Hi everyone,

I am in the process of applying for a flat in a build to rent property in England.

We actually own a property in Scotland where I have lived since 2018 and do not have a mortgage.

The reason for the short rental is to see whether we actually like the area before committing.

However.... on the application it asks "Any criminal records?" No reference to spent or unspent.

I was given a 2 year suspended sentence for fraud in 20215, so my conviction became spent on 25th February 2021.

I am not sure if I should answer yes or no here.

It is spent, however that's not what the question is.

Any advice would be appreciated.

Thanks,

It doesn't matter what the question is, as housing is not exempt from the Rehabilitation of Offenders Act. So, whatever question they ask, what they really mean is "If we request a basic DBS check on you, what are we going to see?" They would see nothing, so you have the legal right to say no. They do not have the legal right to that information and you don't have to tell them.

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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Thank you for the quick reply.

I just want to be sure that I am not committing a further offence if I was to answer "no."

AB2014 is completely correct - the Rehabilitation of Offenders Act 1974 applies in this situation and as a rehabilitated person which is recognised under the law, you have no duty to disclose your spent conviction in this circumstance. 

• When you say it's a 'legal lie' to not disclose spent convictions, what do you mean?

   Hide answerSo long as the job/role/service that you’re applying for is covered by the ROA, even if you get asked to disclose spent convictions, you don’t have to. For example, if you’re applying for house insurance and get asked “Have you got any spent convictions”, you can withhold details of your spent convictions. In other words, you can ‘legally lie’.

Rehabilitation of Offenders Act 1974 - Unlock

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Thank you for responding, appreciate it.

I will not declare it and see what happens