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Can a landlord ask if you are employed?

  • 05-10-2021 1:51pm
    #1
    Registered Users, Registered Users 2 Posts: 3,323 ✭✭✭el Fenomeno


    If I'm renting out a house to tenants - can I ask them if they are employed, or if they have a current work reference? The intention is to reduce the risk of ending up with a tenant who will not pay their rent. Still a risk that someone who is working can just stop paying, but it helps to minimise that risk somewhat if the person has a job.

    If you can't ask this, what legally can you ask?

    Edit: By "Work Reference", I mean specifically ask for confirmation that the person is employed full time with that employer.



«1

Comments

  • Registered Users, Registered Users 2 Posts: 232 ✭✭Feenix


    Yeah. Hard to believe you're a landlord asking a question like that.



  • Registered Users, Registered Users 2 Posts: 3,323 ✭✭✭el Fenomeno


    Good, because I'm not a landlord.

    Edit: To clarify, it came up in the subject of a landlord potentially discriminating against tenants who want to pay using HAP. A scenario was put forward that what does a landlord do if they want a work reference, but the tenant only pays via HAP - are they allowed discount the tenant for lack of a work reference? Are they allowed favour a different tenant who was able to provide a work reference?



  • Registered Users, Registered Users 2 Posts: 13,997 ✭✭✭✭Cuddlesworth


    F13   [   (3B) For the purposes of  section 6(1)(c)  , the discriminatory grounds shall (in addition to the grounds specified in  subsection (2)  ) include the ground that as between any two persons, that one is in receipt of rent supplement (within the meaning of  section 6(8)  ), housing assistance (construed in accordance with Part 4 of the  Housing (Miscellaneous Provisions) Act 2014  ) or any payment under the Social Welfare Acts and the other is not (the  “   housing assistance ground   ”   ).   ]


    F18   [   (8) In this section,  ‘   rent supplement   ’   means a payment made under  section 198  (3) of the  Social Welfare Consolidation Act 2005  towards the amount of rent payable by a person in respect of his or her residence.   ]


    Anything that could be construed as trying to differentiate working tenants and social welfare tenants is liable under the amendments to the equality act and awards are given by a governing body other then the courts. They can be substantial. This goes from the more obvious questions like outright asking for work references/employment type, to possibly things like soliciting bank statements(looking for regular pay from employers), enforcing large deposits which would be unrealistic for social welfare tenants to provide or other possible scenarios which could be construed as discriminating like querying commute distance/times.

    As a Landlord, your options are extremely limited in vetting tenants and if possible, simply giving no reason or response for selection of tenants is probably the best option.



  • Registered Users, Registered Users 2 Posts: 6,289 ✭✭✭Claw Hammer


    Just ask prospective tenants o tell you about themselves. The ones who are working will say so. You can then follow up looking for references.



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    To be fair the legislation changes so often I dont know how anyone can keep up with what it is now.



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  • Registered Users, Registered Users 2 Posts: 4,565 ✭✭✭Iseedeadpixels


    People who work use HAP too, I have it on my applications that I'll be using HAP but also work.



  • Posts: 0 [Deleted User]


    One way around it would be to ask for character reference, and previous / current landlord reference.

    Say it's up to them to source a reference, most people that are looking for a rental property or room in a house are well used to knowing that landlords ask for work and landlord reference, and such prospective tenants would forward them on to you without you needing to specify more details.



  • Registered Users, Registered Users 2 Posts: 1,727 ✭✭✭dennyk


    It's not just HAP, but "any payment under the Social Welfare Acts", so it is definitely illegal to discriminate against a potential tenant because they don't have a job. It will absolutely still happen, but it is illegal, and coming straight out and asking them if they have a job or requesting pay stubs (or putting anything like "would suit working professionals" in your ads) is likely to give rise to a discrimination complaint if they don't have a job and you turn them down. If you don't ask and you're very careful about what you do ask for, it will be much harder for them to succeed in such a complaint.



  • Registered Users, Registered Users 2 Posts: 290 ✭✭Tomred13


    Was a landlords agent for 20years. I used to advertise apartments and ask the people to email about interest and viewings, so once I had their email address I could do a lot of detective work before meeting them. Facebook profiles would tell you an awful alot about a person, if they work, are untidy, like parties etc. It's amazing what you would pick up in the FB photos alone. In 20 years I only had one bad tenant and he was the one person I never checked because he was a working professional.



