Our letting agent placed a sex offender in our property!!

[SunshineAndFizz]

We have a rental property and use a letting agent to find new tenants when needed - they do all the viewings, contracts, background checks etc. and once a tentant is in, we manage the tenancy ourselves.

This time we had loads of interest, several people wanted to rent the property and the agency recommended one couple above the rest (good jobs, finances etc,) so that's who we went with.

A few weeks after they moved in (we still hadn't actually met them ourselves) we Googled their names - random impulse after we'd been chatting about them - and discovered the husband had recently plead guilty in court to a number of child offences!

We'd never have rented to someone like that had we known - from a personal perspective I just didn't want to have anything to do with dealing with someone like that - and from a landlord perspective I felt it could put the property at risk (i.e. if others found out could they properly be targeted with violence).

I feel daft for not doing any checks/searches myself but that's what we were paying the letting agency to do. I assumed criminal checks were done but turns out it's just credit checks.

I now want them to manage the property so I don't have to deal with this man, until we can get them to leave (next challenge) and I don't think it's fair that they charge me for this, since they recommended them to us.

Do you think they should cover the management fee? Do I have any rights to insist this? Any general advice?

I think it depends on what the offences were and the location eg. if it was against small children and you’re next to a primary school you should give notice.
I think you do have social responsibility both ways. (I’m a landlord too).

I'd be worried about invalidating insurance. I'm pretty sure we get asked if we have a criminal record when we take out our house insurance. Is landlord insurance different?

england.shelter.org.uk/housing_advice/private_renting/how_to_find_your_landlord

"Your agent must give you the landlord's name and address if you ask for it in writing."

^ I wouldn't really want my personal address handed out to sex offenders. Or my rental property being targeted by vigilantes.

You must not have children

Legally speaking I dont think letting agents are allowed to do criminal record checks. I don't think tenants can be evicted for having a criminal record either, sounds like you need some legal advice.

Whilst I'm 100% on Landlord's side, it's highly illegal to end a tenancy on the basis of a desire to sell and then later 'change your mind' It's called a 'Revenge Eviction. Google it

At this very moment in time, they can be served a Section 21 which is for a No Fault Eviction. However, they are abolishing these. Not been outlawed just yet though.

Problem is - If the tenant decides/realises it's because of his photo being in the paper, he stands very good cause for claiming it's a 'Revenge Eviction' which very much IS illegal already. This would result in serious problems for the OP. He would need to have joined all the dots and already be aware of the new Revenge Eviction Law

I’ve never been asked about criminal convictions when taking out house insurance! What a ridiculous idea!!!

I have children. I’d like to think that a convicted sex offender was being checked in where they were living, ie not near the types of people who may have been their victims. So rapist - not near women, paedophile, not near children.
but I’m not stupid enough to believe that only some people in society deserve a decent place to live.
What would you have happen in all honesty?

Absolutely! More fool you.

How do we house a rapist away from
women!? A men’s only, rapist colony?

We have a sex offender across the road, I only found out because he was in the community newspaper. His wife informed on him and it transpired he'd downloaded thousands of category 4 images. He didn't get a prison sentence because he 'only' dealt with images and apparently he's not a risk as he never approached a child in real life

How would you feel if the landlord next door had moved a child abuser into your neighbourhood? I’d be fuming, with the landlord, personally. But there you go - landlords often couldn’t give a damn about the neighbourhood they’re ruining, and make no effort to vet their new additions. Money money money!!

Even if he did have a criminal record how do you think any agency or landlord would know this?

Its not relevant to check that and you wouldnt be able to anyway

@ soontobe 60 I’ve never been asked about criminal convictions when taking out house insurance! What a ridiculous idea!!!

I've always been asked ; most insurers do. But then I always read ALL the terms and conditions when seeking a new policy.

When I was a LL, I required prospective tenants to provide personal references from current employer; and I always contacted the referee . You'd be shocked to know how many references are complete lies.

I think there are loads of sex offenders we just don’t know about them.
Letting a home is a business. Do you need to be so involved.Plus if he goes to prison surely his wife needs somewhere to live? It doesn’t sound like she has done anything wrong. They might not even stay together. I would let them stay and just let the agent manage it.

Reading the terms and conditions is NOT being asked if you have any convictions. As I have owned property for over 40 years, and insured those properties every year, I am very familiar with the questions asked.
car insurance will ask if you’ve got any driving offences, or been refused car insurance. But that’s not house insurance.

A reference from an employer for a tenancy cannot include information about someone’s criminal history.

Fair point. I guess we never know who we’re living next door to!

My partner works with high risk sex offenders, I can assure you there are a lot more than you think there are but they are closely monitored.