How do you find out if someone has been convicted?

[SirGalahad]

To cut a long story short, I believe one of my tenants has been convicted of a crime and been sentenced.

My letting agent informed me. Now the property is in arrears of 6 weeks but the wife informed the agent its only for a short period.

Now the tenant has paid on time or a week or two late but never over a month.

Now am I able to check what the tenant was convicted for before I make a decision?

I've never had to end a tenancy early before so this is new territory.

 

[sodthisforfun]

https://www.personnelchecks.co.uk/sectors/landlords/
I don't think you can find out without the chap's permission. I can remember trying to find my brother so could update him over important family news (not seen in 20 years) and as he was always a bit naughty, I thought I'd try everything including convictions. Couldn't find out if he had a criminal record or if he was in prison.

Sometimes if it's newsworthy, it will be in the local rag.

 

[SirGalahad]

I was thinking the same thing. But how quick are these DBS checks updated. This is something that's happened recently.

I was thinking of searching court listings but so far can only find current listings no searchable archive.

 

[ellal]

Now am I able to check what the tenant was convicted for before I make a decision?

Purely out of interest, what crimes would you consider 'evictable offences' and which ones not?

 

[Notch7]

I suppose it had never occurred to me that it would be difficult to find out if a person had been recently committed of a crime. I guess a journalist would know

Does a tenancy agreement allow for ending a tenancy if the tenant has committed a crime?

Has the tenant lost his job due to the crime? -is that the reason for non payment.

 

[big-all]

ok my thoughts
you have no right to know unless it directly concerns your building other tenants or your land like growing cannabis or selling drugs from the house or garden
non payment off rent is not a criminal offense
loosing his job for whatever reason wont give you recourse other than normal non payment

 

[EFLImpudence]

If people have no right to know, why do reporters sit in court all day and then publish the details in the paper?

 

[HawkEye244]

To cut a long story short, I believe one of my tenants has been convicted of a crime and been sentenced.

My letting agent informed me. Now the property is in arrears of 6 weeks but the wife informed the agent its only for a short period.

Now the tenant has paid on time or a week or two late but never over a month.

Now am I able to check what the tenant was convicted for before I make a decision?

I've never had to end a tenancy early before so this is new territory.

It's a question for your letting agent which no doubt crafted the contract your tenant signed.

I find it rather interesting you would not ask them..... Have you had a falling out ?

 

[motorbiking]

Be careful - you may be committing an offence under the rehabilitation of offences act, if you take account of a spent conviction. Further unless you have stipulated it is a criteria of the tenancy not to be a convict (e.g. a clause that the tenant signed up to saying he has none and will not allow anyone with any to dwell in the property), then you have no grounds to evict on the basis of a criminal conviction. You have to stick to the contract and the terms of the housing act. https://www.legislation.gov.uk/ukpga/1988/50/section/8

Failure to pay rent on time gives you grounds for a Section 8 notice if your tenants have broken the terms of the tenancy. However, it sounds like he's read up on the law and is keeping his arrears under the magic 8 weeks / 2 months that you'd need to serve a valid section 8.

In short - you cannot do anything, unless its in your agreement.

The rehabilitation of offenders act also protects them from being forced to disclose spend convictions.

 

[SirGalahad]

It's a question for your letting agent which no doubt crafted the contract your tenant signed.

I find it rather interesting you would not ask them..... Have you had a falling out ?

Ask who? The tenant? The letting Agent asked the wife why the delay in payment and she mentioned to him her husband is in prison but hes not in for long. The Agent believes that the guy has been convicted of some drugs offence - but this is pure hearsay.

 

[SirGalahad]

Be careful - you may be committing an offence under the rehabilitation of offences act, if you take account of a spent conviction. Further unless you have stipulated it is a criteria of the tenancy not to be a convict (e.g. a clause that the tenant signed up to saying he has none and will not allow anyone with any to dwell in the property), then you have no grounds to evict on the basis of a criminal conviction. You have to stick to the contract and the terms of the housing act. https://www.legislation.gov.uk/ukpga/1988/50/section/8

Failure to pay rent on time gives you grounds for a Section 8 notice if your tenants have broken the terms of the tenancy. However, it sounds like he's read up on the law and is keeping his arrears under the magic 8 weeks / 2 months that you'd need to serve a valid section 8.

In short - you cannot do anything, unless its in your agreement.

The rehabilitation of offenders act also protects them from being forced to disclose spend convictions.

Well am I within the law to ask the Agent to see a copy of the checks he did on the tenant - albeit these were done a few years back.

 

[cwhaley]

If people have no right to know, why do reporters sit in court all day and then publish the details in the paper?

The right to sit in at cases is written in law and only cases which involve national security or children are closed. Reporters only tend to sit at cases with 'newsworthy' nature though -- the vast majority of cases heard in the courts go unreported. Anybody can sit in at a crown on magistrate court case and I have (out of pure interest) sat in during murder cases. It is so the system can be seen as "open justice".

If it hasn't been reported and the landlord didn't attend the court case, then that's it. There is ample opportunity to sit in at cases.

In this case if the tenant is paying and is not involved in crime detriment to the landlord's interests, why should the tenant lose the roof over his head?

 

[durhamplumber]

Purely out of interest, what crimes would you consider 'evictable offences' and which ones not?

Indeed,good point.

 

[durhamplumber]

The right to sit in at cases is written in law and only cases which involve national security or children are closed. Reporters only tend to sit at cases with 'newsworthy' nature though -- the vast majority of cases heard in the courts go unreported. Anybody can sit in at a crown on magistrate court case and I have (out of pure interest) sat in during murder cases. It is so the system can be seen as "open justice".

If it hasn't been reported and the landlord didn't attend the court case, then that's it. There is ample opportunity to sit in at cases.

In this case if the tenant is paying and is not involved in crime detriment to the landlord's interests, why should the tenant lose the roof over his head?

Yes,indeed.You might come a cropper trying to evict him,rehab of offenders act and all that

 

[EFLImpudence]

Perhaps Sir G could google the local paper and search.

From my ex local newspaper:
https://www.bournemouthecho.co.uk/news/crime/

Perhaps it is to the detriment of the landlord's interest.