Managing agents

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    Managing agents

    Hi - first post!

    I’ve got a quick questions that I thought you guys might have the answer to.

    I’m a new landlord and my property is situated in large mansion house which is managed by a Managing Agent. Every time i get a new tenant I have to register them with the Managing Agents and pay a fee, they’ve recently asked me to give them the tenancy contract as well for the new tenants. I don’t remember seeing this anywhere in my freehold documents or the documents around the roles and responsibilities of the managing agent - are they asking for too much l, as not all tenancy are formalised in writing, beyond me giving them the details of the tenants - am I obliged to do so as I feel their entrenching beyond their duties to look after the building and pay the porters?

    #2
    I assume you meant leasehold documents.

    Whether they are legally asking too much depends on the wording of your lease. However, assuming the fee is reasonable, what they are asking for is very reasonable.

    Sub-tenants cause a particular problem because there is no contract between your landlord and them. Ideally your landlord would want to dictate the terms of your tenancy agreements to ensure that you can enforce any breaches of your covenants against the sub-tenants. Failing that, it is still useful to know what you can and cannot enforce and whether you have given any permissions that breach your lease.

    Comment


      #3
      Is the managing agent registered for data protection?
      Does your agreement with tenant allow you to pass on their details (there will be more than their names in the agreement)?

      Do you own part of the freehold? If so,then agent works for you (partly) and you can seek to get their terms changed.

      Comment


        #4
        A managing agent really can't do their job if they are not registered for data protection.

        Comment


          #5
          Originally posted by leaseholder64 View Post
          A managing agent really can't do their job if they are not registered for data protection.
          Agreed.
          But if they want tenant data beyond name, then they should have a statement on what they will do with those data.
          If they have no such statement, then it is reasonable not to give them a copy of the agreement.

          Comment


            #6
            I think I’m a bit more clear, my initial thoughts where around GDPR and the purpose for processing the information, seeing as I’ve got sensitive information in the tenancy agreement I.e payment info and bank account details, addresses and I don’t want it out in a wider domain.

            I do own a share in the freehold but not sure how I’d go about adjusting their terms as I don’t sit on the board of directors..

            I’m curious as whether it’s normal practice

            Comment


              #7
              These are presumably your details. I would treat any non-resident leaseholder who wasn't prepared to give their real address with significant suspicion, and a possible mortgage fraudster. When you come to pay your service charges your bank account is likely to be revealed.

              Also, the previous legislation didn't apply to businesses, and the information you quote above is about your business, not you personally. I'm not sure that that still applies.

              The managing agent isn't really interested in the parts you mention, so probably wouldn't object if you redacted them. They want to know exactly what position they would be in relation to enforcement if the tenant misbehaves badly enough to need it, their name, so that they don't have to be addressed anonymously, for general communications and when dealing with minor breaches of the lease, and when tehy come and go, so that new safety briefings can be given and the record cleared on past issues.

              Comment


                #8
                Originally posted by leaseholder64 View Post
                Ideally your landlord would want to dictate the terms of your tenancy agreements to ensure that you can enforce any breaches of your covenants against the sub-tenants. Failing that, it is still useful to know what you can and cannot enforce and whether you have given any permissions that breach your lease.
                The tenancy agreement between the leaseholder and the tenant is private between those parties and the manager cannot “dictate the terms of the agreement”.
                It is obviously up to the leaseholder to comply with the terms of the lease.

                Comment

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