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False references

corelon

I had two people supply me with false work references and now suspect the reference for the previous landlord is also false. They claimed they lived in landlords house therefore there will be no rtb records.

They signed the tenancy agreement and supplied a deposit last week. I did not show the flat to anyone else since i received the deposit and now I am left with an empty flat. They were due to move in yesterday but after checking the references I am no longer going to rent to them.

I have talked to the police and RTB and both said I need to seek legal advise as to what to do with the deposit.

Does anyone know what I should do with the deposit as now i have an unrented flat due to these guys?

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mugsymugsy

corelon wrote: »

I had two people supply me with false work references and now suspect the reference for the previous landlord is also false. They claimed they lived in landlords house therefore there will be no rtb records.

They signed the tenancy agreement and supplied a deposit last week. I did not show the flat to anyone else since i received the deposit and now I am left with an empty flat. They were due to move in yesterday but after checking the references I am no longer going to rent to them.

I have talked to the police and RTB and both said I need to seek legal advise as to what to do with the deposit.

Does anyone know what I should do with the deposit as now i have an unrented flat due to these guys?

Return the deposit and be glad you dodged a bullet.

Baby01032012

mugsymugsy wrote: »

Return the deposit and be glad you dodged a bullet.

+1 with the above poster. As a landlord myself be thankful you didn't get stuck in a 6 year tenancy with them. Hand back deposit, you should find someone else in no time.

Mr.H

Wow no actual rental took place and you wanna keep their deposit!!!

This is everything that is wrong with the rental market in this country.

Give the money back. You are "lucky"(although references are a load of crap and only in fashion now that the rental market is in your favour). If you cant find someone decent its because you charge too much or your place is not worth what your charging

Browney7

Assume you wish to keep deposit for time wasting yet it's taken you a week to complete your due diligence to find out reference was false and you let them sign an agreement before checking out references?

[Deleted User]

corelon wrote:

Does anyone know what I should do with the deposit as now i have an unrented flat due to these guys?

Refund the deposit or else take them on as tenants. Personally I'd refund and look forward to other tenants

stanley1989

I myself have giving fake references to get a flat generally my mother and she will answer and talk the talk ... Your basically holding them up from looking for another flat by withholding their deposit ... If it was my deposit you wouldn't still have it in your pocket .. Anything for a free buck eh screw the poor why not

TimeToShine

You could also exercise a bit of common sense and judgement and decide for yourself if they are worth renting to. Ringing Uncle Timmy who pretends to be a landlord is not going to make much of a difference.

pilly

corelon wrote:

I have talked to the police and RTB and both said I need to seek legal advise as to what to do with the deposit.

You called the police? Why?

quadrifoglio verde

corelon wrote: »

I had two people supply me with false work references and now suspect the reference for the previous landlord is also false. They claimed they lived in landlords house therefore there will be no rtb records.

They signed the tenancy agreement and supplied a deposit last week. I did not show the flat to anyone else since i received the deposit and now I am left with an empty flat. They were due to move in yesterday but after checking the references I am no longer going to rent to them.

I have talked to the police and RTB and both said I need to seek legal advise as to what to do with the deposit.

Does anyone know what I should do with the deposit as now i have an unrented flat due to these guys?

Return deposit less costs of advertising and rental days lost

bmwguy

pilly wrote: »

You called the police? Why?

Mad isn't it? People haven't a clue what they are at in the rental market. Landlords and tenants.

I was in my mams house a while back and another neighbour called in to say a rat was seen in the garden of a neighbour's house. About 8 houses away. She said it's ok I have rang the guards they said they'll send a car when one is free. I never laughed so much. I would say the guards were laughing too.

pilly

bmwguy wrote: »

Mad isn't it? People haven't a clue what they are at in the rental market. Landlords and tenants.

I was in my mams house a while back and another neighbour called in to say a rat was seen in the garden of a neighbour's house. About 8 houses away. She said it's ok I have rang the guards they said they'll send a car when one is free. I never laughed so much. I would say the guards were laughing too.

She rang the guards over a rat??? Jesus, I know it's funny but have they not enough to do without dealing with that crap.

bmwguy

pilly wrote: »

She rang the guards over a rat??? Jesus, I know it's funny but have they not enough to do without dealing with that crap.

Yeah it's nuts. So is ringing the guards over a false reference. Baffling.

Ms Doubtfire1

bmwguy wrote: »

Mad isn't it? People haven't a clue what they are at in the rental market. Landlords and tenants.

