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Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Question; on a tenants reference report for their current tenancy

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Question; on a tenants reference report for their current tenancy it's states::


Managing Agent/Landlord:

Satisfactory Reference: TIED IN UNTIL: 31/03/14

-----

What does "tied in until" mean? - Does this mean the current tenancy for the applicant is still ongoing to this date?

In addition is states the current rent paid is: £1600 PCM but when I look at the salary of £32,000 it looks neigh impossible that a tenant could possibly covering the rent plus expenses etc. (ie based on 40 x rent for yearly salary).

The report states the applicant is a PASS. Am I missing something here on this report? Is the agent or tenant vetting company pulling a fast one? Or has the applicant provided "questionable" information?

The agent says the applicant is fit for tenancy but if I proceed I'm liable for anything that may occur. I'm a little concerned if I should proceed or not.

I think I'm missing something but the agent assures all is well but the decision is mine.

Any advice would be appreciated.
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Thomas replied 11 months ago.
Hi

Are you being asked to provide the reference on behalf of the tenant ?

Topm
Customer: replied 11 months ago.
No I'm the landlord. These are the references from the agent who uses a third party provider.
Expert:  Thomas replied 11 months ago.
Okay. You are proposed landlord and the reference has been provided on behalf of a proposed tenant.

You have stated "The agent says the applicant is fit for tenancy but if I proceed I'm liable for anything that may occur", can you tell me what you mean by this?

As landlord you would be liable simply to give quiet enjoyment to the tenant and sundry issues (eg. repair etc)..

Tom
Customer: replied 11 months ago.
I'm more interested in what the actual references mean; "Tied into until" etc.

I'm more interested in knowing what the actual references states.

I know the agent tries to waive the responsibility of however the tenants behaves if I the landlord proceed with tenancy after references.

That's why I'd like to know what these references actually mean.

Hope this helps?
Expert:  Thomas replied 11 months ago.
Hi

Thanks for your patience.

The language is pretty inexact, I agree.

I would imagine that it means that the tenant has a tenancy until 31/03/2014. Therefore, I presume that either there is a break clause which permits him to terminate earlier than this date (which begs the questions of why could they simply not say that) OR that the current landlord has agreed to mutually surrender the tenancy with the tenant.

It’s wooly language, seeing as the agent is responsible for obtaining it and presumably sees quite a lot of them if they deem it suitable for your purposes I would ask them to clarify exactly what it means. Make them earn their commission, that’s what they are there for.

Reference only provide comfort. They don’t provide you with another avenue of legal recourse which is enforceable so while they may be helpful it determining how good a tenant will be there is not a great deal you can once they have executed the tenancy, apart from vote with your feet and not use the agent who deemed the third party provider a suitable verifier of references.

If in any doubt upon the agent’s reply then insist upon a guarantor for the tenancy.


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Kind regards,


Tom
Customer: replied 11 months ago.
Thanks. Yes it's very convoluted. Don't really understand the information they're presenting.On that note. If there are any mistakes in the references made by the agent do I have any legal recourse - or do you waive all legal rights once you proceed?
Expert:  Thomas replied 11 months ago.
Hi,

Your claim against the agent would be a contract claim. So, you would effectively you would be looking to see if there are any express clauses in your agreement with them which they breach, or a claim under the supply of goods and services act for not providing their service with a reasonable care or skill.

I expect that if the references were obtained in good faith and it was a case of simply mistake then there would not be a great deal you could do, especially since you have had an opportunity to actually view the reference yourself.

Please remember to rate my answer.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 11 months ago.
Cheers XXXXX XXXXX a tough gig! Basically all up to e landlord! :))

Makes you wonder why they do references at all if you can't protect yourself.

Thanks again.
Customer: replied 11 months ago.

Sorry one last question;


What does this statment mean from a legal standpoint on the reference report: "good for your figure and purpose" ?


 


 

Expert:  Thomas replied 11 months ago.
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Customer: replied 11 months ago.

Thanks! :-)

Expert:  Thomas replied 11 months ago.
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