Landlord is evading to provide reference letter

bonjurkes

I am currently living in a house owned by a person (not agency), and I found a better house (which is handled by agency). As usual, agency wants to check on my references. I gave them my work reference and they are asking for my current landlord's reference (which is quiet normal).

I told my landlord that I need reference letter to give the housing agency but he is evading it. He either doesn't responde to my SMS (with proper answer), he doesn't pick up my phone call or doesn't return my calls.

When he returns to my SMS he just says that I don't need to look for a new apartment, what is wrong with the current one etc. I asked him almost 3-4 times via SMS to give me a reference letter but not succeeded (he doesn't say yes or no)

How should I proceed at this point? Agency is not really happy because normally they just need a letter, but I accepted double deposit payment, sent them my bank statement (showing my transactions for rent payment) and I will send them photos of my current apartment.

The current house is not registered on Tenancy Board website, I think I can file a complaint there but I am not sure if it's a problem that my house is not registered there.

I can't notify the landlord as I am leaving the house because I didn't signed any contract with the new house as they require landlord reference letter. And I don't want to notify of leave without finding a house officially.

spaceHopper

He is not legally obliged to give one. Invite the agency to inspect the current one you live in or have you ever had another LL as them?

bonjurkes

This is my first real LL, my previous one was company apartment. I didn't know LL is not legally obliged to give one. But all agencies or LL as person asks for reference of current LL. What can be done as this stage? Agency said that if I can provide them widescreen photos of the current apartment, it might work, but that doesn't sound assuring to me.

Is it wrong to insist my landlord to give me reference letter tho?

Lux23

spaceHopper wrote: »

He is not legally obliged to give one. Invite the agency to inspect the current one you live in or have you ever had another LL as them?

He is legally obliged to register the property though. The OP should tell them they won't report him if he provides a written reference.

bonjurkes

He finally responded saying that he is not giving me a reference letter because I am breaking the contract without a clear reason. And now he is willing to fix all of the problems I am having at the place if I send him an email.

Is it a crime to break 1 year contract with or without a reason? Can't I leave an apartment before 1 year for any reason (finding a better home, getting married and needing a bigger place) etc with legally decided notification time etc.?

I think I can but does it mean in this case I can't get a reference letter?

Fian

bonjurkes wrote: »

He finally responded saying that he is not giving me a reference letter because I am breaking the contract without a clear reason. And now he is willing to fix all of the problems I am having at the place if I send him an email.

Is it a crime to break 1 year contract with or without a reason? Can't I leave an apartment before 1 year for any reason (finding a better home, getting married and needing a bigger place) etc with legally decided notification time etc.?

I think I can but does it mean in this case I can't get a reference letter?

It is not a crime, it is breach of contract. You would be legally liable for any shortfall in rent.

you cannot force a reference.

jamesthepeach

bonjurkes wrote: »

He finally responded saying that he is not giving me a reference letter because I am breaking the contract without a clear reason. And now he is willing to fix all of the problems I am having at the place if I send him an email.

Is it a crime to break 1 year contract with or without a reason? Can't I leave an apartment before 1 year for any reason (finding a better home, getting married and needing a bigger place) etc with legally decided notification time etc.?

I think I can but does it mean in this case I can't get a reference letter?

Why do you want a bad reference anyway?
Sounds like it wouldn't be a good one.
Did you give them your current landlords phone number? What will he say when they ring him?

bonjurkes

What shortfall in rent? There is a breach of contract term in contract, which says "if you leave without proper notification time you lose your deposit. Otherwise you inform in written way giving 4-6 weeks of notification period before leaving home".

Asking for a bigger home (for any reason), leaving country or any other reason is okay as long as with proper notification time. If I say that I am leaving tomorrow, for any reason, then I lose my deposit and this is it.

jamesthepeach wrote: »

Why do you want a bad reference anyway?
Sounds like it wouldn't be a good one.
Did you give them your current landlords phone number? What will he say when they ring him?

I don't want a bad reference. Simply I was asking for a reference for 2 days and I didn't get "yes or no" as answer. He was always evading or dogding. He just said today that he is not obliged to give me a reference. I didn't know that and I am not pushing for it anymore.

