Referencing agency missed CCJ?

Reply to the comment left by GlanACC at 15/02/2024 – 18:07
To comply with Right 2 Rent ( and it assists bailiffs ) we’ve always recommended taking a copy of all adult occupiers passports.

On her original application, did you ask her if she had CCJs? If you did and she declared that she did not (assuming CCJs pre-date her application to rent) then the tenancy was obtained by giving false information and you have grounds to end the tenancy, but check with a solicitor to be sure to follow due process.

Reply to the comment left by Simon F at 15/02/2024 – 20:29
Would you say you had CCJs, thought not. I think trying to end a tenancy due to ‘false information’ would be a non starter as even if it could be proven (depends on how ‘false’ the indformation was) then its very likely the judge would reject the claim as its not a mandatory term for allowing the eviction, its up to the judges discresion- and we all know what that means

Ground 17. It would depend on what the CCJ was for (the OP doesn’t say). If a CCJ for non-payment of Rent previously, it would be hard to argue that non-disclosure would have been material to the Landlord’s original decision. If relating to something like a mobile phone contract the tenant found to be unfair, it would not carry so much weight.

The problem with a CCJ is the reason for the CCJ is not registered so it would be very easy for the tenant to argue it was not relevant (even parking CCJs can now exceed the value of a months rent)

Reply to the comment left by GlanACC at 15/02/2024 – 18:07
the referencing agency explained over the phone the exact same problem of not having the CCJ attached to her credit file at the time the referencing took place, in fact she had fallen of the radar (credit wise) for 2 years prior to the referencing. the tenant did not declare the CCJ and even ticked the “no CCJ” box.

Reply to the comment left by Hayden the snake at 16/02/2024 – 08:18
You can check if a prospective tenant was on the electoral register. If they weren’t I would be very suspicious of them as it is one of the primary references for credit. You could instruct the credit checker (letting agent) not to accept anyone who was not registered at a previous address

Reply to the comment left by Simon F at 15/02/2024 – 22:10

I totally disagree!
A CCJ is a CCJ & whatever it was given for is always relevant to a prospective landlord.
It means an instant failure of the tenant referencing process for starters! It’s a tenant’s responsibility to protect their credit history, no-one else’s.
A CCJ will not just refuse the landlord the cover of an RGI policy, it will also invalidate all other aspects of landlord insurance. No dice – I wouldn’t take the chance, not ever!

It’s therefore not

Reply to the comment left by Hayden the snake at 16/02/2024 – 08:18
Ah, so a lot more information and a ‘richer picture ‘ developing now.
I would report the ‘Fraud’ to Action Fraud, if not to ascertain their reaction, if any.

There is legislation and powers against Tenants who obtain ‘ Social ‘ Tenancies by fraud. However, government seems not to have included the Private rented sector in their Renter Reform ‘Levelling-up’ [sic]

This issue seems appropriate to raise with DLUP.
P118 are part of the Housing Coalition and Possession Friend are on the Steering group.
I will take this subject forward to the next Coalition meeting, so please keep me directly informed of your progress with Action Fraud.

Talk of evicting a tenant via the Courts because they didn’t declare a CCJ is nonsense really isn’t it ? You’d be laughed out of Court.
If the rent is being paid why would you want to evict. If there are rent arrears you’d just issue a Section 21 or alternatively a Section 8 for arrears which is a mandatory ground.