Letting Agents and Tenant References and Checks by LettingFocus

Landlords using letting agents to find a tenant for them need to be very careful that they set out EXACTLY what references they expect the letting agent to obtain from the tenant as part of the reference checking process.
Those of you who have read my book “Successful Property Letting” will know that I tend to go a little bit further than most letting agents do in terms of the kind of the references I wish a tenant to provide.
Where the property in question is close to me I still tend to do the “finding tenant” job myself using websites like Upad -see the link at Services and Products for Landlords
I do the viewings myself and then get the tenants to provide the employers and past landlord references plus all necessary documents - which I then validate.
And I ask to see a lot of documentation too – bank statements, utility bills, proof of ID etc.
Plus I do a credit check.

Why Do It Yourself?

Sometimes I am pretty busy on my corporate consulting work and speaking engagements and I sometimes think to myself, “Hey, why am I still doing this myself?”
The answer is complex.
But I find that I can do reference checks a lot faster myself than a letting agent can do it, so I’m not sitting and waiting ages for a “Go” or “NO GO” decision on the tenant.
Plus I get to see all the references the tenants provide, I study them carefully and can make up my own mind as to whether they will be good tenants or not.
And with the stress and cost one has if one gets a tenant from hell, it is really a job that I am loathe to lose control of.

As an example of this, a consultee of mine recently used a letting agent.
The agent had the tenant fill in the application form. But though the tenant was from Korea (and clearly outside the EU) the agent did not think to ask to see the work permit from the Home Office.
Doh! Basic stuff! But all too common a problem, I'm afraid.

Agree What Checks Your Letting Agent Will Do

In this case, the landlord had not agreed in writing exactly what reference checks they wanted the letting agent to do when they had agreed for them to do the work to find the tenant.
It’s an easy mistake to make and one that I have to confess I have made in the past.
I do use letting agents from time to time (and I have to for my properties that are far away because I cannot physically do the viewings.)
However, the letting agency is fully appraised as to what refs I need and he sends me copies of the tenants application form and copies of the references obtained too.
I trust them.
In theory all good letting agents should be as thorough on reference checks as he is.
After all, they should not want to provide you with a duff tenant because that will strain your relationship (or it should!).
But some letting agency staff are blinded by the commission and frankly could not give a monkeys about the quality of the tenant.

Be Wary of Pure Commission Driven Letting Agents

This type of letting agent will have the view that as long as they have ticked the minimum number of boxes as part of the reference checks and have got their commission, they are happy with that.
A letting agency near us has staff that I know are entirely on commission. This is the sort of firm you should be wary of and keep on a tight rein.

Private Rented Sector Policy Is Often Made on the Hoof

As part of the corporate consultancy work I do for mortgage companies and in the social housing sector, I get to read a lot of position papers on the private rented sector.
But I am continually amazed that in the private rented sector, so much government policy is made without the benefit of any good quality research.
Julie Rugg in her superb report into the private rented sector found the same thing.
Policy has been and continues to be made that affects landlords and tenants but which is not rooted in valid research findings.
What research there is, is often limited in scope and uses too small sample sizes.
An example is the proposal to require houses converted to HMOs to obtain planning permission. It may be sensible policy, but where is the research to justify this proposal?
I may come back to this issue another time.

MORE ABOUT LETTINGFOCUS AND WHAT WE DO

LettingFocus.com is the home of landlord information.
Hello, I’m David Lawrenson.
I have been a landlord and property investor myself for over 25 years and am author of “Successful Property Letting” – which has been the UK’s top selling commercially published property book for the last 3 years.
Our main business is at a corporate level for organisations - both public and private companies.
We provide consultancy for banks, local authorities, social housing providers and other organisations – helping them with their landlord facing or buy to let product strategies and services.

OTHER WORK

We also write for property websites and are regularly quoted by the media. In addition, we have written articles for numerous publications including The Independent, The Telegraph and quality landlord websites.
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We pride ourselves on giving independent unbiased buy to let advice on either a one to one mentoring / coaching basis or through our occasional group seminars.
Unfortunately, in the UK today, property advice in the UK is still largely unregulated and what counts as “good advice” is too often more about making the promoter money than giving useful information to the investor.
With no links to property firms, developers or bridging loan providers we can advise on where and what type of property to buy for investment and when to buy it. We also show you how to manage tenants properly.

