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

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

20:29 PM, 29th May 2019, About 2 years ago 39

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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

by Annie Landlord

12:40 PM, 30th May 2019, About 2 years ago

Reply to the comment left by LordOf TheManor at 30/05/2019 - 08:01
This response from police, which is typical, makes me so angry. Its a lie! Its criminal activity and they should pursue it

by Annie Landlord

12:43 PM, 30th May 2019, About 2 years ago

Reply to the comment left by bob young at 30/05/2019 - 09:17
Housing Associations evict non paying tenants regularly, so it may not be long before he ends up back searching for a private sector let.

by Robert Mellors

12:47 PM, 30th May 2019, About 2 years ago

Give a reference, but stick to the facts, do not give your "opinion" of the person, simply state the payment history, arrears, damage done, failure to comply with the court order (move out), breaches of tenancy conditions, any anti-social behaviour (if provable), police involvement (crime number), etc, etc. Try to put in as much factual detail as possible, but keep it objective, and stay clear of putting in personal opinions, unproven allegations, or insults, etc.

by Freda Blogs

12:54 PM, 30th May 2019, About 2 years ago

Lord: Please report the ex-tenant(s) on Landlord Referencing, so other landlords can be forewarned to avoid these people.

Dilemma re the reference though - you don't say, but do they know your home address and are you worried about recrimination if they are refused accommodation, which may come as a consequence of a poor reference?

by Richard Adams

13:28 PM, 30th May 2019, About 2 years ago

What a quite ghastly scenario. I wonder what Polly at Shelter would comment about it? Doubtless that Lord is a rogue landlord and the tenant has been hard done by! I note a partner with children is part of the story. Heaven help children growing up in a family situation like this. Social Services should seriously consider taking them into care in an ideal world. This situation though is sadly not part of the ideal world.

by Rob Crawford

15:06 PM, 30th May 2019, About 2 years ago

There is no law requiring landlords to provide a reference. Most responsible agents will seek a reference and if it is not forthcoming they will assume the worst and exclude the candidate. You could decline the reference (as suggested previously by saying, "you don't provide references")and then phone the housing association with reasons why. Confirm the call is not recorded first! If they want to ignore this, then good luck to them!

by Hamish McBloggs

15:14 PM, 30th May 2019, About 2 years ago

I have asked the ICO to answer specific questions in the last year. Not always helpful.

How to signal without giving information?

I would tell the HA that you are seeking the ICO's response and will revert asap and that they should hold the offer to your ex-tenant in abeyance as you would like to communicate facts with them as fully and openly as the law permits.

I would copy James Brokenshire.

Hamish

by LordOf TheManor

15:20 PM, 30th May 2019, About 2 years ago

Hi Freda

The dilemma is exactly that! The malicious damage was a direct result of issuing the Section 21 - and my address, of course, was all over those documents.

That was the end of his cannabis business and one of the reasons that he wouldn't move out. He had crops to harvest - plus the size of the house was large enough to house him, his newly pregnant partner and provide her two young children and his adult daughter with a room each. From what the HA said yesterday, I don't think they're a 'family' anymore, not even a couple.

So the bad'un needs a house for himself. What will he stop at to get it??? He knows exactly where I am.

by Hamish McBloggs

15:21 PM, 30th May 2019, About 2 years ago

I even had an ex-tenant who left under a cloud ask not only for a reference but to become one of my 'linked-in' contacts.

No shame.

by Kate Mellor

15:29 PM, 30th May 2019, About 2 years ago

We’ve reported criminal damage & theft before now and been told that as there’s no proof who actually committed the crime nothing can be done. The tenant will claim it was a visitor or similar. Whilst a tenant can be liable under their tenancy for actions of a visitor they aren’t criminally liable. Hence it’s a contractual matter. We all KNOW they did it, but unless you have a signed confession or video evidence forget it!


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