A landlord reference can be very important for a tenant.
Without it, a renter will be limited with where they can live.
But can a landlord give a bad reference?
Find out by reading on.
What is a landlord reference?
A landlord reference is letter (or email) from a landlord on the behaviour of a past tenant.
It is given to another landlord as a reference point for how a potential renter will likely behave. The ultimate goal is for the latter to avoid problem tenants.
In it, the landlord should give honest feedback about the tenant. This could include details such as:
- Whether they paid on-time
- How much noise they made
- Damage done to the property
- Examples of good behaviour (or bad!)
- If they would recommend them to another landlord.
A landlord reference usually comes as a physical letter or an email.
If a renter doesn’t have a reference letter from a previous landlord, this can count against them. It may indicate problems with the tenant.
Is a landlord required to give a reference?
No, a landlord is not legally required to give a reference for a past tenant.
A renter can ask their landlord to give one. But the landlord doesn’t have to do so.
This scenario can put the tenant in a difficult position because they’ll need to explain the situation to their new landlord.
The new landlord may trust them less because they don’t have third-party proof of their behaviour.
Sometimes, the landlord may have recently bought the property from your previous landlord.
In this circumstance, they could reasonably argue that they haven’t interacted with you long enough to be able to provide a reference.
Can a landlord give a bad reference?
Yes, a landlord can give a bad reference.
The landlord must always be honest in their answer. They are required to do so. But if their experience was negative, they can state this and give details.
Many experts suggest that a landlord reference focuses on factual information.
This might include details about:
- Payment amounts
- Payment dates
- A report about damage done to the property (if applicable).
Avoiding subjective opinions makes it an ironclad reference.
Am I forced to show my landlord reference, if they give one?
Your former landlord usually sends a reference directly to your prospective new landlord.
So, you won’t see it.
Your landlord has the right to write a reference if they wish.
If you disagree with the contents, you can challenge it. (More on this below.)
Can a landlord refuse to write a reference letter?
Yes, a landlord can refuse to write a reference letter. This is often done because they’ve had a negative experience with the tenant.
This will not look good for the tenant. However, it may be less bad than a bad reference.
Reasons to complain about a landlord reference
Landlords should keep three key things in mind when writing a reference.
Failure to act in these areas could leave them vulnerable to a complaint.
Defamation
A tenant can complain if the reference is ‘defamation’.
This means that what’s written is untrue, misleading or exaggerated. In extreme cases, the tenant can even take the landlord to court for this.
Negligence
Negligence could be down to the landlord failing to complete the reference or missing out on key details.
Data protection laws
Conveying information that’s protected under GDPR gives a tenant a viable reason to complain.
What can I do if I feel my landlord reference is unfair?
You can challenge a landlord reference if you think it’s unfair.
Request a re-write
Your first step is to challenge the reference. This involves writing your desire for a rewritten reference to the landlord.
You should keep a copy of this and avoid negative language, such as insults.
Approach a regulatory body
If you get nowhere with asking for a rewrite, then you can approach a relevant regulatory body.
The Property Ombudsman is the most common example.
You should get a copy of the reference and then explain your disputes with what’s been written. Backing this up with evidence will strengthen your case.
Get legal advice
You could also seek independent legal representation when challenging a landlord reference.
This could go to court, where you must show evidence that their reference was defamatory, negligent, or breaks GDPR rules.
How to get past a bad landlord reference
Ask earlier landlords
If you’ve had several landlords in the past, then you could get a reference from one of your other landlords.
If you had a positive experience with them, and they write kind things about you, then this can help the situation.
It may also help if your most recent negative experience was long ago. It could reassure your new landlord that you’ve changed in the years since.
Be honest with new landlord
You should be honest about the situation with any past landlords.
A prospective new landlord may feel better if you’re completely honest about any disagreements.
It could be, for example, that your landlord was at fault in disputes. A range of potential issues can cause conflict between landlords and tenants, including:
- Landlords not supplying heating
- Landlords not addressing issues such as pest control
- Landlords entering properties without due notice
- Landlords unreasonably raising rent
And more. If you have evidence for these issues, your new potential landlord will likely be more understanding.
Increase payments
There are other ways you can make yourself a more attractive tenant. Offer to make a larger up-front deposit.
Or agree to increase your monthly payments. Being communicative and responsive throughout your application process will also help.