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Accidental landlords are coming to an area near you soon says Lawrenson of LettingFocus.com

Accidental landlords are coming to an area near you soon says Lawrenson of LettingFocus.com
Ah, another week of more bad news on house prices.
I see the likes of the Telegraph and other right leaning papers are whipping up the bad news in an attempt to sink what slim chances the Labour government will have at election time, though one of their most pessimistic writers at the Tory, Ed Conway did break ranks recently to suggest that there may now be bargains to be had for credit rich investors.
Perhaps he has been reading this property blog.
Still, despite Mr Conway’s recent comments, the fact is that because of all this negative house price news, we are also seeing more signs of the re-emergence of the “accidental landlord” -this is the person who can’t sell their property (for the price they want) and have chosen to rent it out instead until such time as house prices improve.
Actually, a lot of this kind of thing happened in the last property recession in 1989-1995. Indeed, many of today’s property millionaires started back then – they rented out their first property through default rather than choice.
However, for each millionaire today there were many back then who “had a go” at being a landlord, had a bad experience and then gave up and cried off hurt.
And so it will come to pass, once again, that we will see many novice accidental landlords sign up with letting agents to find them a tenant.
Nothing wrong with using an agent of course!
But, they will happily sign contracts with the letting agent where they will end up paying big letting agent fees forever -and long after they have found them their tenant.
This is particularly likely in London and the South East where high and ongoing renewal fees are standard practice for some agents who regularly foist them on novice landlords who know no better and can’t be bothered to read the small print of the letting agent’s contract.
Hopefully this practice will be outlawed very soon once we have the judgment in the Foxtons case.
Also, there will be many an accidental landlord who gets a tenant from hell because he or his letting agent did not do proper and thorough tenant reference and background checks on the tenant. Others will not know they must lodge tenants’ deposits or how to do a good property inventory.
And there will be quite a few who will adopt a Rigsbyeque approach to being a landlord which will ensure they quickly lose their good tenants and end up with someone far less suitable.
However, some will prosper. They will have done their research – some will even have read my own book - and will do well.
Despite these accidental landlords coming into the market and adding extra supply to the stock of properties to let, there has so far been absolutely no sign of rents coming down in my patch of south London and Kent.
And that is not surprising really if you listen to the independent experts.
But the chances are you won’t have read what they have to say because on the subject of experts, the likes of the independent academics haven’t really got the hang of PR and all that jazz.
You are far more likely to hear from Nationwide, Rightmove and the like about house prices and rents than you are from the independent Joseph Rowntree Foundation.
But in an interesting report that only the FT picked up, the Joseph Rowntree Foundation - which is pretty independent – pointed to the fact that today’s first time buyers may be less interested in buying property and more into having a good time. The report is called, “Housing market recessions and sustainable home ownership.” It is well worth reading.
I agree with Rowntree on this and a lot of other stuff they say as well and I also think the peak of house ownership in the Thatcher years is now over.
I think that in the future there will be lots of people CHOOSING to rent - and hence lots of tenants for landlords (outside the city centre identikit buy to let ghettos, of course)
And on the subject of independent minded thinkers, another report by Professor Michael Ball of Reading University predicts that outside the buy to let ghettoes rents could increase 10-15% in both 2008 and 2009. It is called the “Modern UK Housing Market - origins and prospects”. Another good read that you wont have seen in much of the press though.
So there you go. As I always say, listen to the independent property experts and try to ignore the headlines that the rest put out and the papers gobble up. There are many vested interests out there - some of them political and most of them commercial.
Instead, listen to the independent voices if you can.
ABOUT LETTINGFOCUS.COM and DAVID LAWRENSON
I’m David Lawrenson of landlord experts’ lettingfocus.com.
I’m the author of “Successful Property Letting - How to Make Money in Buy to Let” which for the last 2 years has been the UK’s top selling property title - buy the UK's top selling property investment book.
It is fully up to date with all the recent changes to tenancy deposit schemes, HMOs, licensing, capital gains taxes and it has new sections on buying property below market value.
I’m an expert property journalist, property speaker and a well known buy to let blogger
I contribute to newspapers and a host of property websites, write a number of columns in the press and I can provide landlords advice
I also work as a consultant helping banks, building societies, housing associations and web portals with their buy to let and property products and services and am a regular speaker at property shows.
You can read more of my blog & find details of my networking, advice, property mentor programme at my website.What’s unique about lettingfocus.com is that we offer you help as an independent property coach because unlike most people in the buy to let and property “advice” business we are not linked to a property company, a developer, an agent or bridging loan financier and do not receive commissions from any of these sources.If a property investment is lousy – We’ll tell you straight and we will tell you all about buy to let and property investment - the good and the bad and we won’t make silly promises that you’ll become a millionaire overnight.
Copyright: David Lawrenson 2008. This blog is updated once a week.
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Take care referencing and checking tenants even if you use a letting agent says LettingFocus.com

