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Housing ASSOCIATION want to see my bank statements. Do they have a legal right?

Hi All - My Housing ASSOCIATION want to see my bank statements. Do they have a legal right? Basically, they want to see if I have been subletting while working abroad (which I haven't by the way) and have asked for a huge amount of docs. I have no trouble supplying them with the things they ask for but would rather not give my bank statements going back two years - that's private! Do they have a legal right? If I refuse, can they use that as grounds to evict me? Aren't I protected by the Data protection act? Thanks for any help!:)
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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They may not have a legal right but you need to weigh this up against them taking action to evict you and the trouble it will cause (even if they don't get an eviction order).
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • You don't have to show them jack !!!! without a court order!
  • DomRavioli
    DomRavioli Posts: 3,136 Forumite
    1,000 Posts Combo Breaker
    You will need to provide evidence that you were not subletting. One of the simplest ways is through your bank accounts, to prove no payments were made for subletting.

    You can refuse, but that may implicate you further. Which HA are you with, and what year did you sign your tenancy, so I can hopefully have a look at a basic contract for you.

    The Data Protection Act controls how your personal information is used by organisations, businesses or the government - including your landlord. It ensures your data is only used where necessary, and for limited and specific purposes, so no, the DPA doesn't cover you from not providing information with regards to a potential breach of tenancy.

    I don't know why its such an issue if you have nothing to hide, perhaps call the team responsible and ask if there is any other way you can demonstrate without revealing financial information, or if the statements can be amended in a way which shows transactions relating to the accusation, but no other identifying marks.

    I think you are completely over-reacting, but then again most RSL tenants do.
  • You don't have to show them jack !!!! without a court order!

    That is true - but by refusing to do so you are creating a whole lot of trouble for yourself.
  • OP no one on this earth has a right to see bank statements apart from inland revenue.

    Tell the rest to !!!! off.
  • tomtom256
    tomtom256 Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    OP no one on this earth has a right to see bank statements apart from inland revenue.

    Tell the rest to !!!! off.

    Thats not true though is it.

    Fraud investigators have powers to obtain your banks statements without you knowing as do the police.

    Lets be serious about this, who in the HA is asking to see them?

    They have no legal right to them, but can ask you to provide them and can make your tenancy harder if you mess them about.

    If you have nothing to hide what harm can it do? Maybe take them in person and state they cannot copy them, but you will allow a HO to view them.

    Unless of course you have been subletting hence the reason why you do not want to show them?
  • I'd be angry if my landlord wanted to see my personal bank details, I remember giving pay slips to show my earnings.
    xx
  • If somebody was providing me with subsidised housing, then I would have no problems showing them my bank statements to clear up a misunderstanding.
  • rozmister
    rozmister Posts: 675 Forumite
    I'd be angry if my landlord wanted to see my personal bank details, I remember giving pay slips to show my earnings.
    xx

    It's not a normal private let landlord though it's a Housing Association who have a responsibility to ensure people keep to their tenancy because there is a big long waiting list of people who will happily do so if the current tenant does not. They have to ensure their stock is being used for the purpose intended and not being sublet in breach of the tenancy - the easiest way to do this is to look at bank statement hence the request. It's not unreasonable and the OP has every right to refuse.

    Personally I wouldn't refuse as it indicates you have something to hide and could make life harder for you in the long run. Whoever your HA is they must abide by the data protection act and keep this information private and to be viewed on a need to know basis. You can request to see information on what they will do with your documents and who will see them before you hand them over if it helps put your mind at ease. I work for a Housing Association and I would never see these kind of documents - the only people who would would be the Housing Officer working on your case (the case of if you are subletting or not) and admin staff if there are admin staff involved in their department. Where I work is very strict about data and if I was caught trying to look at documents like that when it wasn't necessary severe disciplinary action would be taken. I can guarantee though that I won't work for the OPs HA though because of the type of housing we provide.
  • To all. Thanks very much for the very quick and insightful replies. I actually WAS served with an eviction notice and have been asked for 2 years of docs for pretty much everything despite being away for only 6 months this year. Housing Associations do not have clear rules for overseas workers, it's a gaping black hole of confusion as regards the property when working abroad - e.g. not leaving property empty but allowing people to work abroad etc. I was reluctant to let the HA get at my bank statements for my own personal financial reasons but it seems it may be the best way to call of the dogs though I still think it's a real cheek. Again, thanks to all for the replies.
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