UK Property Law
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The estate agency presented reference reports from the tenants with false information. It has been since concluded that the tenants entered the correct information but the agency did not and thus the tenants looked like excellent candidates when in fact they were borderline fail.
The advice I received was that this is more criminal than civil.
Thus not sure which way to go. Should I continue to pursue civilly?
I should add; that I was told to be careful. As I should never use the threat of criminal action in a civil suit.
That makes perfect sense and agree.
I was just worried that my civil claim would taken out of my hands and become a criminal matter. I tend to agree with you. If it was large scale banking fraud then it would be a different matter. But this is really a dispute between two parties over a small sum of money. The police have better things to do with their time. And right you are they could choose not to investigate.
One last question; Should I still be careful of making any mention of the "falsification of business records" in the civil compliant?
I am dealing with a large agent who is UK wide and has global offices around world. This is not some small agency in provincial england who messed up. Point being large companies should have compliance and procedures to ensure these types of issues don't occur - ie one employee changing the document for their own gain.
Sorry one last question;
What does this statement mean from a legal standpoint on the reference report: "good for your figure and purpose" ?
Coming back to this < you have to read from the top again for memory > ; but if it was discovered that the agent modified the reference forms from the refining company prior to presenting to myself the landlord - does this now enter the world of falsification?
The agent conducted reference checking via a 3rd party for myself the landlord.
As the rent was lowered on the reference forms to allow the tenants to pass the financial checks it has always been explained as a minor “administrative error” - ie someone accidently typed the incorrect figure.
It’s since been discovered that the documents have been altered by the agent. As they have left their digital “signature” inside the file of the chanages they made.