By link - 27 Nov 10 7:09 PM
Hello,
Wasn't too sure where to put this but i have been looking for places to rent and noticed at a few estate agents having a nice big box on the application forms stating "criminal convictions".
Now i am aware the through reference checking i can expect a credit check and having to supply recent wage slips, bank statements, references etc. but how would they go about checking for a criminal past?
The only legal info on the forms is with respect to the data privacy act, i really dont want to go disclosing my past any more than i have to and i dont even know what legal grounds they have to ask this; its not like insurance and material facts is it??
Has any one else had similar experience/advice they can offer?Post Edited (link) : 29/10/2011 13:44:21 (GMT+1)
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By Christopher Stacey - 18 Jun 08 1:26 PM
link,
It's not like insurance. For renting, think of it the same as employment positions covered by the ROA, in that you only have to disclose unspent convictions.
Ultimately, they are unlikely to check, but it is possible for them to ask to see a basic disclosure if they really wanted to. If you didn't want to, then you'd simply have to go through a different estate agent.
When I recently moved, they asked about convictions, and I didn't know whether to disclose or not, but given that my name and face is all over this website, on radio etc, I thought it would be unwise to lie. I simply rang them up and disclosed and they were fine - I remember they made a comment (that I felt quite uncomfortable with if I'm honest) about just wanting to check whether people would trash the place or deal drugs, and so they used the conviction question to make any potential links with this - as my convictions was "only" for theft from employer they didn't really care. Part of me thinks that a bit stereotypical, but then from a relevancy perspective I suppose it makes sense, perhaps it just made me uncomfortable the way they didn't seem to have a strict process and simply went on stereotypes.
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By AJH - 20 Aug 10 5:04 PM
Yes, because as we all know, nobody without a criminal conviction is capable of trashing their accommodation, dealing drugs or running off without paying the rent.... it's only people with convictions that can do that!
Seriously, the complete lack of logic from some agencies on this is staggering 
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By Christopher Stacey - 18 Jun 08 1:26 PM
It is, although it's a difficult one.
Ultimately, it's just like by doing credit checks (to check ability to pay) - with a bad credit rating, it doesn't mean you won't pay in the future, nor does a good credit rating guarantee you will pay.
We can't ignore the fact that, understandably, people with a criminal record for certain things (e.g. dealing drugs) may be seen as a risk of doing the same in the future, and so in a sense I can understand the rationale of looking for similar tendancies in the past. Just like I wouldn't expect to get employed in a position which involved handling cash - although I am trusted enough to access UNLOCK's petty cash - UNLOCK (more than anybody I suppose) can recognise reform! 
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By EDDIE - 18 Apr 11 9:05 PM
I have been asked to be a guarantor for my son for a flat he wants to rent. I signed the guarantor form with the Estate Agent and they advised me that an external company would do credit/referencing checks. I received an email from the company and had to answer certain questions.
One of the questions was "Do you have any criminal convictions" and then in brackets whether spent or not.
Beneath the this question was a Warning. If you provide false information in response to this request you may be guilty of Fraud under the Fraud Act (2006) which carries a maximum penalty of 12 months imprisonment, or of Forgery and Counterfeiting Act (1981) which carries a maximum penalty of 2 years imprisonment
I was a bit surprised to see this, perhaps I am wrong but are credit/referencing agencies allowed to ask about spent convictions?
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By Deb S - 16 Sep 11 1:36 PM
Hi Eddie
This organisation are not legally entitled to ask about spent convictions so there is no need to disclose any. We'd be extremely grateful to receive details of this particular credit referencing agency as it might be useful to point out to them what they are legally allowed to ask.
If you would be happy to provide this, could you please contact the Unlock Helpline.
Many thanks
Need Unlock's advice? Visit our self-help information site or contact our helpline
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