Ex-evicted bad’un has the gall to ask for a positive reference?

by Readers Question

20:29 PM, 29th May 2019
About 4 months ago

Ex-evicted bad’un has the gall to ask for a positive reference?

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Ex-evicted bad’un has the gall to ask for a positive reference?

I nearly died of shock today! My inbox contained a request for a tenant eventually evicted last November, which began in April 2018. Yes, it was one of those Section 21s, the so-say ‘no fault’ eviction route to ensure I got possession without contest.

‘No fault’ included rent debt of several £1000’s plus the breach of tenancy contract multiple times over: he moved a new partner and her kids in without permission which was discovered as a recent event when it came to the renewal of the gas safety certificate.

The tenant stayed beyond the court date – awaiting the last crop of cannabis cultivation in the garden workshop – before the court bailiffs took control. (The Court had denied the transfer to High Court Bailiffs – no need for that, they said, with a ‘no fault’ eviction).

Tenant took to malicious damage in revenge. What wasn’t stolen, was smashed up. American fridge/freezer & washing machine were thrown into the garden damaging the doors/architraves and uPVC of the external doors along the way. Dishwasher unmovable but taken apart!

Anyway: rent debt and court costs is £4k+ and damage of £9k to date is still being added to.

When evicted, he ‘qualified’ for emergency housing. Somehow these months later he has come to the top of the list of a housing association who have made contact for a reference from his previous landlord, all permissions given by tenant to approach me. Really??? (Yes…. he’s told them he had a violent partner and it wasn’t him, it was her who wrecked the place, he is just a poor victim, apparently).

Dilemma: to stay on the right side of the Data Protection Act, is posting off a handwritten response to the questions being asked by the housing association the safest way forward for me? I’m thinking in terms of not transmitting this information online….i.e. not storing my opinion anywhere digitally to avoid falling foul of the Act. Am I right?

The Housing Association says that without anything adverse in writing from me nothing can deter their decision to offer him a property. As the form requires full details of me and my comments – which the tenant can have access to – I’m reluctant to live in fear of stirring any further malicious damage he could choose to pursue against me.

Any advice offered will be very welcome. Thank you.

Lord



Comments

Mark Alexander

8:38 AM, 30th May 2019
About 4 months ago

Reply to the comment left by LordOf TheManor at 30/05/2019 - 08:28
You were fobbed off.

Are you willing to accept that without further action?

I certainly wouldn't.

LordOf TheManor

8:45 AM, 30th May 2019
About 4 months ago

I'll definitely follow it up, then!

Mark Alexander

8:48 AM, 30th May 2019
About 4 months ago

Reply to the comment left by LordOf TheManor at 30/05/2019 - 08:45
And so you should.

Please report back here to let us know how you get on. Many other members here have been in a similar position and may well be able to share their experiences of ensuring that justice is done.

Rod

8:49 AM, 30th May 2019
About 4 months ago

Maybe say nothing, do nothing, although it hurts! I'm dealing with a ------- this moment! I've written to James Brokenshire MP (again) stating our case with examples of some tenants i.e. One T left 30 bin bags full of dog excretion, half where split which had to be removed with £2.5k owed! 'Everyone' write and hit 'em hard especially re' Section 21.

Simon M

8:53 AM, 30th May 2019
About 4 months ago

You cannot avoid data protection - for example the HA could scan your letter, record conversations, or routinely record all calls, both of which would then definitely be covered by the legislation.
If you reply, stick to simple provable facts, dates of tenancy, court action, etc. The HA will have an interest in incidents where the police attend because it helps nobody - including the tenant - if they were to house close to an existing anti-social behaviour problem.

Paul Shears

9:03 AM, 30th May 2019
About 4 months ago

Rapid good comments from all above. Clearly the normal affairs of day to day life are quite beyond your ex tenant. If you let this fiasco go unchallenged, many others will suffer in the future. His life is likely to spiral down. The best that can be done here is to try to stop him continuing to drag others with him.
These fights can be very draining but try to share the burden by getting support from others as advised above.

Anan Davis

9:14 AM, 30th May 2019
About 4 months ago

My memory is that if you do not provide an accurate reference disclosing the facts, & the new landlord has similar problems with this tenant, then legal action could be taken against you for non disclosure - Scylla & Charybdis - just stick to the facts & presumably the last question will be “would you rent to this tenant again?” & your answer would be “NO” Good Luck

bob young

9:17 AM, 30th May 2019
About 4 months ago

Reply to the comment left by LordOf TheManor at 30/05/2019 - 08:28
You are under no obligation to provide a reference. This sort of tenant will make life a misery for any future landlord they rent from so surely it's better a housing association takes on the risk.

JJ

10:33 AM, 30th May 2019
About 4 months ago

I would reply with

"I regret that I am unable to provide this tenant with a reference."

I would say nothing else at all.

Jan Martin

10:46 AM, 30th May 2019
About 4 months ago

I would just say that you dont give references sorry .

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