I was in my mams house a while back and another neighbour called in to say a rat was seen in the garden of a neighbour's house. About 8 houses away. She said it's ok I have rang the guards they said they'll send a car when one is free. I never laughed so much. I would say the guards were laughing too.

https://www.youtube.com/watch?v=oLoXFmJBvlk

:D:D

[Deleted User]

Mr.H wrote: »

Wow no actual rental took place and you wanna keep their deposit!!!

This is everything that is wrong with the rental market in this country.

Give the money back. You are "lucky"(although references are a load of crap and only in fashion now that the rental market is in your favour). If you cant find someone decent its because you charge too much or your place is not worth what your charging

Its everything that's wrong alright, with slimy tenants. He is fully entitled to deduct for the time wasting of these chancers.

I would return nothing until I had tenants moved in and then deduct for everyday of lost rent caused by the previous "tenants" and for any additional rental costs.

stanley1989 wrote: »

I myself have giving fake references to get a flat generally my mother and she will answer and talk the talk ... Your basically holding them up from looking for another flat by withholding their deposit ... If it was my deposit you wouldn't still have it in your pocket .. Anything for a free buck eh screw the poor why not

The tenants are totally in the wrong and you are defending them, the poor dodgy tenants deserve to be held up looking for another place I hope the next LL and the next LL doesn't fall for their stunt. As for "If it was my deposit you wouldn't still have it in your pocket" :rolleyes: good luck with that.

ELM327

quadrifoglio verde wrote: »

Return deposit less costs of advertising and rental days lost

This.

Deposit is to hold the property, I can't fathom why people think when it is their fault the transaction did not complete, that the deposit should be refundable in full. Speaking as a tenant and a landlord, I would not expect to receive a deposit refunded if it was my fault the transaction did not complete.

Browney7

Treasure Thundering Loft wrote: »

Its everything that's wrong alright, with slimy tenants. He is fully entitled to deduct for the time wasting of these chancers.

I would return nothing until I had tenants moved in and then deduct for everyday of lost rent caused by the previous "tenants" and for any additional rental costs.

The tenants are totally in the wrong and you are defending them, the poor dodgy tenants deserve to be held up looking for another place I hope the next LL and the next LL doesn't fall for their stunt. As for "If it was my deposit you wouldn't still have it in your pocket" :rolleyes: good luck with that.

And yet the Op got them to sign a tenancy agreement without actually checking he was fully happy with them first. Should show it to numerous people and have a shortlist and check each reference provided instead of having this "I've been so wronged, the asset I own worth 100s of thousands is idle for an extra week attitude". Sh1t happens in business

[Deleted User]

Browney7 wrote: »

And yet the Op got them to sign a tenancy agreement without actually checking he was fully happy with them first. Should show it to numerous people and have a shortlist and check each reference provided instead of having this "I've been so wronged, the asset I own worth 100s of thousands is idle for an extra week attitude". Sh1t happens in business

Sh*t happens but allowing yourself to be walked all over and bowing down as you hand back the full deposit is an idiotic way to run a business. You damn well are entitled to withhold money to cover your costs, if nothing else they deserve to be taught a lesson for their antics. People really are turning to total push overs nowadays.

ELM327

Browney7 wrote: »

And yet the Op got them to sign a tenancy agreement without actually checking he was fully happy with them first. Should show it to numerous people and have a shortlist and check each reference provided instead of having this "I've been so wronged, the asset I own worth 100s of thousands is idle for an extra week attitude". Sh1t happens in business

Sh1t happens, caused by the buyer's fraudulent references. Buyer should be prosecuted for forgery.

ELM327

Claw Hammer

Why not call the police?
Criminal Justice (Theft And Fraud Offences) 2001

26.—(1) A person who uses an instrument which is, and which he or she knows or believes to be, a false instrument, with the intention of inducing another person to accept it as genuine and, by reason of so accepting it, to do some act, or to make some omission, or to provide some service, to the prejudice of that person or any other person is guilty of an offence.

(2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.

A crime has been committed, the O/P is the intended victim. If the guards were doing their job, those con men would be arrested when they attempted to move to the accommodation.

[Deleted User]

ELM327 wrote:

Sh1t happens, caused by the buyer's fraudulent references. Buyer should be prosecuted for forgery.

Most people pad out their CV, should they be prosecuted.

My sister in law is married over 30 years & her husband still thinks that she is a year younger than she actually is. Grounds for annulment?

davindub

corelon wrote: »

I had two people supply me with false work references and now suspect the reference for the previous landlord is also false. They claimed they lived in landlords house therefore there will be no rtb records.

They signed the tenancy agreement and supplied a deposit last week. I did not show the flat to anyone else since i received the deposit and now I am left with an empty flat. They were due to move in yesterday but after checking the references I am no longer going to rent to them.

I have talked to the police and RTB and both said I need to seek legal advise as to what to do with the deposit.

