Disclosure by Agents

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  • Disclosure by Agents

    Hi I am new here, and I have a problem which I am sure someone can help me with.
    A tenant moved out owing me £850, the agents hold a bond of £600. There is some damage to the property which will obviously cost to sort out.
    I intend to take the tenant to "small claims court" for the arrears, but the agent refuses to disclose their forwarding address (which they do have).
    Can they (the Agent) do this?
    What options are open to me?
    Please help.
    Jenx.

  • #2
    When did the tenancy start as we need more information? How long was the fixed term? How is the deposit held, for instance was it required to be protected (tenancies starting after 1 April 2007)? Is it an AST?
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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    • #3
      Thank you for your reply.
      The tenancy started after April 2007 it was an AST, it was initially for 6 months, and was renewed twice each time for 6 months, it has now expired. The "bond" is held by the agent in (I think) an insurance type scheme.
      Jenx.

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      • #4
        If they say its the Data Protection Act quote section 35 (2) to them:

        35 (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

        (2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

        (a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

        (b) for the purpose of obtaining legal advice,

        or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

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