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

LordOf TheManor

16:03 PM, 30th May 2019
About 4 months ago

Hi Kate
Yes, that's what the police said! If they had come while he was living there and had found the cannabis growing, it would have been a different story....

Looks like he is trying to pin the damage on the partner he moved in with. She was a 19 year old who he met at work. Six months later she had moved on...leaving him in the house with his daughter until he moved his new partner in. By the time the council moved her & her two young children out she was 6 months pregnant - so I very much doubt it was her who heaved the large American fridge freezer out of the kitchen and into the garden. The HA knew nothing about her yesterday!
The bad'un knows every trick going. Playing the system is what these people do....while us mired with layers of legislation to uphold to stay in business are rendered powerless by the same forces of law.

AJ

17:57 PM, 30th May 2019
About 4 months ago

Reply to the comment left by Kate Mellor at 30/05/2019 - 15:29
Generally speaking, there is never any proof of who committed the crime until the police investigate.

Imagine if they treated all crimes the same, sorry we didn’t see the murder, so we can’t prove who did it. It’s shameful.

Tim

9:05 AM, 1st June 2019
About 4 months ago

I’ve had this exact situation, 4.5k of arrears and damage.
I had a conversation with a very nice lady at the local council about it.
They wouldn’t offer a new tenancy to anyone with previous rent arrears. Apparently arrears can be used to discharge their obligation for re housing.
Stick to the facts, very short.
Tenants name, amounts and court references.

Martin Rdg

10:51 AM, 1st June 2019
About 4 months ago

I am honest when asked for a reference but if it was a bad tenant I would ask the letting agent to call me as I would not put nothing in writing for fear of legal action - that sends a clear message. I did put it writing once to the effect that I would not let my garden shed to the old tenant for £2,000 a week - the agent got the message but suggested I should be careful putting anything in writing so then said they would destroy the letter but thanked me very much - lol

Kate Mellor

16:17 PM, 1st June 2019
About 4 months ago

Reply to the comment left by AJ at 30/05/2019 - 17:57
I do agree, but they have to take a view on what is realistically provable and the cost to benefit of pursuing a charge that the CPS will decide isn’t going forward anyway. When my tenant smashed the electricity coin meter off the wall with a spanner and moved out it was pretty obvious on balance who did it but in real terms a court needs to prove it beyond all reasonable doubt, which considering she used the meter every day and it was her spanner used to smash the box off, her fingerprints on the items will hardly be unexpected. Plus they aren’t going to court for a couple of hundred quid without cast iron proof. If an independent witness had seen the white goods being smashed up then I’m sure the police would have acted on it, but it’s not really the same as a murder is it? Scarce resources and all that.

Mark Alexander

16:32 PM, 1st June 2019
About 4 months ago

Reply to the comment left by Kate Mellor at 01/06/2019 - 16:17
But if she had stolen the spanned from a shop it would be a very different matter

Kate Mellor

17:14 PM, 1st June 2019
About 4 months ago

If she’d stolen it from a shop there’d probably be an eye witness, CCTV & she’d have been caught in the act. That’s the trouble with things done behind closed doors... :/

loretta wight

21:01 PM, 1st June 2019
About 4 months ago

the police will do anything to avoid tenants and landlord disputes but damage is a crime even if done by tenants. I had to take it through the police complaints. It was upheld but even when the police inspector visited he did everything to put me off. It went to court on a charge of broken windows only. although 5k. damage. I was compensated with £200 payable over 2 yrs. I gave the council a true record of his tenancy. It is up to them to decide if they want to house him. He has made himself homeless so they only have to offer him temp. accommodation of a room. The battles we face with the council, police , agencies makes you wonder if it is worth it.

Turmoil 2

12:20 PM, 15th June 2019
About 3 months ago

Regarding wording for references perhaps.......

" I only give good references"?

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