriminate against them either directly or indirectly on age, race, sex, gender, or disability.

by Tim Wragby

22:58 PM, 21st July 2015, About 6 years ago

This is a good reason to use a tenant referencing company who provide pass/ fail verdicts. The applicant is not at liberty to know why they have failed but the potential landlord has the right to see the information provided and it is all covered under the data protection act.
I agree with most of the comments above - it is a shame that you cannot publish their name so that other agents and landlords are not caught out. You might however seek advice on reporting them to police or similar for fraud / extortion. I doubt that the so called solicitors letter was genuine as I can see no reason for them making such unfounded allegations. There are too many gold diggers out there and "I'll see you in court" might frightne them off but a visit from the local fraud squad might have more effect!

by Mark Alexander

23:04 PM, 21st July 2015, About 6 years ago

Check to see whether the lawyer claims to be a solicitor, a barrister or a claims management company and then report them to their professional body, or the one they claim to be a member of even if they're not really members.

by

8:25 AM, 22nd July 2015, About 6 years ago

Reply to the comment left by "Mark Alexander" at "21/07/2015 - 23:04":

Totally agree Mark

by Anon

11:53 AM, 22nd July 2015, About 6 years ago

Do the bank statement shows payment of rent? Does it confirm they did not pay on time?

You have to be careful not to land the previous landlord into problem.

by

12:27 PM, 22nd July 2015, About 6 years ago

Hi Lyn - if you contact me I'll do a letter to the solicitors to try and flush out the truth

Check my profile to contact me

by Mark Alexander

12:32 PM, 22nd July 2015, About 6 years ago

Reply to the comment left by "Peter Fisher - Fixed Fee Law" at "22/07/2015 - 12:27":

Cost to Lyn?

Pro Bono (a freebie) to get to the bottom of this perhaps?
.

by

12:50 PM, 22nd July 2015, About 6 years ago

Reply to the comment left by "Mark Alexander" at "22/07/2015 - 12:32":

Hi Mark - I'll do the 1st letter FOC


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