Does anyone know what I should do with the deposit as now i have an unrented flat due to these guys?

Simple enough, return the deposit and next time check references before you agree to rent.

I think you made the right decision but you had the duty to mitigate your damages by checking the references before agreeing to rent.

CeilingFly

You could deduct some fees, but as you are probably talking about €300-€400 and the potential of difficulty with the person who paid the deposit, it is sometimes more realistic to cut the losses and close off everything.

If tenant has signed a lease they could theorectically hold you to that and for you to argue references etc with the RTB and if its a certain type of eprson that will probably go out of their way to cause trouble, so best to inform them that they provided "unverifiable" references (do not say false) and therefore the tenancy agreement is null and void.

Give them back the deposit and then get good tenants in.

Price a little below the market and double check all references, ask for copy of 3 payslips (they can blacken out all figures), check their social media profiles, look at language they use in posts and be prepared to offer a better rent for the best possible client.

Browney7

Treasure Thundering Loft wrote: »

Sh*t happens but allowing yourself to be walked all over and bowing down as you hand back the full deposit is an idiotic way to run a business. You damn well are entitled to withhold money to cover your costs, if nothing else they deserve to be taught a lesson for their antics. People really are turning to total push overs nowadays.

If the OP was in such a rush to get the place filled, why was he leaving it so tight to find replacement tenants for the ones he had (presumably he has existing tenants - sure who'd become a landlord at the moment is the prevailing attitude on this forum?). Why did he take time to check said reference? He hasn't outlined the depth of the false reference - did they say they worked as rocket scientists but are low paid workers or are they not working at all?.

If there was no deposit paid (ie it was pending satisfactory references) and the exact same scenario played out would you send a bill or bring them to court?

CeilingFly

Sleeper12 wrote: »

Most people pad out their CV, should they be prosecuted.

My sister in law is married over 30 years & her husband still thinks that she is a year younger than she actually is. Grounds for annulment?

On the CV issue - if the padding is specific to the undertaking of the position the person can be let go immediately.

On the marriage - I think annulment should be permitted in that case and many others

dunleakelleher

corelon wrote: »

I had two people supply me with false work references and now suspect the reference for the previous landlord is also false. They claimed they lived in landlords house therefore there will be no rtb records.

They signed the tenancy agreement and supplied a deposit last week. I did not show the flat to anyone else since i received the deposit and now I am left with an empty flat. They were due to move in yesterday but after checking the references I am no longer going to rent to them.

I have talked to the police and RTB and both said I need to seek legal advise as to what to do with the deposit.

Does anyone know what I should do with the deposit as now i have an unrented flat due to these guys?

+

You were quite happy to rent to sign a rental agreement with these people (the fact that you didn't do a background check on documents is your own shortcoming). So, in fact, you are the one making the decision to pull out of the signed agreement.
So the unrented flat is your decision. (if you do decide to follow through with your threat)

I would say give back the deposit and hope they don't follow up.
chalk it down to a learning experience. you will check next time before you offer a rental agreement.

ELM327

dunleakelleher wrote: »

+

You were quite happy to rent to sign a rental agreement with these people (the fact that you didn't do a background check on documents is your own shortcoming). So, in fact, you are the one making the decision to pull out of the signed agreement.
So the unrented flat is your decision. (if you do decide to follow through with your threat)

I would say give back the deposit and hope they don't follow up.
chalk it down to a learning experience. you will check next time before you offer a rental agreement.

False documents is a crime, the falsification was done by the supposed tenant. It was an attempt to deceive.
Blame stops with the tenant.

crossmolinalad

pilly wrote: »

She rang the guards over a rat??? Jesus, I know it's funny but have they not enough to do without dealing with that crap.

Maybe it was a rat on two legs without a tale

Fol20

stanley1989 wrote: »

I myself have giving fake references to get a flat generally my mother and she will answer and talk the talk ... Your basically holding them up from looking for another flat by withholding their deposit ... If it was my deposit you wouldn't still have it in your pocket .. Anything for a free buck eh screw the poor why not

How can you put the blame on the landlord. The tenant purposely lied about information while trying to get into the house. Yes the ll should have done due diligence but personally i wouldnt have any problem holding onto their deposit for a few more days as they would have caused me unneeded work for lying to me. I would give them their deposit back though as i wouldnt want the hassle, and on top of it, since both parties signed a contract then legally they maybe entitled to stay.. As others have said, cut your losses give them the deposit back and move on.

Effects

Sleeper12 wrote: »

My sister in law is married over 30 years & her husband still thinks that she is a year younger than she actually is. Grounds for annulment?

How he hasn't figured that out by now is a poor reflection on him!