Any legal obligation on landlord providing reference

Marie1976 · 18-06-2023 10:55am #1

Hi

Is there any legal obligations on a landlord providing a reference to a tenant?

Instead can a landlord say that they won't be providing a reference?

Rows Grower · 18-06-2023 11:06am

Of course a landlord can refuse to provide a reference, they can also say they will provide a verbal reference to any potential new landlord and tell them the truth about a tenant.

Marie1976 · 18-06-2023 11:13am

https://www.boards.ie/discussion/comment/120729745#Comment_120729745

I was threatened with legal action by my tenant if I don't provide one and I don't like the sense of entitlement so am I legally required to?

apkmbarry · 18-06-2023 11:15am

https://www.boards.ie/discussion/comment/120729764#Comment_120729764

Obviously they're "threatening" legal action because you refused in the first instance. Why were they refused at first? There's no real reason why you shouldn't give a reference, they've been near staple in people finding rental accomodations and you probabyl even require them yourself.

Iodine1 · 18-06-2023 11:29am

Just say: "Mr rented my property from x/x/20xx to x/x/2023. If you require any further clarification please contact me at 08........"

Rows Grower · 18-06-2023 11:41am

https://www.boards.ie/discussion/comment/120729772#Comment_120729772

It's none of your business why they were refused at first, they are not "entitled" to a reference.

Marie1976 · 18-06-2023 12:03pm

https://www.boards.ie/discussion/comment/120729772#Comment_120729772

I didn't refuse, I didn't have access to my email and the threat came the day after the request.

But I won't be providing one now with that attitude.

Marie1976 · 18-06-2023 12:23pm

https://www.boards.ie/discussion/comment/120729947#Comment_120729947

I am not blocking them from anything. What if I was to give a negative reference?

I'll tell them if I receive an apology and a better approach I'll consider it. Maybe it was panic as you said but you won't get anywhere with an "I'm entitled and you better reply" attitude especially to a person providing you with a home.

Mrs OBumble · 18-06-2023 12:35pm

Do you want to get rid of the tenant?

Sounds like you may be cutting off your nose to spite your face.

Marie1976 · 18-06-2023 12:40pm

https://www.boards.ie/discussion/comment/120730043#Comment_120730043

Yes this is the problem. If you don't give a positive reference you are stuck with them and you're shafting another landlord by not being honest.

18-06-2023 12:44pm

That would raise my dander too. There’s any number of reasons why a person might not have access to email. If they were panicked they could try and contact you in another way and simply explain they need a reference asap, threatening legal action shows a certain mindset tbh and I certainly wouldn’t want to take them on as tenants.

HeidiHeidi · 18-06-2023 12:46pm

This sounds really petty.

If the tenant is leaving, provide an honest reference that reflects their tenancy, and wish them well.

Why would you want to play God with their immediate future by refusing a reference because you don't like their tone (in an email!)

Things are bad enough out there for tenants without this kind of childish behaviour.

blackbox · 18-06-2023 12:51pm

You have no legal obligation to provide a reference.

Doing so is an act of goodwill.

However, if you do give a reference it must be factually correct.

Marie1976 · 18-06-2023 1:01pm

https://www.boards.ie/discussion/comment/120730076#Comment_120730076

https://www.boards.ie/discussion/comment/120730086#Comment_120730086

https://www.boards.ie/discussion/comment/120730113#Comment_120730113

If I provided a factually correct reference no landlord would touch them

18-06-2023 1:33pm

As somebody suggested a plain “reference” of bare facts will suffice:

To whom it concerns

Ms X and Mr Y were tenants of my property at 6 Bloggs Hall dating from X to Y.

Yours faithfully

Marie

marie@email. com

Phone XXX XXXXXXX

7 Bloggs Avenue

SteM · 18-06-2023 1:45pm

https://www.boards.ie/discussion/comment/120730293#Comment_120730293

Leave out your phone number and email address, it will just encourqge the new landlord to follow up.

If the tenants have been that bad then you don't want to get into a 'he said, she said' type argument down the line, where you say something negative over the phone to the new landlord that stops them from letting the property but that you can't later prove.

Make it as basic as possible and don't encourage any follow up.

Marcusm · 18-06-2023 3:31pm

https://www.boards.ie/discussion/comment/120730004#Comment_120730004

Just write “X was a tenant at my property from a to b and I am providing this reference under threat of legal action”.

Marie1976 · 18-06-2023 5:00pm

https://www.boards.ie/discussion/comment/120730674#Comment_120730674

I'd love to do this but they would probably bin it however I might mention it if there is a follow up.

Nigzcurran · 18-06-2023 5:20pm

Would you prefer if they couldn’t move because of lack of a reference and decided to stay put in your house? Could end up being a nightmare for you

Marie1976 · 18-06-2023 5:29pm

https://www.boards.ie/discussion/comment/120731107#Comment_120731107

This is the problem. A landlord is more or less forced to give a positive reference to get rid of tenants.

I'm looking forward to selling, one less rental for renters.

Caranica · 18-06-2023 5:55pm

References should always be factual and as brief as possible. Confirming dates of tenancy is plenty. Some will add if the rent was paid on a timely basis, less is more in my book.

21-06-2023 7:55pm

Can’t believe I am reading this.

OP, the main beneficiary of you providing a reference to problematic tenants who have agreed to leave, is you. If they miss out on their next home because you wouldn’t give them what they need to help them leave, then you deserve what comes next. The laws of unintended consequences can be both harsh, and expensive.

Del2005 · 22-06-2023 7:54pm

https://www.boards.ie/discussion/comment/120730335#Comment_120730335

If there's no phone number or email then why bother getting the landlord to write the reference? Just write your own and give a friends details.

If a reference can't be verified it's no good. There's no need to worry about slander or any other actions. The only question that counts is "Would you rent to them again" and the 1 word answer isn't illegal

rondog · 29-06-2023 2:54pm

OP- Just tell them you havnt go time to write a full reference and leave your phone number.

Be honest with the new LL as bad tennants should be named and shamed as they give a bad name to all others.

If you wan them out of you rhouse tell them you are selling and they have to leave.

People saying you should give a positive reference are everything wrong with ths world where we justify bad bevabiour and allow people to get away with murder(figurativey speaking).

Any legal obligation on landlord providing reference

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