Council payment of rent

[AmirMahdavi]

I have a tenant who gets rent payment via council. He stoped paying rent, so after 2 months I exercised my right of asking council to pay the rent directly to me.

That was back in June. After 6 months, I am still waiting. The council wrote to me once that they will no longer make payments and I have to chase up the tenant myself. The tenant tells me they made a mistake and should resume payments to you soon.

Council doesn't give me any update on the case (data protection act!), and tenant keeps saying they'll pay you.

I have CCJ against the tenant and the unpaid rent. He also has arrears from the time that council used to pay him. So I need to seek information about his new address and bank details to go via money clams and get my money back.

Is there any legal means of bypassing the data protecion via a solicitor and present the court order forms to the council and seek information about the tenant?

[Berlingogirl]

I take it your tenant is no longer at your property. If your T is not employed then it is unlikely you're going to get your money back.

Use a tracing agent on a no find no fee deal.

If T is working try writing via his work address.

[Snorkerz]

You can ask the council to release the info under section 32 of the data protection act but not force them.

You will find companies on here that can find your ex-tenant for you - expect to pay £35.

However, only you know the tenants financial situation - do they have money to pay you? As benefit claimants they will not be 'rich' so even if you do find them, will you be able to enforce the debt? An order to obtain info at court is £50, plus another £50 if you need the bailiffs to serve it (you can't post). Would you ever see that money again?

[AmirMahdavi]

Thanks Snorkerz. Section 32 is for journalism and arts. You are certain I can refer to that?

[thesaint]

The council are extremely unlikely to give you the information you require.
They prefer to hide these tenants.

By all means make a request, but use a tenant finding service in the meantime. They will find your ex-tenant before the council even get around to denying your request.

[theartfullodger]

See section 35....
http://www.legislation.gov.uk/ukpga/1998/29/section/35

35 Disclosures required by law or made in connection with legal proceedings etc.
(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.

[45002]

Is this the same tenant you posted about here

http://www.landlordzone.co.uk/forums...benefit-tenant

and here

http://www.landlordzone.co.uk/forums...esn-t-move-out

[AmirMahdavi]

theartfulloger - thanks for the link!

thesaint - based the section 35 link, why would the council not give me the info? This section clearly applied to my situation as I have a CCJ in hand.

[Snorkerz]

theartfulloger - thanks for the link!

thesaint - based the section 35 link, why would the council not give me the info? This section clearly applied to my situation as I have a CCJ in hand.

Artful correctly corrected my post!

Section 35 gives the council permission to release the information, it does not oblige them. Many councils have a blanket ban on releasing information because they do not wish to introduce complications to front-line staff who may breach the DPA by mistake.

[thesaint]

thesaint - based the section 35 link, why would the council not give me the info? This section clearly applied to my situation as I have a CCJ in hand.

They will say that although the data is exempt from non disclosure of the DPA, they do not supply it in these circumstances.