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Vindictive tenant, can I let current landlord know?

Started by Teabin, January 21, 2020, 09:49:13 PM

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Teabin

If a tenant turns on you after having had a good relationship throughout the tenancy, so much so you gave them a good reference is it ok to update the new landlord with what you're going through in order that they can try to avoid going through the same thing?

Simon Pambin

I doubt the claim is vexatious in the legal sense. They're after money I take it? I'd be surprised if a firm of no-win no-fee ambulance-chasers had taken on the case if there weren't a reasonable chance of success, unless they've been grossly misled by your erstwhile tenant.

As regards telling your former tenant's current landlord, I'd leave well alone if I were you: you'd have to steer a narrow path between running afoul of defamation and data protection legislation, and you risk coming across as vindictive and petty. Rise above it. Fight the claim if you think you have grounds to fight it, but then put it behind you, however it ends, and move on.


Teabin

Quote from: Simon Pambin on January 21, 2020, 10:40:56 PM
I doubt the claim is vexatious in the legal sense. They're after money I take it? I'd be surprised if a firm of no-win no-fee ambulance-chasers had taken on the case if there weren't a reasonable chance of success, unless they've been grossly misled by your erstwhile tenant.

As regards telling your former tenant's current landlord, I'd leave well alone if I were you: you'd have to steer a narrow path between running afoul of defamation and data protection legislation, and you risk coming across as vindictive and petty. Rise above it. Fight the claim if you think you have grounds to fight it, but then put it behind you, however it ends, and move on.

You are probably right. Thanks

Hippogriff


Teabin

Quote from: Hippogriff on January 22, 2020, 12:34:37 AM
Quote from: Teabin on January 21, 2020, 09:49:13 PMThese people make a mockery of the law

What is the ex-Tenant wanting to take you to Court for?

I shall update when it's all over with as is still ongoing atm .

heavykarma

This is Karma calling.I have been tempted to give good references to bad tenants,but always ended up refusing.Why put some other landlord through hell? You don't mention the reason for the claim,which suggests you are hiding something you did wrong? 

Teabin

Quote from: heavykarma on January 22, 2020, 10:24:00 AM
This is Karma calling.I have been tempted to give good references to bad tenants,but always ended up refusing.Why put some other landlord through hell? You don't mention the reason for the claim,which suggests you are hiding something you did wrong?

What's a good tenant, he paid rent and looked after property but wasn't a nice person so what does one do?

My situation is a bit unusual and still going through court, once it's all over with I would love to share it as may help others

Hippogriff

I wouldn't trust someone who initially gave a glowing referenced and then sought to `correct the record` post other events... the reference was given, freely, without duress one presumes. The reference stands and events that happen after it aren't relevant apart from making someone who might be spiteful and regretful feel, somehow, better about the situation. I've responded to numerous reference requests and they're mostly limited to "yes", "no" kinds of questions, like "did the Tenant pay their rent on time?" and "did the Tenant look after the property?" to which the OP here would be forced to answer "yes" anyway. There's no place for subjective commentary like "he was an arsehole"... that just makes the person giving the reference look like an arsehole, really. As mentioned, if a Solicitor (they can be called Ambulance Chasers if wanted, but they'll have assessed the case for merit you'd assume) has taken on the case it probably isn't vexatious... it's probably somewhat solid and the claim that it'll be "fought all the way" will probably not turn out to be true. If it's Deposit-related at all, I'd suggest a settlement, through gritted teeth, of course... because fighting it all the way doesn't usually work out too well. We have given the same advice many, many times. Of course, it may not be Deposit-related, but it's certainly the most common.

Teabin

Quote from: Hippogriff on January 22, 2020, 01:21:33 PM
I wouldn't trust someone who initially gave a glowing referenced and then sought to `correct the record` post other events... the reference was given, freely, without duress one presumes. The reference stands and events that happen after it aren't relevant apart from making someone who might be spiteful and regretful feel, somehow, better about the situation. I've responded to numerous reference requests and they're mostly limited to "yes", "no" kinds of questions, like "did the Tenant pay their rent on time?" and "did the Tenant look after the property?" to which the OP here would be forced to answer "yes" anyway. There's no place for subjective commentary like "he was an arsehole"... that just makes the person giving the reference look like an arsehole, really. As mentioned, if a Solicitor (they can be called Ambulance Chasers if wanted, but they'll have assessed the case for merit you'd assume) has taken on the case it probably isn't vexatious... it's probably somewhat solid and the claim that it'll be "fought all the way" will probably not turn out to be true. If it's Deposit-related at all, I'd suggest a settlement, through gritted teeth, of course... because fighting it all the way doesn't usually work out too well. We have given the same advice many, many times. Of course, it may not be Deposit-related, but it's certainly the most common.

Indeed, I agree with everything you say.
My thoughts were to contact the landlord and say do be careful, do not put a foot wrong as you will end up paying, that's all. At the time I filled out the yes no reference form I had no idea what was in store for me as despite my private opinion of the tenant I was always civil, and professional, I went out of my way as I sensed the danger, and we maintained a good relationship throughout the tenancy.