Question

Houses in Multiple Occupation (HMO) (England) | Insurance (England) | Tenant References (England) | Unlawful Discrimination (England)

tenant is exprisoner

22 Nov 2016 | 1 comment

I have a tenant who is applying for a room in an HMO who I found out is an ex-prisoner. I only found out because he put previous address as a hostel for prisoners. He had a good credit reference.

What am I allowed to ask him, and what does he legally have to tell me?

Because it is an HMO, I feel that I have a moral (maybe legal) obligation to the other tenants to make best efforts ‘not’ to put them, their possessions, friends and family in an danger. I don’t have any objection to ex-prisoners as such. Additionally if they are under any rehabilitation programme, it breaks the terms of my landlords building’s insurance.

Answer

1 Comment

  1. guildy

    A landlord has no specific right to know criminal convictions but you can ask the question. We have a form for that purpose.

    The prospective tenant wouldn’t have to disclose any if they didn’t want to and in particular, certain offences after a certain period (which varies depending on the offence) become “spent” which means they don’t have to be disclosed even to people entitled to the information.

    You would only be able to inform other occupiers of the conviction(s) if you had the express consent from the prospective tenant and it’s not something I would advise.

    I would ask for that form to be completed (as you could with all prospective tenants) and if you’re not comfortable, simply don’t let the property to them.

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