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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am in a shorthold tenancy and my landlord has asked the

Resolved Question:

i am in a shorthold tenancy and my landlord has asked the agent to do a background check on my partner who does not live with me without anyones consent. is this legal.  he has a very bad criminal record which is why he does not live with me

Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Does the tenancy agreement allow the Landlord to do that please?
Customer: replied 1 year ago.

i dont know would it say in the tenancy agreement

Expert:  Ash replied 1 year ago.
Yes. If the tenancy agreement makes no mention that permission from the Landlord is needed, then you DO NOT need it.
If it does say in the tenancy agreement that the Landlord must do a background check then sadly it is the case.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

in the contract it says the tenant declares that she does not have any criminal convictions or any charges pending or yet to be heard in a court in the uk and accepts that should any convictions be revealed the landlord or agent shall be entitled to give immediate notice. whilst i understand this of myself as the tenant surely this does not apply to my boyfriend who is not on the tenancy agreement yes he stays here (not anymore as he has told me he does not want him on the premises) but does not in fact live here. i believe this to be illegal for an agent to carry out a check on him with no permission. do i have grounds to take this further?

Expert:  Ash replied 1 year ago.
Correct, it does not apply.
The Landlord can't make your partner undergo checks.
Does that clarify?
Alex
Customer: replied 1 year ago.

thank you that does clarify could you please advise how I could go about dealing with this i.e. what type of lawyer I would need as I now feel very uncomfortable living here but am tied into the contract until end of feb 2016. do I take it up with him or the agent?

Expert:  Ash replied 1 year ago.
You just need a Landlord and Tenant Solicitor to write to the Landlord and say he can't do anything about your partner. You can also take it up with the agent to see if they can talk sense into the Landlord.
Alex
Customer: replied 1 year ago.

its the agent that has done the checks!!!! can he forbid me to have him here? we live in a lodge within the grounds of his house.

Expert:  Ash replied 1 year ago.
No the agent can not.
Alex
Customer: replied 1 year ago.

its the landlord that has forbidden him here even said he will kim!! i shall seek legal advice in the morning. This is UK law and not US?

thank you for your help

Expert:  Ash replied 1 year ago.
UK law yes.
Does that help?
Alex
Customer: replied 1 year ago.

great thanks

Expert:  Ash replied 1 year ago.
Good luck
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex