A referencing ‘pass’ is not a guarantee

Landlords use tenant referencing to make a responsible decision before handing over the keys. But what happens when the applicant is not the person they claim to be?

That is the question at the centre of BBC Panorama’s There’s a Gangster in My Flat. The programme follows landlords whose properties were turned into a drugs factory and a brothel, or illegally sublet and ransacked, despite apparently credible applicants passing checks.

The lesson is not that referencing is pointless. It is that the word ‘passed’ may provide more reassurance than the underlying report justifies. Referencing packages vary, and landlords should not assume that every identity document has been authenticated.

Referencing, identity verification and Right to Rent are different

Referencing may cover affordability, credit history, employment, and previous tenancies. Identity verification asks whether the applicant is genuinely the person named on those documents.

In England, landlords must also complete the prescribed Right to Rent check. Depending on the applicant, this can involve original documents, a registered digital verification service or a Home Office share code. This legal check does not assess affordability, previous conduct, or the likelihood that a property will be misused.

As LandlordZONE has previously explained, referencing works best as one part of a layered and consistently applied tenant-selection process.

Six questions to ask before handing over the keys

Ask your agent or referencing provider:

1. Was the identity document authenticated, or were its details simply recorded?

2. Was the applicant matched to the document in person, by live video or biometrically?

3. Were employer and previous-landlord references independently verified?

4. Do the identity, banking, employment, and address details correspond?

5. Will you receive warnings and limitations, not only a pass-or-fail result?

6. What evidence will remain available if the application later proves fraudulent?

Checks should be lawful, proportionate, and applied consistently to every applicant. Suspicion must not become a pretext for discrimination.

Remain alert during the tenancy

Sophisticated fraud can defeat even strong pre-tenancy checks. Possible warning signs include rent stopping unusually soon, repeated resistance to properly notified inspections, heavily blacked-out windows, unfamiliar occupants, frequent short-stay visitors, unexplained alterations, and credible reports from neighbours.

None of these signs proves criminal behaviour. Landlords must respect quiet enjoyment and follow the legal and contractual requirements for access. Concerns should nevertheless be recorded and investigated rather than ignored.

Landlords concerned about illegal cultivation can also read Total Landlord’s guidance on cannabis farms.

What should you do if criminal use is suspected?

Do not confront suspected criminals, force entry or change the locks. Instead:

Prioritise safety. Call 999 if there is immediate danger or a crime in progress; otherwise report the matter through the appropriate police channel

Preserve evidence. Keep the application, reference report, identity-check records, messages, rent statements, inspection notes and photographs

Notify relevant organisations. This may include the agent, insurer, freeholder or mortgage provider

Take legal advice promptly. The correct possession route will depend on the tenancy, conduct and available evidence

Some people found inside properties controlled by criminal gangs may themselves be victims of exploitation or modern slavery. Investigation and intervention should be left to the appropriate authorities.

Criminal activity does not automatically end a tenancy

Police involvement does not, by itself, bring a residential tenancy to an end. Since 1 May 2026, Section 21 is no longer available in England. A landlord seeking possession must establish one or more Section 8 grounds and prove the case in court if the occupants do not leave.

Depending on the evidence, relevant grounds could include a false statement used to obtain the tenancy, breach of the agreement, property damage, rent arrears or antisocial or criminal behaviour. Some grounds are discretionary, so landlords should follow the current government possession guidance and obtain advice on the individual case.

Paul Shamplina, founder of Landlord Action and an expert contributor to the programme, says: “Referencing alone cannot eliminate every risk.”

The practical response is to understand the checks being purchased, document decisions, remain alert during the tenancy and act quickly when something goes wrong.

Landlords who need advice about recovering possession can contact Landlord Action for specialist legal support.

Panorama: There’s a Gangster in My Flat was broadcast on BBC One on 20 July 2026 and is available on BBC iPlayer.

‍