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landlord refused because no reference - legal?

  • 05-07-2016 6:45pm
    #1
    Registered Users, Registered Users 2 Posts: 1


    Hi,

    am new here.

    can anybody tell me if it is illegal to refuse me as a tenant because i dont have any reference from a previous landlord.

    my boyfirend does but he was refused because of a bad reference check the last last landlord got from one of those reference check services.

    we tried to have it changed, but because it was an english company even though it was for an irish landlords property here in dublin they wouldnt change it.

    any help?

    Anne


Comments

  • Registered Users, Registered Users 2 Posts: 28,694 ✭✭✭✭drunkmonkey


    Of course they can refuse you, it's their property if they don't want to rent it to you for any reason they don't have to.


  • Registered Users, Registered Users 2 Posts: 6,564 ✭✭✭EagererBeaver


    No, it's not illegal. It's his place, he can choose not to rent to whoever he wants.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    There are seven different illegal grounds for discrimination, lack of reference isn't one. A landlord would be foolish to rent a property to someone without solid references.


  • Banned (with Prison Access) Posts: 1,012 ✭✭✭2RockMountain


    my boyfirend does but he was refused because of a bad reference check the last last landlord got from one of those reference check services.

    we tried to have it changed, but because it was an english company even though it was for an irish landlords property here in dublin they wouldnt change it.
    If the UK company is holding incorrect information about you, you have the right to get this corrected
    https://ico.org.uk/for-the-public/


  • Banned (with Prison Access) Posts: 1,586 ✭✭✭sasta le


    But he had a bad reference?


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  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    sasta le wrote: »
    But he had a bad reference?

    Then he has no recourse if the reference was truthful


  • Registered Users, Registered Users 2 Posts: 429 ✭✭Afroshack


    How on earth would it be illegal? The landlord is potentially handing over the keys to an asset worth hundreds of thousands and he has every right to seek a reference to determine your character. He's entitled to lease his property to whoever he wants and he is also entitled to refuse you if you cannot prove you are a suitable tenant who will take good care of his asset.

    The mind boggles.


  • Banned (with Prison Access) Posts: 1,586 ✭✭✭sasta le


    You no reference and boyfriend a bad one.Of course he didnt want to rent to ye


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭CruelCoin


    my boyfirend does but he was refused because of a bad reference check the last last landlord got from one of those reference check services.

    we tried to have it changed, but because it was an english company even though it was for an irish landlords property here in dublin they wouldnt change it.
    Anne

    Well thank god they didn't allow you to change it.

    What makes you think that a reference from an english company wouldn't be valid here?

    To echo a poster above, the landlord would be stark raving mad to give the keys to something worth hundreds of thousands of euro to people with a bad record.

    Mind if i ask what the bad reference was for? Did you thrash the last place, did you withhold rent, etc? If it was a minor thing then maybe it could be overlooked, but if you'd put holes in the walls then i'd tell you to hop it.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    CruelCoin wrote: »
    Mind if i ask what the bad reference was for? Did you thrash the last place, did you withhold rent, etc? If it was a minor thing then maybe it could be overlooked, but if you'd put holes in the walls then i'd tell you to hop it.

    Holes in walls, unauthorised satellite dishes, antisocial behaviour etc- are all fairly standard these days. Overholding and non-payment of rent- perhaps a little less common- but far from unusual at the same time.

    OP- there are no grounds whatsoever for disputing the landlord's decision. If your boyfriend disagrees with his online reference- he has the right to refute it- and if it is indeed inaccurate- have it amended so.

    The only strange thing in all of this- is that it took a UK company to register the reference online- we have no such screening services for landlords or tenants here in Ireland.


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  • Registered Users, Registered Users 2 Posts: 23,140 ✭✭✭✭TheDoc


    Afroshack wrote: »
    How on earth would it be illegal? The landlord is potentially handing over the keys to an asset worth hundreds of thousands and he has every right to seek a reference to determine your character. He's entitled to lease his property to whoever he wants and he is also entitled to refuse you if you cannot prove you are a suitable tenant who will take good care of his asset.

    The mind boggles.

    Or maybe we could just be helpful to the OP, instead of questioning "omg how could you even dare think that"

    Considering rent allowance tenants have lobbyists and politicians actively working on their behalf, and recommendations in the pipleline, it is no surprise that people can get confused. As there is no streamlined process for engaging in a new tenancy, its kinda "the norm" there is questions.