  • Registered Users, Registered Users 2 Posts: 8,083 ✭✭✭Tow


    We now have prospective tennants arriving at viewings with the their landlord packs ready. With written references, payslips, bank statements etc. No need to be asking about HAP when they gladly supply info to show then don't qualify for it.

    Or course it still it still does mean they won't wreck a place.

    When is the money (including lost growth) Michael Noonan took in the Pension Levy going to be paid back?



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  • Registered Users, Registered Users 2 Posts: 695 ✭✭✭houseyhouse


    It’s true you can’t discriminate based on HAP, receiving social welfare, etc. However you can ask for work references and bank statements. It is unreasonable to expect a landlord to hand over the keys to a property with hundreds of thousands without the ability to verify if the potential tenants can afford the rent (whether through HAP or wages). Especially when getting uncooperative tenants out is as difficult as it is here. Threshold have work refs., payslips, and bank statements on their list of docs landlords can ask for:

    https://www.threshold.ie/advice/seeking-private-rented-accommodation/what-information-can-a-landlord-request-from-me/



  • Posts: 0 [Deleted User]


    You can ask anything you wish about employment, but a tenant is under no obligation to tell you the truth and can lie through their teeth should they wish to do so

    Its also incredibly easy to fake references and other documents. I've done it in the past many times.

    I know I sure as hell wouldn't be providing any landlord with my legit statements/references. None of their business. At the end of the day, if I pay the rent on time and don't wreck the gaff there is little else the landlord needs to know

    Even getting legit copies of those doc's does not tell you anything about the potential tenant as to their willingness to continue paying rent or their behavior in the property.



  • Registered Users, Registered Users 2 Posts: 1,872 ✭✭✭mrslancaster


    Can a landlord not ask prospective tenants to provide proof of ability to pay? I always thought that was a basic part of a contract - one party provides the goods or services and the other party provides payment. How a tenant pays shouldn't matter to the landlord whether its all salary/wages, all social welfare, or a mixture. A tenant can view a property and check that it meets standards and is suitable for their needs, a landlord needs to check the tenant can fulfill their side of the contract. Obligations on both sides.



  • Posts: 0 [Deleted User]


    Could there be a better advertisement for requesting and carefully checking work/rental references?

    Having legit references/proof of funds/HAP approval helps the LL to reduce risk, without them you the prospective tenant are at a disadvantage. LLs tend to avoid those who refuse to provide them, and especially forgers/fraudsters

    Post edited by [Deleted User] on


  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    If I were a landlord and someone didnt send me up front checkable previous landlord and work references, a note about themselves and their ability to pay etc. (a landlord pack as someone said above). I would just ignore and move on to the next person.

    In fact I what a mate did who used to be a landlord was he would ask all applicants to tell a little about themselves. If they didnt supply all the info along with work refs he wouldnt contact them back. The ones who did, he picked his top 5, did the checks (called their work, called there previous 3 landlords. The current one he took anything good they said with a pinch of salt. He was more interested in the ones before that) in advance and invited them to view. Some already had moved by the time he invited them, but it always worked out for him.



  • Posts: 0 [Deleted User]


    As I said, it's incredibly easy to fake references.

    Landlord needs to phone a reference, no problem, just it's going to be one of my mates he'll be talking to and he won't be any the wiser



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    Wouldnt take too long to figure out a fake reference to be fair.

    Especially when you are talking to the fake.



  • Registered Users, Registered Users 2 Posts: 6,289 ✭✭✭Claw Hammer


    It is also an offence to utter forged documents. I know a couple who were caught out when a landlord was able to trace their previous landlord to an address

    they had said nothing about, but the new landlord got wind of.





  • As a landlord I’d smell a rat immediately if I were given a fake reference. Also, as a landlord I’d be only too happy to issue my excellent tenants a genuine good reference that I can back up. A good tenant should have no issues getting a reference. If it’s first time renting then references from employer/volunteering opportunities tenant took up etc, would be good.



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  • Registered Users, Registered Users 2 Posts: 3,625 ✭✭✭Fol20


    That is all that matters but if the ll doesn’t know you at the beginning how do you expect them to weed out the good from the bad?



  • Posts: 0 [Deleted User]


    They can't. You could have a lad wearing Armani suits still not paying the rent and wrecking the gaff

    Its the same for tenants. Sometimes they get a landlord who fixes stuff promptly and treats them with respect and sometimes they get lazy ones who couldn't care less if the roof was falling in but are still happy to charge a fortune



  • Posts: 0 [Deleted User]


    LL: He gave me forged documents

    Prosecutor: And what happened as a result of this

    LL: He paid me rent every month and kept the place tidy

    Prosecutor: .....



