Bad Tenant Register

[Paulhar]

Hi All,

The subject of setting up a bad tenant register keeps getting rejected by people saying it is against the law, however, I fail to see the difference between this and what the credit reference agencies do. Basically any tenant paying rent monthly is in a very similar position to anyone buying something on credit - failure to keep up the payments results in civil action.

I am no lawyer but I have looked into the Data Protection Act and I cannot see the problem. One paragraph will need to be added to new tenancy agreements to let the tenant know that their details will be recorded on the register and they will sign the agreement to consent to this (the same way a credit buyer consents on a credit agreement). The other requirements of the DPA are quite easy to satisfy, ie that the data is secure, that tenants have the right to challenge and change their information etc.

There is also another issue whereby publicly revealing specific information about a bad tenant might be considered defamation of character. This could be overcome by giving a tenant a rating (like a credit rating) of 1-100 where 100 is the perfect tenant and 1 is a 'don't touch them'. So when a tenant applies for a let the landlord will search the register and will not hear any details about the tenant's history, he will just be given a number and then it is up to him to decide whether to proceed or not.

It could work both ways with landlords also having their information held in the same way giving tenants the ability to know whether or not their prospective landlord is any good.

The eventual outcome of all this would surely be to raise standards on both sides by giving both landlords and tenants an incentive to behave well.

I would welcome comments from people with legal training about this. The number of posts on this forum from landlords who have suffered huge losses at the hands of bad tenants clearly shows that something like this needs to be done.

Cheers

Paul Harman

[Selkirk]

Hi Paul

I agree in principle what you say but this type of register is open to abuse, what if the LL has a problem with an outgoing 'perfect' T. There are without doubt some equally nasty, vindictive, money grabbing LL's out there.

The only fair I can see is for a LL to use the legal channels available, if the courts decide in favour of the LL then a suitable CCJ on their credit record should suffice which would be found as part of the reference check.

cheers

Selkirk

[Paulhar]

Hi Paul

I agree in principle what you say but this type of register is open to abuse, what if the LL has a problem with an outgoing 'perfect' T. There are without doubt some equally nasty, vindictive, money grabbing LL's out there.

The only fair I can see is for a LL to use the legal channels available, if the courts decide in favour of the LL then a suitable CCJ on their credit record should suffice which would be found as part of the reference check.

cheers

Selkirk

I can't see why any landlord would file bad information against a good tenant knowing that the tenant would then retaliate and do the same. The CCJ route only works if the landlord has the tenant's new address and most landlords would not want to throw good money after bad anyway.

Now the good news . . .after a bit more research it would appear that someone has had the same idea as me and has already set up such a register.

www.landlordstogether.co.uk

I intend to use this with every tenancy from now on and if all other landlords did the same I'd like to think eventually it would make a difference.

[climbinghigh92]

I can't see why any landlord would file bad information against a good tenant knowing that the tenant would then retaliate and do the same. The CCJ route only works if the landlord has the tenant's new address and most landlords would not want to throw good money after bad anyway.

Now the good news . . .after a bit more research it would appear that someone has had the same idea as me and has already set up such a register.

www.landlordstogether.co.uk

I intend to use this with every tenancy from now on and if all other landlords did the same I'd like to think eventually it would make a difference.

[/quote

while i think this is good its not relly regulated and needs protection just as peopel dont pay bills on there credit card a court is involved and tenents can applel against it and the situation is looked at by an impartialperson such as a judge who decided the best course of action, from expeareanice i have not had a plessent couple of years with some LL and may use this system to black mail peopel just as i wouldnent be surpised if theat LL had used if he knew it existed.

[mad_maz]

Hi Paul

My husband and I have thought for some time that a register of some kind was needed to help protect Landlords from bad tenants. Unfortunately due to the Data Protection rules we have hit barrier after barrier. We made the suggestion to our Landlords Association who agreed that it would be a great idea, however they too have reported back that it may not be possible.

I have not viewed the website that you mentioned, however I intend to, and if it is suitable for my needs I will definitely register with it.

Too may tenants make a mockery of Landlords, and whilst the majority are great, there will always a minority who move from one rental property to the next. They accrue rent arrears and damage in their wake and often get away with it - a credit check will show a Landlord where a CCJ has been applied, but you can only get a CCJ if you have a forwarding address for the tenants.

I think that all Landlord Associations should be able to hold such data for their members (or tenants) to access.

If anyone has any experience of this type of register, it would be useful to hear how it is working.

Maz

[Mortitia]

Well I hope that all of you going to join this site are ready with your National Insurance numbers and all the other extremely personal data they seem to need.

Personally I think I'll give it a miss.

Mortitia

[MikeJP]

I am all for a register.

They dont pay rent, but sometimes not worth taking them to court, you will not get anything, One I had paid the first 3 months rent and nothing after that with the agent messing about, took a yr to get them out. Still keep getting bills for them some from logbook loans etc even a bank onto my estate agent selling the property.

Another tenant same agent, 1st months rent plus bond, and nothing after that. told them to get out not renewing after the 6 months. place was left like a pig sty. and they had 2 small kids.

NOT using that agent again. So a register. YES

[SPEEDTWIN]

A bad tenant registor is open to abuse and incorrect info put on it just the same as a bad landlord registor is.

But what i dont understand is why doesnt someone start a registor of eviction notices. If a L/L or agent has been to court and got a possession order it is in the public domain but one seens to colate this info.

All you want need is the tenants name, tenancy address, court address and Claim No which would be checked. What can be wrong with that?

A lot of tenants get evicted by s21 but no one colates that info.

If a tenant gets evicted by s8 the rent arrears part gets put towards a ccj whic is easy to access.

[partrim]

I would love to place details of 'bad' tenants on a register, but would only consider this if it was properly and officially regulated. That's a huge can of worms, which would need considerable funding.

As previous posters have mentioned, there is already an existing mechanism in place for dealing with this – i.e. through the county courts system. I am currently owed 6 months rent and have a Section 21 which 'matures' in 10 days time. I don't expect to recover a bean from the tenants, but will still progress with my claim to prevent this happening to other landlords. I would urge all landlords to do the same.

If you don't have their new address there are ways and means of finding them. I've just found one of the joint tenants (who 'fled' a few months ago) using a trace service from a solicitor. They quoted £10 to £85, which in my view is money well spent! If you have two previous addresses (have a look on your tenancy agreement – there will be two addresses there, including your property) then they are relatively easy to find.

[LadyLea]

I keep a note of tenants that cause me problems, and prefer not to deal with them again if they mess me around in any way (even not attending viewings).

It's not a register as such ..... but it does help me avoid having my landlords getting messed around. You can often tell by someones attitiude from the start if they are a messer.

There are a few local landlords - and we do chat informally about bad tenants.

[greengriff]

I think everyone who is worried about a bad tenant register being abused is missing the point. If a tenant is wrongly entered and they miss out on a tenancy whilst they get their name cleared off the register (easy enough if they're genuine), then not a lot has been lost. However you poo-poo the idea of a register and a bad tenant gets the keys to your property worth 100 grand or more and proceeds to trash it and not pay rent, the consequences could be pretty hefty. I.e. bankruptcy, repossession, your kids going hungry etc. Having suffered with terrible tenants who passed credit referencing I am 110% behind the idea. You and I both know desperate landlords will give a good reference to a bad tenant to get them gone. Also they might not go for a CCJ either becaue of the hassle, especially with benefit tenants as they have no way of getting the money from them.

We use letmatch bad tenants and I get a warm glow of satisfaction thinking that I might be screwing over my scumbags the same way they tried to screw me!