    Also we need to stop banging the drum about the landlords investment. And you pretty much just summed up one of the major issues with the rental market in this country. I don't pay my landlord money to mind his asset, so it can mature and he can reap financial reward for it. I pay my landlord to live my life, with my family in a home. And I'm paying for the service of the house.

    My first property the landlord picked me and GF from a number of interests he had, and we had no references...

    So less of the mind boggles stuff. As someone posted here recently, the expectations of some landlords, to basically get a robot into a house to mature their asset for them...that is where the mind boggles.


  • Registered Users, Registered Users 2 Posts: 815 ✭✭✭jsd1004


    TheDoc wrote: »
    Or maybe we could just be helpful to the OP, instead of questioning "omg how could you even dare think that"

    Considering rent allowance tenants have lobbyists and politicians actively working on their behalf, and recommendations in the pipleline, it is no surprise that people can get confused. As there is no streamlined process for engaging in a new tenancy, its kinda "the norm" there is questions.

    Also we need to stop banging the drum about the landlords investment. And you pretty much just summed up one of the major issues with the rental market in this country. I don't pay my landlord money to mind his asset, so it can mature and he can reap financial reward for it. I pay my landlord to live my life, with my family in a home. And I'm paying for the service of the house.

    My first property the landlord picked me and GF from a number of interests he had, and we had no references...

    So less of the mind boggles stuff. As someone posted here recently, the expectations of some landlords, to basically get a robot into a house to mature their asset for them...that is where the mind boggles.

    Foolish landlord.


  • Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,236 Mod ✭✭✭✭pc7


    TheDoc wrote: »

    My first property the landlord picked me and GF from a number of interests he had, and we had no references.

    Can I ask how long ago this was because things have really changed. It is nigh on impossible to get a non paying tenant out now, look at threads in this section. Years ago before prtb and the start of regulation you could (rightly or wrongly) remove them or at the least change the locks. If you don't follow protocol now to the letter even if not paid for a year you can face large fines. I cannot see a single proper landlord taking on a tenant now without references and checking same. It's just not worth the risk.
    I would always check previous landlord references and ring the job reference but not the number supplied id go through the main company website number, I'd also check Facebook/social media. Landlord over 10 years and luckily have just and one bad experience but it thought me a lot. A good tenant is worth their weight in gold!
    I've had a super tenant leave as was moving out of the city, was sad to see them go. I've let the house well below market rate as its to someone we know (rented a different property to them a few years back, they went to Oz for 2 years and rang us when back) and I know they will keep the place well and not mess about with the rent. Yes I could have gotten more but the risks were just not worth the protential hassle for me.


  • Registered Users, Registered Users 2 Posts: 3,093 ✭✭✭rawn


    I rented about 5 years ago with no references, then again 3 times with only the reference off first LL. Now i can't even get a viewing without 2 LL references, bank statements and my first born :P


  • Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    TheDoc wrote: »
    Or maybe we could just be helpful to the OP, instead of questioning "omg how could you even dare think that"

    Considering rent allowance tenants have lobbyists and politicians actively working on their behalf, and recommendations in the pipleline, it is no surprise that people can get confused. As there is no streamlined process for engaging in a new tenancy, its kinda "the norm" there is questions.

    Also we need to stop banging the drum about the landlords investment. And you pretty much just summed up one of the major issues with the rental market in this country. I don't pay my landlord money to mind his asset, so it can mature and he can reap financial reward for it. I pay my landlord to live my life, with my family in a home. And I'm paying for the service of the house.

    My first property the landlord picked me and GF from a number of interests he had, and we had no references...

    So less of the mind boggles stuff. As someone posted here recently, the expectations of some landlords, to basically get a robot into a house to mature their asset for them...that is where the mind boggles.

    Well said. Some of the posts border on the "you should be grateful he has decided to let you give him money" mentality.

    Consumers have rights (and no I am not saying that tenants are consumers) but by comparison imagine if someone asked about their consumer rights and were told, "here, the shop owners are trying to make a profit and protect their valuable business. Don't be asking questions now, you should be happy they let you in to spend your money".

    I thank my lucky stars every day that I no longer have to feel under a compliment to a LL


  • Registered Users, Registered Users 2 Posts: 175 ✭✭Spokes of Glory


    OldNotWIse wrote: »
    Well said. Some of the posts border on the "you should be grateful he has decided to let you give him money" mentality.

    The OP asked if it is legal to refuse to rent, given that;

    first tenant has no references
    second tenant has a poor reference

    Frankly most sane people be they LL or renters would answer "of course not :confused:"

    Would you hand over your car to a stranger who couldn't get insurance due to a history of offences?

