Council disclosed information to landlord

Benefits_Bod

I don't recall ever hearing of a LL's mortgage agreement expressly forbidding a LL to take on a tenant who is entitled to HB. There are plenty of agreements forbidding sublets without prior permission but that is irrespective of HB.

However, I have seen countless tenancy agreements with terms to the effect that claimants on HB "must" agree to have HB paid to the LL and/or indemnifying the LL against any overpayment recovery. In reality, such terms are completely unenforceable in law because they cannot usurp benefits legislation.

As for credit referencing, payments of HB & CTB aren't linked to any of the "big brother" financial systems. Only debts for unpaid rent and/or council tax will come to light in the event of court judgments.

Careful_with_that_Axe

Slightly off topic, but an interesting question came up today in conversation - does the Data Protection Act apply to Landlords too; i.e. to not disclose any information they hold on tenants without prior written agreement from the tenant?

puddy

you should look up whether you need to be registered with the ICO as a data controller if you are handling people's personal information, ie name, dob,prev addresses, bank details, reference details etc etc

no, you cant use that information without the tenants permission, unless of course its a police matter

Benefits_Bod

Almost.

Anyone holding personal data becomes subject to the DPA. After that, it's just a question of whether any exceptions within the DPA apply in relation to disclosure. For example, prior consent from the data subject is not needed for data to be disclosed if it is necessary for the purposes of exercising legal rights or in connection with legal proceedings. That doesn't mean the data HAS to be provided but there is no sanction for providing it.

Careful_with_that_Axe wrote: »

Slightly off topic, but an interesting question came up today in conversation - does the Data Protection Act apply to Landlords too; i.e. to not disclose any information they hold on tenants without prior written agreement from the tenant?

cakey

puddy wrote: »

and how would they tell if you claimed benefits from the checks?

and how would they tell if you lost your job next week?

they look at the amount you earn and whether it is sufficient enough to cover the rent, if their is a shortfall (I'm guessing if you are on benefits the shortfall would be covered by HB or LHA), then you have to declare if you are receiving benefits for rental purposes. I was specifically asked if we in receipt of any benefit when the checks were being made.


they wouldn't be able to tell if i left my job the next week, all am saying that if your situation changed whilst you are renting and you needed to claim HB or LHA it states you must update them. If i didn't i am in breach of contract.

MissMoneypenny

puddy wrote: »

you should look up whether you need to be registered with the ICO as a data controller if you are handling people's personal information, ie name, dob,prev addresses, bank details, reference details etc etc

no, you cant use that information without the tenants permission, unless of course its a police matter

There was a discussion on the renting board a few months ago about a website where some landlords are posting their tenants private details, including thir date of birth and National Insurance numbers.:eek:

Here is the link to the thread
https://forums.moneysavingexpert.com/discussion/2630339

birkee

Macro wrote: »

The LA should not inform a landlord that a tenant is claiming benefit unless they have permission to do so - it's a breach of the data protection act. Just because a tenant is entitled to benefit, does not mean they lose their right to privacy.

Some landlords evict once they realise that a tenant is in receipt of benefit.

Did you not read post #3?

They need the Landlord to confirm the amount of rent claimed for.
Rent £500 pm,....... claimed for £1000 pm.
How would YOU deal with it?

birkee

Macro wrote: »

I realise this, and that is your right as a landlord. That doesn't make it the right of the LA to disclose information to a landlord without the permission of the tenant.

The purpose of the LA/LHA is to enable people on a low income to obtain and keep their homes, not to ensure that a landlord complies with the terms of his own insurance policies.

Why do so many people believe the world owes them a living?

If the Landlord can't confirm he meets the terms of his insurance, then it would make no sense to rent out his property to him.
Let them go homeless as a result?

You say "stuff the Landlord" and the Landlord will say "stuff you" unless you comply with HIS / HER terms.
If the Landlord says you remove your shoes on entering the house to protect carpets, then DON'T rent from him.
Why should he care if you're homeless? There's always people to rent to who WILL meet his / her criteria.

john539

birkee wrote: »

Did you not read post #3?

They need the Landlord to confirm the amount of rent claimed for.
Rent £500 pm,....... claimed for £1000 pm.
How would YOU deal with it?

The tenant has a tenancy agreement showing the rent.

The council want to see the original tenancy agreement.

The tenant can't just makeup a figure which council will accept unless you think both tenant & council are stupid.

birkee

Now can all the renters who don't have a written tenancy agreement make contact please
And if you do, has it been updated following any changes?

Quote: john39.
The tenant can't just makeup a figure which council will accept unless you think both tenant & council are stupid.

Exactly. and there are more than enough stupid and or dishonest people to go round. Not to mention that there will be Landlords prepared to say he charges £1000 pm, and split the difference with the tennant (family member perhaps?) But if the Landlord makes a statement about the rent he charges, and is then later found to have been lying. he also faces prosecution.