Nyree Applegarth, a partner at West Midlands law firm Higgs LLP and property law specialist, has joined the increasing call for a national register of tenants to be established, to allow landlords to check their history before rental agreements are signed. She – like others lobbying government – wants landlords to have the ability to search for previous County Court judgments against prospective tenants on a so-called Property Possession Order Register. This would safeguard landlords against damage to properties and non-payment as well as limit disputes and associated litigation costs.
With the ongoing and increasing shortage of rental property and limited safeguards for landlords, there is evidence that referencing processes are becoming more arduous for applicants.
The National Residential Landlords Association have indicated that a recent trend has emerged of landlords asking for personal statements from applicants. Following this, campaigners have hit the headlines by criticising landlords for requesting personal statements and also biographies from prospective tenants.
But others such as Applegarth defends the idea, she says: “I can completely understand why landlords want to do background checks as thoroughly as possible.
However, she believes that obtaining references doesn’t go far enough. Because, just like a CV, you will only ask someone to act as your referee if you know they will comment positively when approached. Worse, if the referee is an employer, they don’t really know how that person will behave as a tenant; they only know them in a work capacity.
This is why Applegarth is campaigning for the introduction of a Property Possession Order Register. That way landlords would be able to see what, if any, orders have been granted against that person in previous properties, either for non-payment or damage.
She and other believe this is the best way to protect landlords against bad tenants and in particular serial offenders.
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