    I don't think anybody is suggesting that a renter should be grateful to a LL for the privilege of paying rent, just pointing out that is either disingenuous or naive in the extreme to question why a LL would not wish to rent to a tenant with no record, or worse, a demonstrably poor record.

    Spokes


  • Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    The OP asked if it is legal to refuse to rent, given that;

    first tenant has no references
    second tenant has a poor reference

    Frankly most sane people be they LL or renters would answer "of course not :confused:"

    Would you hand over your car to a stranger who couldn't get insurance due to a history of offences?

    I don't think anybody is suggesting that a renter should be grateful to a LL for the privilege of paying rent, just pointing out that is either disingenuous or naive in the extreme to question why a LL would not wish to rent to a tenant with no record, or worse, a demonstrably poor record.

    Spokes

    I'm not disputing the legality of the refusal, I'm referring to the incessant banging on about a landlord's "valuable investment" in response to every and any query that a tenant might have.


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭CruelCoin


    OldNotWIse wrote: »
    I'm not disputing the legality of the refusal, I'm referring to the incessant banging on about a landlord's "valuable investment" in response to every and any query that a tenant might have.

    Because its the single most valid argument there is.

    You simply would not, should not, could not give something like that into the care of someone who has no proven history and another person who has a bad history.

    It's terrible business sense.


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    With rights comes responsibilities, on both sides. There's enough drum banging on both sides with very few people banging the heads together of the real culprits.

    It's all well and good seeing rent as a payment for a service, it absolutely is; however you can't then in the same breath expect private landlords to solve the public housing issue.

    OP as has been stated there are grounds for unfair discrimination. Discrimination per se is not illegal otherwise the first person to apply for a job would always be the one hired.


  • Registered Users, Registered Users 2 Posts: 2 stevobrian


    If the UK company is holding incorrect information about you, you have the right to get this corrected


    Does this apply in ireland as well if a landlord gives you a bad reference?


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  • Registered Users, Registered Users 2 Posts: 1 alimorgan88


    are landlords allowed to do this, share references with others like that?

    can the ptrb do anything about it or the data protection people in ireland?

    how do you make a complaint about this type of thing?


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    OldNotWIse wrote: »
    I'm not disputing the legality of the refusal, I'm referring to the incessant banging on about a landlord's "valuable investment" in response to every and any query that a tenant might have.

    Mod note

    If you have an issue with a post please use the report post function and leave the moderation to the mods. Thanks


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    are landlords allowed to do this, share references with others like that?

    can the ptrb do anything about it or the data protection people in ireland?

    how do you make a complaint about this type of thing?

    Without the permission of the tenant I wouldn't supply a reference. Without a reference I wouldn't take on the tenant. No complaints to anyone needed.


  • Closed Accounts Posts: 565 ✭✭✭enzo roco


    athtrasna wrote: »
    A landlord would be foolish to rent a property to someone without solid references.

    What about people leaving their parent's house for the first time???
    Fudge them???


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    enzo roco wrote: »
    What about people leaving their parent's house for the first time???
    Fudge them???

    Generally they'd house share first. I do both - rent a property and a room in my main house - I go much more on the seat of my pants when it comes to the lodger.

    There isn't any way in hell I'd take someone who'd just moved out from Mammy anyway, no matter how good the surrounding references were. I've watched too much Judge Judy! :pac:


  • Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,236 Mod ✭✭✭✭pc7


    enzo roco wrote: »
    What about people leaving their parent's house for the first time???
    Fudge them???

    Well if they can afford rent them they are likely working so a work reference.


  • Registered Users, Registered Users 2 Posts: 422 ✭✭yqtwqxqm


    Generally they'd house share first. I do both - rent a property and a room in my main house - I go much more on the seat of my pants when it comes to the lodger.

    There isn't any way in hell I'd take someone who'd just moved out from Mammy anyway, no matter how good the surrounding references were. I've watched too much Judge Judy! :pac:

    Easier to go by the seat of your pants with a lodger.
    You wont suffer as much if they turn out bad.
    If its and RTB job the consequences of getting it wrong are horrendous for a landlord.


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    yqtwqxqm wrote: »
    Easier to go by the seat of your pants with a lodger.
    You wont suffer as much if they turn out bad.
    If its and RTB job the consequences of getting it wrong are horrendous for a landlord.

    Oh absolutely, although playing it too fast and loose can be a bit of a risk, you come home and find everything gone :pac:


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