tenant moving with council's help - rent arrear and no forwarding address

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    tenant moving with council's help - rent arrear and no forwarding address

    My tenant is on housing benefit (still paid totally, directly to me). Because of a threat to her personal safety, the tenant has been helped with great speed, to move to a new property in another council area. 'My' council helped or co-ordinated the move.
    My tenant has not given me 1 months notice nor a forwarding address.

    1. Will either council be obliged, if I asked - under S35 of the DPA - to release the tenant's forwarding address? The tenant is obliged under the AST to give a forwarding address which the councils know so therefore I am entitled to a new address. And in consideration of the point 2 below, is there an added reason for the council to comply?

    2. If 'my' council actually helped the tenant move quickly - even before the tenant was able to give a months notice, is 'my' council liable wholly or partly to continue to pay housing benefit till the end of the month's notice?

    Anyone with similar experiences?

    Many thanks

    #2
    1. No
    2. No

    Comment


      #3
      Thank you David. That seems pretty clear!

      Can I apply online to the Courts Service to ask for the tenant's address to be given me?

      How would a 'tracing service' go about finding a tenant?

      Comment


        #4
        Originally posted by temujin View Post
        Thank you David. That seems pretty clear!

        Can I apply online to the Courts Service to ask for the tenant's address to be given me?
        How would they know the tenants address?

        Under the D.P.A rules you can apply to the council for the address, as it is in regards to impending court action. Whether they actually compy, I dodn't know. I applied to my council about an ex tenat about 2 weeks ago, and i'm yet to hear back.

        Originally posted by temujin View Post
        How would a 'tracing service' go about finding a tenant?
        Why?
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Originally posted by temujin View Post
          Can I apply online to the Courts Service to ask for the tenant's address to be given me?'
          No.

          How would a 'tracing service' go about finding a tenant?
          No idea how they do it, but if you go that route, use one which offers a no-find-no-fee deal. Here's one who do http://www.findermonkey.co.uk/tenant-tracing (but this is not a personal recommendation, just a company I've heard of).

          I believe you need to wait at least a few weeks before trying to trace, for the new address to get on the system, so to speak.

          However, note that, if the T is on benefits, it will be very difficult to enforce a CCJ, should you obtain one.

          Comment


            #6
            my council refused to give me the tenant's new address - they are not obliged to but can decide to if they wish under the DPA
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


              #7
              Originally posted by islandgirl View Post
              my council refused to give me the tenant's new address - they are not obliged to but can decide to if they wish under the DPA
              Did you apply using the D.P.A ?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                certainly did -section 35 or whatever it was = in connection with legal action. Still got a big fat NO!
                Unshackled by the chains of idle vanity, A modest manatee, that's me

                Comment


                  #9
                  Originally posted by islandgirl View Post
                  certainly did -section 35 or whatever it was = in connection with legal action. Still got a big fat NO!
                  I will see what they say to me. I suspect the same.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Hope you are luckier than I was but I wouldn't hold my breath!
                    Unshackled by the chains of idle vanity, A modest manatee, that's me

                    Comment


                      #11
                      If you were to have a clause in the tenancy agreement that stated words to the effect that the tenant agrees to council disclosing any forewarding address to the landlord. Do you think the council would take any notice and comply? Or if you got the tenant to sign a letter at the start of a tenancy stating something similar?

                      Comment


                        #12
                        No -sorry!
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

                        Comment

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