Ask Lorraine – What if my Tamworth tenant has a criminal conviction.

🙋  Landlord’s Question: 

My landlord insurance policy does not allow tenants with criminal convictions. To cover myself as it’s not possible to get a CRB or DBS check carried out on a potential tenant  should I add  a clause to the tenancy agreement stating that I do not take tenants with criminal convictions?

What if my tenant has a criminal conviction
What if my tenant has a criminal conviction

Lorraine’s Answer:

It’s a bit like shutting the gate after the horse has bolted!  So perhaps your application for accommodation should have this question added.The potential tenants then complete the application and sign the declaration, they have answered all questions in a truthful manner, right? You have done your best.

Surely if the potential tenants had lied on the application form about criminal convictions,  your insurance company would have to pay out, what more could you have done.

What if you found out a week later that they had lied on the application form and you want them out of your property,  then ground 17 should be used to seek possession.

Ground 17

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—

* the tenant, or

* a person acting at the tenant’s instigation.

Without the application declaration, you have no proof that they had lied and would be stuck with your tenant for a while longer.

Until next week.