I didn't give agency my landlord's phone number, I honestly didn't thought he will act like this. Because this is life and people move in and leave house for whatever reason. I was planning to shake hands, thank for everything and get my deposit back and move on.

Graham

bonjurkes wrote: »

He finally responded saying that he is not giving me a reference letter because I am breaking the contract without a clear reason. And now he is willing to fix all of the problems I am having at the place if I send him an email.

Is it a crime to break 1 year contract with or without a reason? Can't I leave an apartment before 1 year for any reason (finding a better home, getting married and needing a bigger place) etc with legally decided notification time etc.?

I think I can but does it mean in this case I can't get a reference letter?

If you were planning to get married or keep looking for a bigger/better place, it would perhaps be sensible not to sign a 1 year contract.

There are means by which you can find an alternative tenant without penalty but this still would not force a landlord to provide you with a reference.

bonjurkes

Graham wrote: »

If you were planning to get married or keep looking for a bigger/better place, it would perhaps be sensible not to sign a 1 year contract.

There are means by which you can find an alternative tenant without penalty but this still would not force a landlord to provide you with a reference.

There is no shorter option than 1 year contract, except student accomodation or places rented for summer time only.

When I was asked for a reference I thought that LL is obliged to provide one but it turns out that he isn't that's why I am not asking or forcing him anymore

davo2001

OP, have you checked if your current LL has registered his accomodation with the PRTB?

https://portal.rtb.ie/public_registrations.aspx

Cathmandooo

Unfortunately it sounds like you demanded a reference without explaining the whole situation to your landlord. That won't go in your favour, I wouldn't give out your landlord's phone number as he wont have a good reference for you.

Here is a link for info on terminating a tenancy, note the details under a fixed term tenancy
http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html#l1715c

bonjurkes

davo2001 wrote: »

OP, have you checked if your current LL has registered his accomodation with the PRTB?

https://portal.rtb.ie/public_registrations.aspx

I checked there, my home address is not listed there, which probably means that he is not registered at PRTB.

Also he asked me to pay him first 2 months of rent by hand as he doesn't have to notify revenue for first 3 months or something like that. He gave me a paper saying that he got the rent from me. And he actually told me that I better not go to revenue with these papers or he will be in trouble.

Ms Doubtfire1

OP - where is the property? in a RPZ? You also have the option to assign the lease to another person. LL MUST accept that (once you have someone)or accept termination. In case of a reference - he doesn't want to give one, you can't force him.

davo2001

bonjurkes wrote: »

I checked there, my home address is not listed there, which probably means that he is not registered at PRTB.

Also he asked me to pay him first 2 months of rent by hand as he doesn't have to notify revenue for first 3 months or something like that. He gave me a paper saying that he got the rent from me. And he actually told me that I better not go to revenue with these papers or he will be in trouble.

You might want to let him know that you know this.

jamesthepeach

bonjurkes wrote: »

I checked there, my home address is not listed there, which probably means that he is not registered at PRTB.

Also he asked me to pay him first 2 months of rent by hand as he doesn't have to notify revenue for first 3 months or something like that. He gave me a paper saying that he got the rent from me. And he actually told me that I better not go to revenue with these papers or he will be in trouble.

I always registered tenancies and never once did I find myself when I looked it up.

Graham

bonjurkes wrote: »

There is no shorter option than 1 year contract,

That's not generally grounds for breaking a contract early.

Have you found a replacement tenant to take over your lease?

bonjurkes

davo2001 wrote: »

You might want to let him know that you know this.

I started with PRTB registration, revenue topic will be the next step

Graham wrote: »

That's not generally grounds for breaking a contract early.

Have you found a replacement tenant to take over your lease?

He didn't demand that as I didn't officially gave him notice of leave, I didn't sign contract with the new house. I will give notification when other house is arranged.

I told him before getting the house (this doesn't prove anything or doesn't have any grounds) that if I leave early I can help him to find a new tenant so he won't be in bad position.

And his exact answer was "No thanks, I don't need your help. I can easily find another tenant without you helping".

But if he asks me to help, I will do my best.

Browney7

How long are you there? The only way to get out of a fixed term lease is to find someone else that's equivalent to you to assign it to. If landlord refuses the statutory notice period applies. If there was no fixed term in place the statutory notice would still apply. How long are you there?

