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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Difficult landlord reference

12 replies

Perditaprunella · 26/02/2023 22:34

Posting in AIBU for traffic mostly.
I realise that landlords are not always popular here, but I am trying to do the least wrong thing.
I have been asked to provide a landlord reference for a former tenant.
Some parts are very straightforward. He mostly paid on time, was a bit untidy, I had a few isolated noise complaints, but generally he was OK.
There are 2 questions which are an issue. The first being whether I issued a notice to quit, and the second would I offer him a tenancy in future.
Although he did leave without a court order I had issued a notice to quit due to a criminal conviction, and possible wider consequences.
I don’t have any similar tenancies now so can get around that question, but I am not willing to lie about asking him to go. If I state, as requested, the grounds for the notice to quit, it will reveal that he has a conviction/ been involved with criminal activity. I am concerned that this might be considered a breach of confidentiality, and I am not sure I should do that.
I have no sympathy for what he has done, but at the same time he has to live somewhere and I would hope that his probation officer is monitoring him.
Would it be unreasonable of me to refuse to write a reference and let the prospective landlord take whatever inference he wishes from that?

OP posts:
Cherrysoup · 26/02/2023 22:42

You don’t need to mention reasons, you just answer very simply ‘No’ to would you offer him another tenancy. Answer ‘Yes’ to was he asked to leave. Don’t expand on your answers unless they ring you, in which case there is no paper trail.

witheringrowan · 26/02/2023 22:46

What form did the notice to quit take - was it S21 or S8?

If Section 21 (i.e. no fault, you just didn't want him in the property any more), I'd just say that you served the S21 notice & give no further details.

If you were able to use Section 8 because he'd broken terms of the tenancy, I think you either have to refuse to give the reference or give the details of whatever enabled you to use Section 8 powers to evict.

Perditaprunella · 26/02/2023 22:58

witheringrowan · 26/02/2023 22:46

What form did the notice to quit take - was it S21 or S8?

If Section 21 (i.e. no fault, you just didn't want him in the property any more), I'd just say that you served the S21 notice & give no further details.

If you were able to use Section 8 because he'd broken terms of the tenancy, I think you either have to refuse to give the reference or give the details of whatever enabled you to use Section 8 powers to evict.

I used section 8, ground 14, which relates to criminal activity involving or nearby the property ( advice from NRLA). The other tenants were potentially at risk, although not from this tenant.
I think it is probably most straightforward to refuse to complete the reference. It is the most comprehensive one I have seen, and there is no scope to be vague.

OP posts:
Greenfairydust · 26/02/2023 23:03

Why would you give someone like this a reference?

Noise complains, criminal activities, notice to quit...

It sounds like he will make a nightmare tenant and neighbour.

Simply say that you are unable to provide a reference for this tenant.

MarshaMelrose · 26/02/2023 23:03

Do you wish someone had told you all that before you rented to him? How would you have felt if they'd known but said nothing?
Do you feel his criminal past might affect his behaviour during the tenancy?
I guess what I'm saying is, it's nice to treat others like you'd like to be treated. You didn't want him in your property. Why would the next landlord?

Perditaprunella · 26/02/2023 23:22

I doubt he is on Mumsnet, but am trying to keep my answers as general as possible.
He rented accommodation from me for around 4 years. Yes, there were a couple of party noise complaints from neighbours, but for the most part from my perspective as a landlord he was OK.
He then did something which was completely incompatible with him being able to stay.
His conviction isn’t for a reason which would necessarily make him a bad tenant, but knowing what I do I wouldn’t want to let to him in future.
A poster above has asked why I would give him a reference. If I give the reference he will almost certainly not get the tenancy. If I refuse to give the reference there is a chance he will.

OP posts:
BoxOfCats · 26/02/2023 23:32

I would put yourself in the shoes of whomever is asking for the reference.

SimplySipping · 26/02/2023 23:49

Is there a middle ground - give a reference in general terms or only answer some of the questions?

Just because they've given you a form to fill in, doesn't oblige you to jump through every hoop they've given you. You say there is no scope for you to be vague but if it's anything like employers' references then there absolutely is. You can write what you like and leave out anything you want to.

If you are erring towards declining to give him a reference at all, wouldn't it be better to at least fill in the bits to say he paid on time for 4 years?

If there is something special about landlord refs that says you're obliged to fill in every box then ignore me. This doesn't exist with employer refs - they can ask but they can't insist.

itstrue · 26/02/2023 23:54

Don't give the reference.

I once was honest about my previous tenant being hard to manage because the landlord who rang me was clearly inexperienced and I felt sorry for her. She turned around and told my ex tenant exactly what was said even though it was all true he sent me a few threatening texts before disappearing. Now I refuse to give any negative references. It's not worth it especially if he has a criminal past.

justasking111 · 26/02/2023 23:56

Think I'd put N/A where possible.

Perditaprunella · 27/02/2023 00:11

If there is something special about landlord refs that says you're obliged to fill in every box then ignore me. This doesn't exist with employer refs - they can ask but they can't insist.

That’s a good point actually. I am under no obligation whatsoever. In the past the majority of references have been for good tenants who were moving up, and I wanted to be helpful to them. I can remember one coming through when I was on holiday and without access to my records. I could remember the month and year his tenancy started, so just used that. The reference was returned to me to complete the day. He had rented from me for over 6 years, lol!
I am edging towards not completing it at all. It looks like it would also be sensible to avoid ‘off the record’ conversations.

OP posts:
Viviennemary · 27/02/2023 00:17

I think these questions are far too invasive. I would leave some questions blank. I agree it's not worth giving a detailed negative reference in this case.

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