Tenants previous letting agent asking for their new address

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  • Tenants previous letting agent asking for their new address

    Hi, I had tenants move in a couple of months ago and I've just received an email from their previous letting agent saying they left the property in a mess and didn't pay the last months rent. They've asked me to provide my tenants new address so they can write to them. My question is, would providing this information be against data protection?

    Many Thanks
    TMTM


    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? Enland

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? AST

    Q3 – What date did current TA start dd/mm/yy? 14/06/2017

    Q4 – How long was initial fixed term (6/12/24 months / other)? Six

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? Calendar month

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? Yes, with first months rent

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). N/A

    Q8 – Does the landlord live in the same property as the tenant? No

  • #2
    "Obviously I am not able to pass on information about my tenants, but can confirm that I am the owner of 26 Avenue Road...."
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


    • #3
      I think you would need to provide the addresses of all your rental properties.

      Comment


      • #4
        https://ico.org.uk/global/contact-us/helpline/
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        Comment


        • #5
          Much of it would hinge around your status as a business. If you're an agent, or running a small property company as an established business, then clearly you are under the requirements of DPA. If you are an 'accidental' landlord then then #2 is clearly the way forward. However, either way you may be able to freely disclose the information where:

          "Personal data is exempt from the non-disclosure provisions where the disclosure of the data is necessary:
          • for or in connection with any legal proceedings (including prospective legal proceedings);
          • for obtaining legal advice; or
          • for establishing, exercising or defending legal rights."
          Section 29 rings a bell.

          It's up to you to interpret what actions the previous letting agent is considering, but if it's to pursue a debt or damages, I'd be satisfied that I was assisting in the right direction...
          I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

          Comment


          • #6
            Thanks everyone

            Comment


            • #7
              Did they provide a reference for these tenants?

              Comment


              • #8
                Instruct them to go forth & multiply....
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                • #9
                  Sounds as if you have far more serious problems than confidentiality of data. How exactly did you select these tenants?

                  Comment


                  • #10
                    look at the bigger picture. Your own tenants are now going to potentially be sued for damages and unpaid rent when they are living in your property. If they discover that you were the one that informed where they were living, you might find yourself their next victim.

                    If these claims against them are true (which they may not be as far as you know) then there are bigger issues for you as their current LL. If they did not pay their last month's rent because they could not, how long will it be before you are also suffering from lost rent? How often will you be inspecting the property now that you know they didn't respect where they last lived? You've got about 2 months until you can issue your own S21 but goodness knows what they might do in that time if you do give notice.

                    I'd say you have a vested interest to find out if the claims against them are true but you'll have to tread carefully. Would a frank (verbal) discussion with their previous letting agents be recommended?

                    Comment

                    Latest Activity

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                    • Abandonment
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                      I have had a phone call from the tenants daughter, (didnt know she existed), telling me he is leaving in two weeks. I told her he has nearly 4 months left on his 12 month AST. I subsequently got two calls from a housing association. asking for a reference for him, I told them the situation but they...
                      20-09-2017, 19:56 PM
                    • Reply to Abandonment
                      KTC
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                      Wannadonnadoodah
                      May only be tenants who have housing benefit paid then.
                      20-09-2017, 21:17 PM
                    • Reply to Abandonment
                      buttons
                      This I believe is incorrect, I do have experience of that part happening before and sent the council a copy of the AST and they cancelled my charge....
                      20-09-2017, 21:14 PM
                    • Reply to Abandonment
                      Wannadonnadoodah
                      In the eyes of the council as soon as he starts paying CT at his new property the liability will fall to you regardless of what else is happening.
                      20-09-2017, 21:02 PM
                    • Reply to Abandonment
                      buttons
                      I thought you could have it so that property was marketed but he still had liability as he wont be able to pay anything as he is unemployed and would reduce his liability to council tax if let before the end of his tenancy.
                      20-09-2017, 20:48 PM
                    • Reply to Abandonment
                      KTC
                      Either you recover the property, or the tenant is still the tenant with liability for rent & council tax (during fixed term of 6 months or more). You can't have it both ways of getting the property back but not liable for council tax.
                      20-09-2017, 20:38 PM
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