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

CKhalvashi

Pessoa wrote: »

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.

Generally, you have to tell them if going away for more than 28 days. You won't necessarily lose the property, but it's more for the purpose of insurance (I'm a private landlord, and on the board of a large HA)

I had a company ask for my company and personal bank statements, as a result of a (then) non-police fraud investigation into a third party, and I had no problem complying with the request; both as it cleared my company from any involvement in it, and it's better than having to explain in court why I haven't done everything possible to keep it out of the legal system.

CK

MHartley

DomRavioli wrote: »

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.
QUOTE]

The OP doesn't have to prove anything. The onus would be on the HA to prove that the tenant has breached their tenancy agreement.
How do you prove a negative anyway? The absence of regular payments on a bank statement marked "Rent" doesn't prove the OP hasn't been sub-letting.

paulofessex

MHartley wrote: »

DomRavioli wrote: »

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.
QUOTE]

The OP doesn't have to prove anything. The onus would be on the HA to prove that the tenant has breached their tenancy agreement.
How do you prove a negative anyway? The absence of regular payments on a bank statement marked "Rent" doesn't prove the OP hasn't been sub-letting.

That's what l was thinking, it's up to the HA to prove the tenant has been subletting etc. it appears that they cannot currently prove it, may not have the grounds to undertake further in depth checks and may be using scare tactics to get the tenant to provide such info.

I certainly wouldn't show my statements.

DomRavioli

MHartley wrote: »

DomRavioli wrote: »

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.
QUOTE]

The OP doesn't have to prove anything. The onus would be on the HA to prove that the tenant has breached their tenancy agreement.
How do you prove a negative anyway? The absence of regular payments on a bank statement marked "Rent" doesn't prove the OP hasn't been sub-letting.

Yet according to the OP they have received notice of eviction, so there is obviously some evidence that maybe a breach of tenancy has gone on.

MHartley

DomRavioli wrote: »

MHartley wrote: »

Yet according to the OP they have received notice of eviction, so there is obviously some evidence that maybe a breach of tenancy has gone on.

Possibly, but the OP would be ill-advised to willingly provide the HA with further evidence of a breach of the tenancy agreement.

The OP has nothing to gain by aiding the HA in gathering evidence.

ETA: I don't know why these quotes aren't appearing correctly.

bengal-stripe

MHartley wrote: »

The OP has nothing to gain by aiding the HA in gathering evidence.

But the OP has a lot to lose by withholding any evidence which might refute the basis of the eviction claim. There is obviously more to the story than the OP has told us so far.

Depending on the tenancy, a court might have to make the decision.

poppasmurf_bewdley

You say you have been away abroad. Was it a holiday or were you working?

Have you checked to see whether your Tenancy Agreement allows you to not be living in the property whilst still renting it. If you've been away long enough to have possibly sub-let the property (in the HA's eyes), then they could possibly consider the property has been abandoned by you, even though you still paid the rent.

I think by not allowing them to see your bank statements, you could be storing up a whole lot of trouble for yourself.

Errata

What action did you take to ensure the property was kept in good order and the HA knew it was unoccupied during your "being away for only 6 months this year"?

krok

Pessoa wrote: »

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!:)

They can only evict you if they have evidence to say you was subletting. If they have none then it is their problem, not yours.

If they try to evict you without evidence you just take it to court and you will win.

dodger1

MisterMan wrote: »

If somebody was providing me with subsidised housing, then I would have no problems showing them my bank statements to clear up a misunderstanding.

Although I agree with showing the bank statements if it solves the problem, it proves absolutely nothing. You could easily have two bank accounts, have the subletting income paid into one and show the HA the other.