Agent refuses to disclose landlord's name and address.

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    Agent refuses to disclose landlord's name and address.

    I'm renting via a reputable agent. I wrote asking for teh name and address of my landlord. They have refused to disclose it on privacy grounds.

    I thought the Landlord and Tenant legislation made it a criminal offence for an agent to refuse to disclose these details.

    I've googled but can't find the relevant section and some of the info is contradictory.

    Can anyone point me to the relevant section of the legislation ?

    #2
    The landlord does not need to give their residential address, only an address where they can be contacted.
    Hope this helps.

    Comment


      #3
      This issue has been discussed previously on these forums but the forum search or LandlordZONE search doesn't seem to pop up the answer.


      If you rent from a letting agency or an agent, you have a right to know who your landlord is. If you want to know who your landlord is, you should request this in writing. You should receive a note of your landlord's name and address within 21 days. It is a criminal offence for the landlord or letting agency to withhold this information.

      If your landlord changes, you should be given the new landlord's name and address before the next day that the rent is due or within two months of the change, whichever date is later.

      We need to look at the legislation involved to confirm the validity of Bill's opinion and this should be easily accessible by search - but it is not.
      Vic - wicked landlord
      Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
      Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

      Comment


        #4
        A quick search on the other aspects of Landlordzone found this here

        Comment


          #5
          Here is a thread with such a discussion:

          http://www.landlordzone.co.uk/forums...ead.php?t=4371

          I agree there is some 'confusion' regarding the LL address that must be provided if requested in writing. I have seen articles on the web by lawyers that contradict what i believe to be correct; i.e.

          that it must be the LL's abode or place of business.
          The NAEA technical award course material supports this (so it must be right !!!!!)

          You can find the owner of your property by paying for a land registry check.
          http://www.landregisteronline.gov.uk/
          All posts in good faith, but do not rely on them

          * * * * * ** * * * * * * * * * * * *

          You can search the forums here:

          Comment


            #6
            Originally posted by Bel View Post
            Here is a thread with such a discussion:

            http://www.landlordzone.co.uk/forums...ead.php?t=4371

            I agree there is some 'confusion' regarding the LL address that must be provided if requested in writing. I have seen articles on the web by lawyers that contradict what i believe to be correct; i.e.

            that it must be the LL's abode or place of business.
            The NAEA technical award course material supports this (so it must be right !!!!!)

            You can find the owner of your property by paying for a land registry check.
            http://www.landregisteronline.gov.uk/
            See s.3 of LTA 1985 as against s.48 of LTA 1987, plus what s.38 of former says re meaning of "address" - all covered in other LandlordZone forum discussions.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Damn those cheap varifocal lenses

              Must have put the wrong criteria in the search engine. Thanks to those who provided the missing links.

              Tend to go along with Bel's view here. The legislation must be designed to prevent landlord's hiding behind anonymous forwarding addresses otherwise it wouldn't make sense.

              ... but no doubt someone will contradict this viewpoint.
              Vic - wicked landlord
              Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
              Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

              Comment


                #8
                I think what the law is asking is, for the landlord to designate an address where notice can be severed, in this case that seems to be the lawfully appointed agent. A landlord could have many addresses including those he rents, notwithstanding several residential ones just in encase.

                Comment


                  #9
                  Bazz
                  Here is the relevant part:


                  Landlord and Tenant Act 1985
                  1. DISCLOSURE OF LANDLORD’S IDENTITY
                  (1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
                  (a) any person who demands, or the last person who received, rent payable under the tenancy, or any other person for the time being acting as agent for the landlord, in relation to the tenancy,
                  that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
                  (2) A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
                  (3) In this section and section 2—
                  (a) "tenant" includes a statutory tenant; and (b) "landlord" means the immediate landlord.


                  Some local authorities will gladly persue agents/individuals who do not give the landlords name and address. Ask for your Tenancy Relations officer.
                  All posts in good faith, but do not rely on them

                  * * * * * ** * * * * * * * * * * * *

                  You can search the forums here:

                  Comment


                    #10
                    Originally posted by Bel View Post
                    Bazz
                    Here is the relevant part:


                    Landlord and Tenant Act 1985
                    1. DISCLOSURE OF LANDLORD’S IDENTITY
                    (1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
                    (a) any person who demands, or the last person who received, rent payable under the tenancy, or any other person for the time being acting as agent for the landlord, in relation to the tenancy,
                    that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
                    (2) A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
                    (3) In this section and section 2—
                    (a) "tenant" includes a statutory tenant; and (b) "landlord" means the immediate landlord.


                    Some local authorities will gladly persue agents/individuals who do not give the landlords name and address. Ask for your Tenancy Relations officer.

                    Thanks Bel,

                    Much appreciated.

