Right of tenant to see case file held by letting agents for tenancy agreement

jamie11

G_M wrote: »

Hmmm, Interesting point and never having beentocourt over arrears I admit to uncertainty.

But surely when anyone goes to court to claim anything, they have to prove their case to the court?

Usually yes, but when it's rent being paid or not how can a landlord prove it's not been paid? If the tenant claims it has been paid then there must be some evidence.......rentbook...bank statements and transfers, even a receipt on a grubby bit of paper. If a landlord keeps proper books then non-payments are easy to spot, if a tenant has proof he paid something that does not show up in the landlord's books then he wins, no proof, no win.

G_M

jamie11 wrote: »

....... If a landlord keeps proper books then non-payments are easy to spot, if a tenant has proof he paid something that does not show up in the landlord's books then he wins, no proof, no win.

I guess I was assuming the proof (OK - evidence) the LL would present was just that:
* tenancy agreement showing rent due and
* Accounts showing rents received over the life of the tenancy

The tenant's defence would then be to show evidence of payment that was missing from from the LL's accounts.

FR_262

Yes, the T has to prove he has paid the rent. That is by standing orders on his bank account or by the LLs signature in the rent book.

PS I've taken enough Ts to court and am starting another money claim any day now. Grrrrrrrrrrrr

camptownraces

clairemp wrote: »

Hello all


I am hoping someone can help me with the following,

We have asked to have a copy of the full file, in particular with regard to repairs & maintenance, and also to do with rent where she is alleging non-existent arrears. The landlord is now refusing to let us have a copy of the case file pertaining to the tenancy held by the letting agents and has been told that legally we have no right to see it, that the landlord can cherrypick from the file as she sees fit and refuse to disclose any information which is detrimental to her. Our position would be that the case file forms part of the tenancy agreement and is also data held about the tenant as data subject, and he has a legal right to see the full file and have this corrected if necessary. Which position is right? Is there some legislation pertaining to disclosure of information which we can use to have this disclosed?


If anyone can think of a way we can get information about the repairs, that'd be really helpful. She's claiming work has been done in a reasonable timeframe and we need to be able to show when he rang the letting agents (in one case she left it 2 months in winter with no central heating or hot water at all, which can only be proved by showing when he rang and the correspondence between landlord & letting agents as well as letting agents & repair/maintenance to show how long it was), let repairmen in who didn't do the work and their reasons why as given to the letting agents, and that repairs weren't putting the matters right, repairmen were regularly coming back but not doing the work.


Thank you in advance for your help- it would be appreciated, thanks.


Cheers,
Claire

Data Protection applies to personal data.

Communications between landlord (or his agent) and contractors about repair work are not personal data relating to tenant, so a subject access request is NOT going to work.

ihatemyhouse

I had this of EH, they wouldn't let me have a copy of the report on the house I lived in due Data Protection Act,