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Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13246
Experience:  30 years experience in business law and related topics such as employment law
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Senior Partner I have just checked the reference it is one

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Senior Partner
I have just checked the reference it is one of those online references that you do for homelet, and I have observed there was a clerical error in that, too, what happened was the Claimant had rung the office and left a message for my boss that a reference is required , his pa had access to his emails and she thought that, she should complete the form and send it, for the avoidance of doubt to confirm the clerical error were the company's employer details are the pa had inserted my boss details name and partner so that itself is obvious that is was an error
can you assist me in drafting a disclaimer please so we write to the agent this happened two weeks ago
Submitted: 1 year ago.
Category: UK Law
Expert:  Senior Partner replied 1 year ago.
Thank you for your further question. I am afraid it is pretty pointless writing a disclaimerIf the reference was given the fact that it was not authorised internally is of no relevance and if it was relied on in granting the tenancy it is now too late.

I repeat my advice that you should take everything to a solicitor
Customer: replied 1 year ago.
thanks Senior Partner but can we not write a letter to the agent and advise them of the mistake my boss made a note and said to consider on investment however it is obvious that there is a clerical error as the pa wrote my boss name on the bottom, this is not a matter for the employment tribunal but just to inform the agent of the mistake to self guard my boss, I will forward the case to a barrister friend of mine via direct access but I am stressing out as it really is not fair
Expert:  Senior Partner replied 1 year ago.
If the lease has already been entered into then you would make things worse by writing to the agent . You would in effect be saying the reference was issued negligently and that would be an invitation to the landlord to sue you if the tenant defaults. I think you need to leave it to your boss to sort out with his pa. The fact is othe reference has been issued.
Customer: replied 1 year ago.
I just checked the papers again its not an accountants reference but a credit reference out of which instead to indicate her name as the managing director where the details of the employer was the pa has indicated my boss name
Expert:  Senior Partner replied 1 year ago.
As I understand to this was a reference for a landlord confirming employment . It does not really matter in whose name it was given. If the agent has relied on it that is the end of the matter , your cannot undo it. If it is raised as an issue in the tribunal your I can say to was a mistake but so far as the landlord is concerned if they have granted a lease on the basis of it then they can make a claim if it turns out to be false or inaccurate and loss results. If the rent was paid in advance then it is unlikely to be an issue as it is default in payment of the rent that leads to claims. If the rent is paid initially then there will not be a problem. You are not giving a guarantee only a reference.

I do think however from every thing you say that you ought to get proper advice. There are clearly 2 sides to this story and just saying nothing in was signed or it was a mistake is not necessarily going to excuse everything. It requires a proper review of all the papers and conrespondnence etc.
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13246
Experience: 30 years experience in business law and related topics such as employment law
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