So far the credit crunch has not led to any large increases in unemployment.
However, I see the press is now carrying more stories of lay offs here and there - so we can expect some rises in unemployment to start to filter through to the official figures before too long.
How does this affect landlords?
Well, I would say that today more than ever, you need to make sure that the tenants you get are good ones and are fully referenced plus that they are in the type of sector of the economy where they are less likely to lose their jobs.
Why?
Well, if they lose their jobs they may struggle to pay the rent and / or have to move to less expensive accommodation – which is bad for them and whichever way you look at it, also means more hassle and expense for you the landlord.
In the worst case, it could also mean that they could stay put and just not pay any rent at all – meaning you have to seek repossession - and that process can take months, often with little chance of you ever recovering the money owed.
In the current environment, if I had to choose between equally good tenant candidates – one of whom worked in an economically shaky sector and another who worked in a (usually) slightly safer public sector job as a teacher or a civil servant, I know which one I would sooner go for.
Yes, it’s tough on some – but hey I’m not the one who was responsible for the state the economy is supposedly in.
Also, if you use a letting agent, don’t fully trust to new agent on this issue unless you have used them for a while and know they are reputable and can be trusted on this.
Sadly, there are a few rogue agents out there who cut corners on referencing and don’t do it properly.
Remember it will be you, not the agent, who is the one who loses out financially if the tenant turns bad.
So ask the agent to let you see references they obtained.
And don’t listen to all the guff some letting agents will give you about the "Data Protection Act and that you cannot see the references, the reference report of the tenants application form" because your tenant should have authorised for you, the landlord, to see the references on the application form he filled in when applying to rent the property.
If your agent won't let you see these things, go to one who will.
ABOUT LETTINGFOCUS.COM and DAVID LAWRENSON
I’m David Lawrenson of landlord advisors lettingfocus.com.
I’m the author of “Successful Property Letting - How to Make Money in Buy to Let” which for the last 2 years has been the UK’s top selling property title - buy the UK's top selling property investment book.
It is fully up to date with all the recent changes to tenancy deposit schemes, HMOs, licensing, capital gains taxes and it has new sections on buying property below market value.
I’m an expert freelance property journalist , property speaker and a well known property blogger
I contribute to newspapers and a host of property websites, write a number of columns in the press and I can provide landlords advice
I also work as a consultant helping banks, building societies, housing associations and web portals with their buy to let and property products and services and am a regular speaker at property shows.
You can read more of my blog & find details of my networking, advice, property investors networking programme at my website.What’s unique about lettingfocus.com is that we offer property investment mentoring because unlike most people in the buy to let and property “advice” business we are not linked to a property company, a developer, an agent or bridging loan financier and do not receive commissions from any of these sources.If a property investment is lousy – We’ll tell you straight and we will tell you all about buy to let and property investment - the good and the bad and we won’t make silly promises that you’ll become a millionaire overnight.
Copyright: David Lawrenson 2008. This blog is updated once a week.
Want to be kept updated on our blogs?
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Once clicked, this link is added to your Bookmarks (or Favourites) drop down menu in the top toolbar. Thereafter, every blog published automatically appears in this drop down menu.
This means you won't have to visit the site to pick up latest blog, the headline of which will appear in your toolbar menu.
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Tenants and Data Protection by David Lawrenson of Letting Focus

As the incidence of credit and ID fraud increases, so landlords have had to collect more and more information on tenants to ensure that they don’t get the tenant from hell.
Only by using a proper referencing system can lanldords be sure that the person standing in front us who wants to rent a house, is really who they say they are and can afford to pay the rent with no hassles.
In my experience most tenant applicants understand this and are happy to provide the information we need to do our credit and reference checks.
In fact, I only had one potential tenant who objected to providing previous utility bills such as proof of past address. Needless to say, I didn’t let to her!