You catch more flies with honey than vinegar. If you really want to move, advertise the place and propose to LL the person you find take over your lease. If he's not registered with RTB it'll cost him 180 to register you now if you're there a while. Could spin it that you are saving him 180 quid by leaving.

If you are in Dublin, I'd bet heavily that he won't pursue you for the remainder of the fixed term because he could find someone else to rent to no problem at all. Deposit recovery possibilities are near zero as it'll be kept in lieu of notice.

Graham

davo2001 wrote: »

You might want to let him know that you know this.

bonjurkes wrote: »

I started with PRTB registration, revenue topic will be the next step

Mod: Some of the suggestions here are getting very close to what some would consider blackmail. No more.

bonjurkes

Browney7 wrote: »

How long are you there? The only way to get out of a fixed term lease is to find someone else that's equivalent to you to assign it to. If landlord refuses the statutory notice period applies. If there was no fixed term in place the statutory notice would still apply. How long are you there?

You catch more flies with honey than vinegar. If you really want to move, advertise the place and propose to LL the person you find take over your lease. If he's not registered with RTB it'll cost him 180 to register you now if you're there a while. Could spin it that you are saving him 180 quid by leaving.

If you are in Dublin, I'd bet heavily that he won't pursue you for the remainder of the fixed term because he could find someone else to rent to no problem at all. Deposit recovery possibilities are near zero as it'll be kept in lieu of notice.

I am in Cork city. My tenancy agreement is default one, which has breach of contract saying that "I need to tell landlord 42 days before I move out of the house. If I fail to do that I will loose my deposit (I paid 2 deposits, so he will get to keep one).

I proposed him to find a new tenant if I have to leave early (before I move in) so he won't be in bad situation but he just said that "I can find another tenant easily, I don't need your help).

Graham wrote: »

Mod: Some of the suggestions here are getting very close to what some would consider blackmail. Don't go there.

Point taken

Browney7

bonjurkes wrote: »

I am in Cork city. My tenancy agreement is default one, which has breach of contract saying that "I need to tell landlord 42 days before I move out of the house. If I fail to do that I will loose my deposit (I paid 2 deposits, so he will get to keep one).

I proposed him to find a new tenant if I have to leave early (before I move in) so he won't be in bad situation but he just said that "I can find another tenant easily, I don't need your help).



Point taken

Is there a start date and a fixed term of one year specified in the lease? The statutory notice periods vary depending on the length of time you are there (less than six months, less than a year etc). Look these up.

Have you actually found a tenant for him to vet or did you phrase it that you would find him one.

It's quite messy and will require negotiation if you are to move on easily.

Ms Doubtfire1

QUOTE: 

I proposed him to find a new tenant if I have to leave early (before I move in) so he won't be in bad situation but he just said that "I can find another tenant easily, I don't need your help). QUOTE END.

You don't need his approval to go find another tenant - you just have to present one.

davo2001

Graham wrote: »

Mod: Some of the suggestions here are getting very close to what some would consider blackmail. No more.

No one was suggesting that, it is an offence for him not to be registered is it not?!

bonjurkes

Browney7 wrote: »

Is there a start date and a fixed term of one year specified in the lease? The statutory notice periods vary depending on the length of time you are there (less than six months, less than a year etc). Look these up.

Have you actually found a tenant for him to vet or did you phrase it that you would find him one.

It's quite messy and will require negotiation if you are to move on easily.

I'm living at my current place more than 6 months but less than 1 year. The notice period is 5 weeks, which is totally fine and of course I will pay the amount for 5 weeks period.

Ms Doubtfire1 wrote: »

QUOTE:

I proposed him to find a new tenant if I have to leave early (before I move in) so he won't be in bad situation but he just said that "I can find another tenant easily, I don't need your help). QUOTE END.

You don't need his approval to go find another tenant - you just have to present one.

I didn't officially told him that I am leaving my home as I didn't present him papers I need to send legally. Which means that I am currently still living in my current house.


Just asking, is it a written rule to find someone to replace your current fixed term contract? My tenancy agreement doesn't state anything about this (it's a default one). That's why I am asking.