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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My current landlord is refusing to give me a reference so i

Customer Question

My current landlord is refusing to give me a reference so i do not move out.
I have been on a periodic lease & recently been served a section 21.
Ive given a months notice as agreed in writing.
I have paid the rent over the 3 years ive been here regulary & on the 1st of every month without fail.
My current flat is & has been kept immaculate throughout.
I have since found a new property for me & my 12 year old daughter & have paid £400 holding deposit.
I fear losing the property + my £400 because "property management"refuse to provide a reference until somene else moves in? impossible when they are keeping me at bay?????
I am totally stuck,can you help? The stress is becoming unbearable...
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Why is it refusing to give a reference please?

JACUSTOMER-izlzv9uo- :

they say they will not give a reference until someone has agreed & taken over this property.

JACUSTOMER-izlzv9uo- :

this makes it

JACUSTOMER-izlzv9uo- :

impossible for me to move into my new property with my 12 year old daughter

Alex Watts : What is in your agreement about a reference please?
JACUSTOMER-izlzv9uo- :

i cant find anything in agreement regarding a leaving reference although my new tennancy requires it.All i need is comformation of dates,rent paid regular & flat has been kept clean &in good condition.

JACUSTOMER-izlzv9uo- :

the answer is yes to all the above but they are simply being awkward!

JACUSTOMER-izlzv9uo- :

they want me out to vastly increase the rent but are theoretically holding me to ransom until somone takes over the flat.I cannot move without a reference & nobody else can move in until we're out?

JACUSTOMER-izlzv9uo- :

its a stalemate & im struggling to find the logic???

Alex Watts :

Its bad news I am afraid.

Alex Watts :

What you have is a contract, the parties must be bound by the contract.

Alex Watts :

If it does not state you are entitled to a reference then sadly you can not force the Landlord to do so

Alex Watts :

There is nothing in the Housing Act that requires the landlord to give a reason therefore it can only be a contractual term

Alex Watts :

No contract term means no obligation

Alex Watts :

I have been researching this which is why it has taken me a while

Alex Watts :

I am sorry if this is not the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-izlzv9uo- :

no thankyou as i sorted it all out with my housing officer today whom was extremely helpful & even phoned them.I have since received a reference.

JACUSTOMER-izlzv9uo- :

ps.I stated i was on a periodic lease,not a contract.

Alex Watts :

Yes the period lease the answer would have been the same.

Alex Watts :

Unless there is a contractual provision then the Landlord is not obliged to provide one.

Alex Watts :

The Housing Act does not require a LL to give a reference

Alex Watts :

But I am pleased you have sorted it

Alex Watts :

Can I clarify anything else?

JACUSTOMER-izlzv9uo- :

no thankyou

JACUSTOMER-izlzv9uo- :

no thankyou

Alex Watts : Good.

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