You Need a Thorough Tenants Referencing System
A thorough tenants’ referencing system will deter tenants with a history of not paying their rent and also potential ID fraudsters who will seek an easier, “greener” landlord elsewhere.
But there are laws about what landlords can and can’t do with the information we collect and landlords who abuse the data they hold on tenants can get themselves in trouble.
Fortunately the Information Commissioner (formerly the Data Protection Registrar) sets out some guidance for landlords that explains what landlords can and cannot do with tenant data.
The Information Commissioners says if you use an agent to find a tenant and they obtain references for you, you are entitled to see the references as long as your agent makes it clear to the tenant on the tenant application form or in writing that this will happen.
If the agent says he can’t change his application form or get the tenants’ consent to this, I’d suggest you go to a more amenable agent.

Checking Tenant References Yourself
If you do the referencing yourself, you should always tell tenants what you will do with the information they give you and what credit checks and searches of databases you will do – the key thing is to be clear about how you will use information and not to use information for any purpose that is unreasonable.
Suppose you let out a shared house to say two or more tenants in which each tenant is “jointly and severally” liable to pay the whole rent – i.e. they do not each have individual agreements.
In this case, if one doesn’t pay, you can seek to recover the balance owing from any one of the other tenants (or their guarantors) if they have them.
In these circumstances you would, by implication, be revealing that there was a shortfall in the rent receipts due because one or more tenants have not paid their “share.”
As they are all party to a legal contract, you are perfectly within your rights to do this.

Tracing Agents and Other Third Parties
Other third parties who can be given the tenant details would include debt collection agencies or tracing agents who will need information on money owing to do their job. The Information Commissioner advises landlords to make it clear in the tenancy agreement that this could happen in the event that the tenant leaves with money owing.
Landlords should not give previous tenants’ new address to new occupiers unless the old tenants have requested this happen in writing.
To find out more about referencing tenants and how to find a good tenant ask me.

ABOUT LETTINGFOCUS.COM and DAVID LAWRENSON
We are LettingFocus.com - the landlords’ expert and I’m David Lawrenson, the author of “Successful Property Letting” - the UK’s top selling property and buy to let book for the last 3 years.
I have been a landlord and property investor myself for over 25 years.
At LettingFocus we offer independent unbiased advice for landlords and property investors on a one to one mentoring and coaching basis as well as occasional group seminars.
Unlike many in the still largely unregulated buy to let and property “advice” business I am not linked to a property company, developer, estate agency or bridging loan provider.
As such I am able to give unbiased independent advice on where to buy (which areas), what type of property to buy, when to buy and how to buy property at a low price. I can also explain how to reduce the risk of getting a bad tenant.
We help you make money in property by showing you the ways that work and which are of minimal risk to you.

CHECK OUT THESE PAGES AT OUR SITE LETTINGFOCUS.COM:
THE HOME PAGE OF THIS BLOG click here: Blog
THE HOME PAGE OF OUR MAIN SITE click here: LettingFocus Home Page
NEXT SEMINAR AND NETWORKING EVENT for Landlords and Property Investors:
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We have GREAT OFFERS on a range of products for landlords too, click here to see them: Services and Products for Landlords
For general info on our SEMINARS AND CONSULTING click here: Property Seminars, Networking Evenings and Consulting
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Copyright: David Lawrenson 2007. This blog is updated once a week
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ID Fraud and how can I avoid becoming a victim? Special Tips for Landlords

Unfortunately, identity theft is a rapidly expanding area of criminality and landlords are a target. A bad tenant can easily steal a landlord’s identity. Also, there is a risk that you could let to someone who is actually using a false identity – someone who will probably pay no rent and be very hard to evict.
All the fraudster needs to do to take out loans or cards in someone else’s name is to get two utility bills. This is easy where personal mail is delivered to an address after the previous residents or the landlord has left. In fact, anyone is vulnerable to this kind of fraud if their post is left in communal areas.
Apart from using the post to get personal details, fraudsters also search bins or pick up information from street surveys or from the Internet.
In a recent extreme case a landlady rented out her own home to a tenant. She left some of her personal documents including title deeds to her house locked away in a room in the house. The tenant used these to impersonate her and tried to sell her property.

