Question

England | Start of a Tenancy (England) | Tenant References and Guarantors (England)

Application has shown up 1 CCJ (hers) and an IVA (his)

22 Nov 2021 | 1 comment

The CCJ is for £590 and from April 2021, his IVA was in 2019.

On the viewing I asked if either had any CCJs and both said “no”.

A 1 week holding deposit was paid, with the relevant form sent over and signed the following day of receipt.

So far the interim report from Homelet is showing the IVA but no CCJs. They were very keen to put down the holding deposit before even viewing the property but I insisted they saw it first.

My gut instinct is telling me not to accept them.

If I decide not to proceed (I’m sure the landlord would not be keen either) do I have to return the entire holding deposit, even though I have paid for the credit checks and they were not exactly truthful about their financial situation?

Answer

1 Comment

  1. guildy
    guildy on 22/11/2021 at 11:28 pm

    You can retain the whole holding deposit:

    if the tenant provides false or misleading information to the landlord or letting agent and the landlord is reasonably entitled to take into account the difference between the information provided by the tenant and the correct information in deciding whether to grant a tenancy to the tenant, or the landlord is reasonably entitled to take the tenant’s action in providing false or misleading information into account in deciding whether to grant such a tenancy.

    As long as the application form they filled in says they have no adverse credit, that should be fine.

    There’s a strict procedure to follow to retain a holding deposit. Please see here for more information.

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