                    It's Section 1 of the Landlord and Tenant Act 1985. (sorry- the para you kindly quote says 1 -didn't realise it was referring to the Section in the statute -doh!).

                    http://www.letlink.co.uk/letting-sta....html#S1%20DLI


                    The law is quite clear: the agent is obliged to disclose the landlord's name and address within 21 days of my email.

                    Comment


                      #11
                      Originally posted by bill65 View Post
                      I think what the law is asking is, for the landlord to designate an address where notice can be severed, in this case that seems to be the lawfully appointed agent. A landlord could have many addresses including those he rents, notwithstanding several residential ones just in encase.


                      The landlord does not need to give their residential address, only an address where they can be contacted.
                      Hope this helps.
                      Neither of these statements is correct! Other posters have correctly identified it is a CRIMINAL OFFENCE by the agent not to supply the landlord's name and normal place of abode within 21 days of a WRITTEN request to the agent, and can be anywhere in the world . It doesn't extend to disclosing any other information about the landlord such as a telephone number. God knows how many times I have posted this but information retention I'm afraid is not good amongst posters.
                      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.

                      Comment


                        #12
                        Originally posted by Paul_f View Post
                        Neither of these statements is correct! Other posters have correctly identified it is a CRIMINAL OFFENCE by the agent not to supply the landlord's name and normal place of abode within 21 days of a WRITTEN request to the agent, and can be anywhere in the world . It doesn't extend to disclosing any other information about the landlord such as a telephone number. God knows how many times I have posted this but information retention I'm afraid is not good amongst posters.
                        I have no wish to dispute your contentions but, are you assuming the landlord is a “person” in law, if so, then their address could be with their accountants for service of notice, therefore why not their agent.

                        I cannot see the law make a difference between a human and an artificial person for service of notice. Or I'm I missing something, please feel free to advise otherwise.

                        Comment


                          #13
                          Originally posted by bill65 View Post
                          I have no wish to dispute your contentions but, are you assuming the landlord is a “person” in law, if so, then their address could be with their accountants for service of notice, therefore why not their agent.

                          I cannot see the law make a difference between a human and an artificial person for service of notice. Or I'm I missing something, please feel free to advise otherwise.
                          FYI

                          1. DISCLOSURE OF LANDLORD’S IDENTITY

                          (1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

                          (a) any person who demands, or the last person who received, rent payable under the tenancy, or any other person for the time being acting as agent for the landlord, in relation to the tenancy,

                          that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

                          (2) A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

                          (3) In this section and section 2—

                          (a) "tenant" includes a statutory tenant; and (b) "landlord" means the immediate landlord.

                          2. DISCLOSURE OF DIRECTORS, AND ETC. OF CORPORATE LANDLORD


                          (1) Where a tenant is supplied under section 1 with the name and address of his landlord and the landlord is a body corporate, he may make a further written request to the landlord for the name and address of every director and of the secretary of the landlord.

                          (2) The landlord shall supply the tenant with a written statement of the information requested within the period of 21 days beginning with the day on which he receives the request.

                          (3) A request under this section is duly made to the landlord if it is made to—

                          (a) an agent of the landlord, or

                          (b) a person who demands the rent of the premises concerned;
                          and any such agent or person to whom such a request is made shall forward it to the landlord as soon as may be.

                          (4) A landlord who, without reasonable excuse, fails to comply with a request under this section, and a person who, without reasonable excuse, fails to comply with a requirement imposed on him by subsection (3), commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
                          The act is not very clear IMO and I'm not a lawyer, but it seems to be implicit that it is the LL's residential address that is required to be divulged.

                          As detailed above, the law differentiates between natural and corporate LL's, but still implies it is the residential addresses of the directors et al.

                          Cheers
                          Now signature free.

                          Comment


                            #14
                            Originally posted by lorenzo View Post
                            FYI



                            The act is not very clear IMO and I'm not a lawyer, but it seems to be implicit that it is the LL's residential address that is required to be divulged.

                            As detailed above, the law differentiates between natural and corporate LL's, but still implies it is the residential addresses of the directors et al.

                            Cheers
                            That makes little sense to me, since it is the company that is liable and not the individual directors.
                            So as you say wide open to challenge, right up my street.

                            Comment


                              #15
                              Originally posted by bill65 View Post
                              I have no wish to dispute your contentions but, are you assuming the landlord is a “person” in law, if so, then their address could be with their accountants for service of notice, therefore why not their agent.

                              I cannot see the law make a difference between a human and an artificial person for service of notice. Or I'm I missing something, please feel free to advise otherwise.

                              To clarify the meaning of address:

                              Please see Jeffreys post on the previous thread that I highlighted. There is a link below. He also makes reference to it in this thread.

                              "Address" is defined in s.38. It means "a person's place of abode or place of business or, in the case of a company, its registered office".

                              http://www.landlordzone.co.uk/forums...ead.php?t=4371

                              Does this not satisify that an agent's "care of" address will not be acceptable?
                              All posts in good faith, but do not rely on them

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                              You can search the forums here:

                              Comment

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