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17/12/25 3:30 pm
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Landlords are often asked for a reference for a previous tenant – what should you do?
The obvious answer is to comply with the request. That’s because you’re helping your fellow landlord and you may need this kind of help yourself. Consequently, you should be accurate and truthful in your reference.
Giving a truthful reference should not be a cause for concern. But remember, stick to the facts, don’t enter into opinions as to the character of the tenant, that’s a no, no.
There is some legal risk if you go about it the wrong way. We live in an age of social media, human rights and data protection, and people are litigious, they will go to the courts.
For many landlords, providing a reference for a departing tenant is little more than a courtesy — a short email confirming rent was paid and the tenancy ended. In practice, however, references do carry some legal risk if handled too casually. A poorly worded reference can expose a landlord to allegations of defamation, negligent misstatement, or breaches of data protection law.
The good news is that these risks are completely avoided. By understanding what a reference actually is — and, just as importantly, what it is not — landlords can give useful information to a reference agency acting on behalf of another landlord, while keeping themselves on the right side of the law.
It is worth noting this clearly at the outset. Landlords in England and Wales don’t have to provide a reference under any existing statutory obligation.
It has been confirmed by the government on several occasions that, outside of some specific contractual commitments, landlords are not legally required to give references when asked. In most private residential lettings, providing a reference is entirely voluntary.
Having said that, refusing can have practical consequences. Many reference agencies, letting agents and landlords will treat the absence of a reference as a warning sign. In a competitive rental market this will seriously disadvantage the ex-tenant or leaving tenant. As a result, landlords often feel pressured to provide a reference oftentimes without really thinking through the potential consequences.
A tenant reference should be understood as a factual summary of a previous tenancy, not a character judgement.
It is not or should not be a personal endorsement, a behavioural assessment of the person, or a prediction about how the tenant will perform in a future tenancy. Problems tend to arise when landlords move beyond these objective facts into subjective opinion, be this negative or positive. Obviously, a severely negative assessment carries the most risk
Statements such as “the tenant was difficult”, “unreliable”, or “a nightmare to deal with” may feel accurate to you, but they are legally risky. They are opinions rather than facts, and opinions are much harder to defend if challenged.
Defamation arises where a false statement is published to a third party and causes damage to someone’s reputation. In the context of tenant references, the risk arises most when negative information is stated inaccurately or without evidence.
Truth is the main defence to a claim of defamation, but the difficulty often arises in proving it with solid evidence. If a landlord claims a tenant failed to pay rent, caused damage to the property, breached the tenancy agreement in some other way or caused neighbour problems, these things can be easily substantiated. Rent schedules, bank statements, inventories, photographs, inspection reports, neighbour statements, police reports and court orders will suffice here.
However, unsubstantiated opinions and allegations which are exaggerated, or careless wording can leave a landlord exposed. The risk with defamation cases is the high cost even if the landlord can eventually substantiate her reference statement. If a claim of defamation is brought you must defend it, you have no choice there, and the legal costs can be significant.
Landlords can also face the risk of a claim from another other direction. If a landlord carelessly provides a reference that is inaccurate or misleadingly positive, and a new landlord relies on it to their detriment, there is potential for a claim in negligence.
This does not mean landlords must disclose every grievance, but it does mean that deliberately omitting material facts, such as persistent or significant rent arrears. It will be problematic if the reference creates a misleading impression through careless negligence.
Tenant references involve personal data which comes under the protection of the UK GDPR and Data Protection Act 2018, and landlords must have a lawful basis for sharing that data.
The General Data Protection Regulation (GDPR) is a comprehensive EU law adopted by the UK government giving individuals more control over their personal data. It requires organizations worldwide to protect data fairly, transparently, and securely, adhering to a set of basic principles like data minimisation and purpose limitation, and granting rights such as access, erasure ("right to be forgotten"), and data portability, with significant penalties for non-compliance.
In practice, a safe approach is to obtain the tenant’s written consent before providing a reference. Consent can be explicit (for example, a signed authority) or implied where the tenant has clearly requested the reference be provided to a named party. An email or text should suffice here.
Tenants also have the right to request access to the personal data held about them, i.e, including references, and to challenge any inaccuracies as they see them.
A well-constructed reference sticks to verifiable facts. These typically include as stated above:
Neutral phrases such as “the rent was paid late on two occasions during the tenancy” is far safer in a reference than saying “the tenant was unreliable with rent payments”. It’s easily possible that there was a reasonable explanation for this lateness.
Where a dispute has occurred, it is better to reference outcomes rather than the arguments. For instance, “a possession order was granted on a certain date” is factual and verifiable; “the tenant refused to cooperate with my efforts to obtain possession” is an opinion which is difficult to prove.
Sensible landlords go for a neutral or limited reference, particularly where the tenancy was problematic but did not result in formal action. A neutral reference will typically confirm only:
This approach reduces risk while still providing useful information. Importantly, it avoids the temptation to misinterpret.
From a legal standpoint, saying less, provided this is accurate, is the safe option.
LANDLORD REFERENCE
This reference is given in good faith and is truthful to the best of my knowledge.
Signed and dated...
Telephone conversations “off the record” can be risky, so say no more than you would in a written factual reference unless you are confident you can back up any statement you make with solid evidence. Verbal comments are more likely to be misremembered, misquoted, misinterpreted or later denied. Written references provide clarity, safety and importantly, an audit trail.
The template helps here. Providing glowing references for one but a bare-bones one for others might raise questions if challenged. Consistency is your friend in all landlord-tenant dealings, from interview questions to letting decisions.
Tenants increasingly know and understand their legal rights under the headings stated above. If you have a reference disputed, you may be asked to justify what you have said or to correct or withdraw inaccuracies.
In rare cases, a reference dispute could escalate into a legal claim. While these cases are very rare, they are notoriously expensive, time-consuming and very stressful. You don’t want to leave yourself open to such an ordeal. This is all easily avoided by sticking to an evidence-based, neutrally worded template from the outset.
Providing a tenant reference is not a legal obligation, but it has become a practical expectation in the private rented sector and is the courteous thing to do – you never know when you need it yourself. The key for landlords is to resist treating references as informal favours.
A tenant reference is a professional statement which carries potential legal consequences. Keep it factual, proportionate and evidence-based, obtain consent from the tenant, and avoid giving an opinion. Done properly, references help the private rented sector function better without creating unnecessary risk for landlords.
Data Protection Act 2018 and UK GDPR guidance (ICO)
Why more tenants fail reference checks and what landlords should do
[Main image credit: Photo by LinkedIn Sales Navigator]
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