  • Registered Users, Registered Users 2 Posts: 516 ✭✭✭10pennymixup


    Hello fake Landlord, did you register the tenancy and if so what was tenancy registration number? Sure if you don't have it the tenant will. And if neither of you do, well the next potential tenant will.

    And the falsifying of documents is considered to be fraud.



  • Registered Users, Registered Users 2 Posts: 695 ✭✭✭houseyhouse


    Of course some people who can pay will choose not to but more common is that people are struggling to pay and then something comes up that eats into their income and they don’t make their rent. Hence, landlords want to check ability to pay.

    And it’s really not the same risk for tenants. If you have a crap landlord, you can leave with little notice, especially early in a tenancy. And yes, I do know that it’s very hard to get a place to rent at the moment but *legally* you can leave even if you’ve signed a fixed-term lease. When you go, you can take all your possessions with you. The only thing at risk is your deposit. And while the deposit is worth a huge amount to somebody who needs it back, the cost of bad tenants for a landlord can be many multiples of their deposit.



  • Registered Users, Registered Users 2 Posts: 15,094 ✭✭✭✭javaboy


    Are you missing the point on purpose? References help sift the good from the bad. They're not foolproof. But if someone has been employed for a continuous period of time, it suggests that they're at least somewhat responsible and would be more likely to pay their rent and not wreck the place. It's a percentages game.

    There will always be dishonest people like yourself who will provide fake documents or supply a mate's phone number but in general most people won't do a very good job of it.



  • Registered Users, Registered Users 2 Posts: 23,649 ✭✭✭✭ted1


    on the flip side I let exclusivily to those on HAP/RAS etc. As I know the council pays for them ( granted they top it up a bit) so I don’t have to worry about not getting paid. I know exactly what rates the council sets , so I know what I can rent for.


    generally go with a single mum with 2+ kids


    https://www.citizensinformation.ie/en/housing/renting_a_home/housing_assistance_payment.html#



  • Registered Users, Registered Users 2 Posts: 4,969 ✭✭✭enricoh


    A mate of mine rented out his place to a family he got a good vibe off. He was contacted a few months later by the wife saying that the hubby had legged it home and she was left to mind the kids and would have to go on hap. He had to spend 4k to get it up to hap standard and a fair bit of hassle to organize trades etc.

    The hubby moved out for a couple of weeks til the hap got sorted and is back now with a fresher beemer! My mate shrugged his shoulders n said if he rats them out it could be 2 years of no rent to get them out.



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  • Registered Users Posts: 117 ✭✭YipeeDee


    Easy to weed out fake landlord references. Just phone the RTB to see if the named LL has registered a tenancy at that address.

    I only contact landlord references after confirming with the RTB that they are registered landlords.



  • Registered Users Posts: 431 ✭✭Jeremy Sproket


    No. Despicable behaviour if they are.



  • Registered Users, Registered Users 2 Posts: 26,083 ✭✭✭✭Mrs OBumble


    The chance that someone who needs to provide fake references will actually pay are probably quite low.



  • Registered Users, Registered Users 2 Posts: 2,404 ✭✭✭1874


    I find it a bit difficult to believe the RTB will hand over any information, even if you supply them with a name or address, it's not within their remit to confirm references and they are probably covering themselves from falling foul of GDPR, data protection at the least.

    In my experience they won't hand over any details unless they have some specific dealings with you, and even then it's a reluctant and slow process.

    What's needed is a state provided service, operated privately (tendered for) that confirms references and retains deposits, but the chances of anything being fit for purpose are slim, the RTB isn't fot for purpose and merely suits the current agenda. Accountability on all sides needs to be the order of how things are run, chances of that are slim.



  • Registered Users Posts: 117 ✭✭YipeeDee


    Well whether you find it hard to believe or not, I just did it a little over a week ago.

    phoned up, gave them the name and address I had for a supposed landlord.

    And they were able to tell me not only did they not have the name I gave them but they also had no tenancy registered at that address.

    From that I deduced either the reference was a total fabrication.

    or the prospective tenant was renting from an illegal landlord.

    Either way their reference couldn’t be verified so I moved on.



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  • Posts: 0 [Deleted User]


    So you're saying the RTB gave you, a lad on the phone, private information just cos you asked nicely




  • Registered Users, Registered Users 2 Posts: 6,441 ✭✭✭jhegarty




  • Posts: 1,169 ✭✭✭ [Deleted User]


    Could someone not just test the claim? Ring up now, give a fake name and address of a local post office, shop, td’s office that you know isn’t rented. One person ring so RTB don’t smell something fishy going on and then report back here what they say.