False ID
In this case, it also turned out that the tenant had actually used a false identity to pass a basic reference check to get into the property in the first place.
To avoid letting to someone using a false identity, ask each tenant to complete and sign a tenancy application form. This should contain a statement giving permission to carry out credit checks and seek references from employers and previous landlords. The more information collected on the form the better, because should the tenant abscond, it gives vital tracing information.

Tenant References
Check references carefully and call to verify them. Don’t assume the company they say they work for really exists. Anyone can mock up a convincing letterhead! Check with Companies House and on the web.
Ask to see recent utility bills, mobile phone bills and bank statements. Recent bank statements for that person’s current account will prove whether salary is being paid in and acts as an additional check on the employer’s reference.

Original Docs
Also insist on seeing an official original document proving the person’s identity. However, be aware that even official documents like passports can be fraudulent and how can you be sure that the person on that old passport is really the same one that stands in front of you?
Experienced landlords say one way around this is to ask to see the tenant’s last 4 months of bank statements because whilst the odd bank statement can go missing, it’s less likely that an ID fraudster can obtain 4 months of another person’s statements.
Never delegate referencing entirely to an agent. Check that they are doing proper reference checks for you because I know of many landlords who got their “tenant from hell” through a letting agent.
Make sure that your agent calls the person who gave the reference to check what was said because sometimes when you speak to the referee they are not as glowing about the tenant as they were in writing. If in doubt whether the agent did this; do it yourself anyway. A good honest prospective tenant won’t mind being checked out in this way.
In summary, if you use a robust referencing system, you will almost certainly avoid letting to ID fraudsters. They know that they can’t provide the documentation required and will seek a more gullible landlord elsewhere.
My top tips to Avoid Becoming a Victim of ID Fraud are as follows:
1. Check your bank and card statements carefully. Look out for transactions you don’t recognise. 2. Shred unwanted personal documents containing your name and address.
3. Don’t use obvious passwords, like your partner’s first name.
4. When moving, give utility suppliers, banks and the Council Tax people your new address and insist they send all post there. Tell your old tenants to do the same. Use the Royal Mail’s redirection service.
5. When looking for new tenants do a thorough reference check.
6. Anti fraud organisation CIFAS has more advice on how to avoid ID fraud. See http://www.cifas.org.uk/

ABOUT LETTINGFOCUS.COM and DAVID LAWRENSON
We are LettingFocus.com - the buy to let experts and I’m David Lawrenson, the author of “Successful Property Letting” - the UK’s top selling property and buy to let book for the last 3 years.
We help you make money in property by showing you and coaching you in the ways that work and which are of minimal risk to you.

Property clubs are property advice in the UK is still mainly unregulated and advice is often poor. As I am not linked to a property company, developer, estate agency or bridging loan provider I am able to give unbiased independent advice on where and what type of property to buy for investment, when to buy and how to buy property at a low price.
I can also explain how to reduce the risk of getting a bad tenant.

CHECK OUT THESE PAGES AT OUR SITE LETTINGFOCUS.COM:

THE HOME PAGE OF THIS BLOG click here: Blog
THE HOME PAGE OF OUR MAIN SITE click here: LettingFocus Home Page
NEXT SEMINAR AND NETWORKING EVENT for Landlords and Property Investors:
Next Property Investing Seminar and Networking Event
We have GREAT OFFERS on a range of products for landlords too, click here: Services and Products for Landlords
For general info on our SEMINARS AND CONSULTING click here: Property Seminars, Networking Evenings and Consulting
ONE TO ONE CONSULTING click here: Property Consulting
CLIENT TESTIMONIALS from past customers click here: Testimonials
BUY THE BOOK click here: Buy the Book at Amazon
Have you seen this article on buying agent and property finders
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Have you seen this related article? ID Fraud