Housing/landlord advice needed

[thevoid]

Wondering if there are any budding housing law experts on here?

Basically my cousin and her fella have been asked to leave by her landlord. That bits fine, it's his house and his choice etc

To cut a long story short they've looked after the house and always paid the rent without fail. They haven't reported any cosmetic issues (cupboard doors, cracked tiles etc) as it would fall on deaf ears but the landlord started getting arsey when they reported a few electrical issues which is H&S and the LL's responsibility. He apparently threatened to increase their rent for this.

They've found another house but now the landlord is not replying to any request for a reference. Is this legal as surely the landlord is breaching contract by not replying? He's not given a bad reference, just refusing to respond to the requests thus far. He has no grounds to give a bad reference anyway. They're worried about missing out on the new house.

Also, if notice has been served, are they obliged to carry on paying rent?

[svengaliinplatforms]

valorproperties.co.uk/news/is-it-illegal-for-a-landlord-to-not-provide-a-reference/#:~:text=No%2C%20landlords%20have%20no%20legal,the%20legalities%20surrounding%20the%20topic.

[prestwichpotter]

Apr 14, 2022 13:01:39 GMT thevoid said:

Wondering if there are any budding housing law experts on here?

Basically my cousin and her fella have been asked to leave by her landlord. That bits fine, it's his house and his choice etc

To cut a long story short they've looked after the house and always paid the rent without fail. They haven't reported any cosmetic issues (cupboard doors, cracked tiles etc) as it would fall on deaf ears but the landlord started getting arsey when they reported a few electrical issues which is H&S and the LL's responsibility. He apparently threatened to increase their rent for this.

They've found another house but now the landlord is not replying to any request for a reference. Is this legal as surely the landlord is breaching contract by not replying? He's not given a bad reference, just refusing to respond to the requests thus far. He has no grounds to give a bad reference anyway. They're worried about missing out on the new house.

Also, if notice has been served, are they obliged to carry on paying rent?

There is no legal obligation for a landlord to give a reference.  A reference can only consist of the facts anyway such as "was the rent paid on time", "was there any damage" etc.  so I would suggest they print off all their bank statements since their tenancy began to highlight that all rent was paid on time, and take fairly detailed photos of the property showing it's good condition.  Try and get a character reference from someone other than the landlord (a handyman that has been round to the property and seen that there were no issues, or a previous landlord if they rented before for example) and be honest and upfront with the new landlord/letting agents and explain the situation and offer to send in all the information as listed above.

Yes they will need to pay rent to the end of the notice period if it's contractual, and withholding payment would only turn no reference into a bad reference I'm sure.

I know it's stating the obvious but Citizens Advice are usually bang on with this type of thing as well so always worth getting in touch with them as well......

[Rednwhitenblue]

No idea where it is or the exact circumstances, but if they want to show a prospective new landlord that they have looked after their current house, but can't get a reference to prove it because the existing landlord is being difficult, could they invite the new landlord round to see for themselves?

I appreciate that if it's a management company or the landlord is miles away that wouldn't work.

[thevoid]

Thanks, some useful info here and will pass this on.

[hcstokie]

It’s not illegal to not respond to a reference request and it’s unlikely that their tenancy agreement would list a reference as an obligation for the landlord to complete should one be requested.

If I were them, I’d provide bank statements highlighting their rent payments each month. I’d also provide a credit check, Experian provide them very cheaply and easily, that you can do online and print off. This would cover the finance aspect which most landlords are interested in.

As already mentioned, character references are an option. They may also want to offer to allow access for a property inspection to allow the prospective landlord or their agent to check the condition of their current home.

They need to continue to pay rent whilst they remain on the property. The worst thing they can do is stop paying. Also, they do not need to vacate the property on a notice expiry date. They should remain in the property as the landlord would need to apply to court and get a possession order before they are legally required to vacate. This can take up to 6 weeks depending on solicitors and the court, so it buys more time.

In all likelihood, he’s probably not responding as he doesn’t want to lose them as a tenant as they pay their rent on time and cause no hassle. If they leave he’ll have to advertise it, probably do the work and miss out on the rent whilst it’s empty.