    Edit: if something doesn’t exist then what private info are they giving you?



  • Registered Users, Registered Users 2 Posts: 1,872 ✭✭✭mrslancaster


    What is? Do you mean faking references or a landlord asking about employment?



  • Posts: 0 [Deleted User]


    There is no part of the RTB website that will give you the landlords name of a property.

    The only thing it will tell you is that there is a registered tenancy at a property, nothing more. No details about the tenants or landlord.



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  • Registered Users, Registered Users 2 Posts: 15,094 ✭✭✭✭javaboy


    Yup. And it's not even reliably accurate. My (owner occupied) house still appears on it but hasn't been rented since maybe 2019. My last rented place isn't on it now although I know it was registered and I know it is currently occupied by a new tenant and there's a very above board letting agent involved.



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    I checked a few properies of people i know who were renting but sold up over the last few years.

    They are all on it, even thou one sold in 2018 and 3 sold in 2019. I could forgive 202 still being there but not 2019 and 2018.



  • Registered Users Posts: 117 ✭✭YipeeDee


    Again, I am saying that I phoned them up and I gave them the information written on the alleged landlord reference.

    and they told me that they had no record of the name I gave them and they had no record of any tenancy registered at the address I gave them.



  • Registered Users Posts: 117 ✭✭YipeeDee


    No they did not “give me” any private information.

    I gave them the name and the address on the alleged reference.

    And they told me they had neither the name nor any tenancy registration from that address.

    From that I deduced the reference was a fabrication and I moved on.



  • Registered Users Posts: 117 ✭✭YipeeDee


    Where have I said they “gave me” any landlords name?

    I didn’t!

    For the third time.

    I said I phoned them up I GAVE THEM the alleged landlords name.

    I GAVE THEM the alleged tenancy address.

    And they told me they had neither the name registered nor any tenancy registration from that address.

    AT NO TIME did they GIVE ME anybody’s name or anybody’s address.



  • Registered Users Posts: 1,118 ✭✭✭Melanchthon


    I know from practical experience it's not.


    Also in terms of the asking for payslips and so on how are landlords going to reject people without setting themselves up for a discrimination case, isn't it more likely the more stuff asked for the more likely your going to get a discrimination case?



  • Registered Users Posts: 117 ✭✭YipeeDee


    Yep, asking for info like payslips, bank statements etc, they may be leaving themselves open to a discrimination case.

    From my limited experience ( only have one property I let) but with these ever changing laws, I have employed legal counsel to guide me through what is permissible to request.

    I request three pieces of information.

    1. How many people in occupation?
    2. Previous landlord references / work references and / or character references. ( It’s up to the prospective tenant to decide which references they want to give and I do my utmost to verify whichever reference they decide to furnish me with)
    3. Proof of ability to pay. This may be a rent book showing a history of payments to a previous landlord or some other means.

    Some people have sent me payslips which at no time have I asked for.



  • Registered Users, Registered Users 2 Posts: 2,404 ✭✭✭1874


    It not hard to believe, I consider what you are saying is not factual at all, RTB in my experience do not give information out over the phone, unless you are the tenant or the landlord and maybe some specific or limited information if you email them if you have some connection, ie again you are the tenant, the landlord and maybe if you have a legitimate 3rd party concern. What you highlighted in particular re the RTB, they dont verify references to randomers. I find it exceptionally unlikely they will confirm or refute any information regarding names and specific addresses, and you can check if a specific property is registered or not online, so maybe they might give that information out as it is already publicly available.



  • Registered Users Posts: 117 ✭✭YipeeDee


    Well in my experience, last week, they confirmed that they had no registration in that name nor from the address I GAVE TO THEM.

    And yet again, I REPEAT, for the last time, they did NOT at any time, give me anyone’s private information.

    With regard to the information being available on their website. Indeed, I had previously tried to search the address for a listing and couldn’t find one. Hence I picked up the phone and called them.

    As for being a “randomer”. I quoted my own RTB landlord registration, along with the address of my rental property to the person I was speaking to. They knew exactly who they were speaking to and had access to see the history of my own tenancy registrations.

    Frankly, at this point, it’s of no concern to me what you believe.

    I got the information that was important for me at the time to assess the reference I had received as unverifiable.

    I subsequently went with a different tenant whose references I could verify.

    And they are now living in my property and their tenancy has been registered with the RTB.



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