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Letting agent won't give me the landlord's details

Hi, I bought a property a year and a half ago and over the last year have had to put up with a terrible neighbour who was renting. The property is in a new block of flats and this tenant has made the communal areas look atrocious. There is damage to plaster boards, stains on the walls from feet, blood, coffee, cigarette ends all over the place, damage to fixtures and fittings, etc. The letting agent has got rid of the tenant, but even though I constantly spoke to them about this, they have done nothing to rectify the issues. I spoke to them today and had a row with them and they told me it was not their responsibility and they would pass my complaints on to the owner. I said that I did not want that to happen as why would the owner contact me back. I asked for the owner's details. The letting agent refused.

Now I have been speaking to this agent for a long time. They were well aware of the issues (they even turned up to a fire started by the tenant) but have made no effort to use the tenant's deposit to fix any of the issues. I suspect that any deposit that may have been held back was used to rectify issues inside the flat that was rented.

Do I have any rights to get the owner's details? If not, is there anything I can do? The new tenant has not caused any major issues yet, but from what I have seen it is only a matter of time. I suspect that this letting agent is making the most of taking money from the local council to house individuals who are unable to house themselves. I bought this property brand new, with the expectation that other civilised owners would be living there, NOT uncivilised trouble makers just because it brings in regular cash from the council.

Any advice?
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Comments

  • The agent works for landlord: You have no contractual relationship with agent: He doesnt have to tell you: End of.

    Look the property up on landregistry: Spend £3 & find LL name & address: Write to him.

    Or ask neighbours, postie, tenant...
  • anselld
    anselld Posts: 8,500 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 17 December 2014 pm31 5:52PM
    You need to write to the LA (pen and paper keep a copy) requesting the LL details as required by Section 1 of the Landlord and Tenant Act 1985.

    http://www.legislation.gov.uk/ukpga/1985/70

    You may wish to point out that is is a criminal offence for them not to comply with your written request within 21 days.

    Edit: Sorry, this is only if you are the T. I missed the bit that this is a different flat.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    The agent has no obligation to provide you with anything.

    I wish people who suggest the land registry would explain that you might find you neither get the landlords name or address.
    anselld wrote: »
    You need to write to the LA (pen and paper keep a copy) requesting the LL details as required by Section 1 of the Landlord and Tenant Act 1985.

    http://www.legislation.gov.uk/ukpga/1985/70

    You may wish to point out that is is a criminal offence for them not to comply with your written request within 21 days.

    You have not read and/or understood the opening post.
    Well life is harsh, hug me don't reject me.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    This is not the agent's responsibility. You need to contact

    a) the building freeholder, who can chase the landlord/leaseholder of the flat (whose tenants caused the problem) OR

    b) the management company managing the building for the freeholder(s) OR

    c) the landlord/leaseholder (the agent has no obligation to give his details)

    Try the Land registry - it may/may not help. Try other neighbours. Try the freeholder. If the post is left out, check for names (other than the tenants!) on post addressed to that flat.
  • booksurr
    booksurr Posts: 3,700 Forumite
    just to clarify the agent is positively not allowed to give youy the LL's personal details since you have no right to know them and the agent is required under the Data Protection Act not to disclose personal details to any tom !!!!!! or harry

    - you mention damage in communal areas
    - you state it is a flat

    so why are on earth are you dealing with the agent at all? Who is your freeholder? It is their responsibility to take action against any of their leaseholders who are damaging the freeholder's property.

    do you have a block management company - write to them
    if not, write to your freeholder then back off and leave it to the latter to deal with the LL of the flat in question since that LL is a leaseholder and answerable to the freeholder just like you are

    if you have a share of the freehold and suspect the flat's LL also has a share then deal with it in a freeholders meeting
  • The Freeholder or block management will have to rectify these defects in communal areas and you will be billed for your share
    I do Contracts, all day every day.
  • theartfullodger
    theartfullodger Posts: 15,429 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 December 2014 pm31 6:55PM
    booksurr wrote: »
    just to clarify the agent is positively not allowed to give youy the LL's personal details since you have no right to know them and the agent is required under the Data Protection Act not to disclose personal details to any tom !!!!!! or harry
    ......
    The unkind might suggest b*ll*cks...

    Errr.... have you read S35 of DPA 1998??
    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.
    Since the request could be in connection with court proceedings the agent IS POSITIVELY ALLOWED to provide such data. But he probably won't:
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    If it's in E&W and presumably leasehold surely there is a management company. Look at the terms of the lease you signed, they are likely all the same. Write to the management company with a list of the terms that have been broken and ask them to contact the flat owner to get things rectified. Every time the tenant break the lease report it. The landlord should have set up the tenancy agreement to include the relevant terms of the lease, not causing nuisance etc. Also presumably he should have got consent to let from the management company. If his tenants are causing problems hopefully they will refuse consent to let next time.
  • booksurr
    booksurr Posts: 3,700 Forumite
    Errr.... have you read S35 of DPA 1998??
    http://www.legislation.gov.uk/ukpga/1998/29/section/35

    Since the request could be in connection with court proceedings the agent IS POSITIVELY ALLOWED to provide such data. But he probably won't:

    The unkind might suggest b*ll*cks...
    the LL has no legal liability towards another leaseholder in respect of the communal areas - second time you have missed the point of the OP
  • The Freeholder or block management will have to rectify these defects in communal areas and you will be billed for your share
    Agreed. This needs to be reported to the freeholder or management company.

    Normal practice is for them to make the repairs. Depending on the management, this may be added to the service charge and divided among all the owners.

    Better managers, will if they can identify the rogue occupants, will send a bill for the repairs to the owner of the offending flat. If they don't pay, then they repossess the flat for breach of the terms of the lease.

    I had this problem in a block I lived in with several flats being used as hotel apartments. A group of 5 residents managed to identify the tenants of a particular flat, and wrote to the management with detailed statements of the damage and who was responsible. The block manager contacted the LL, who evicted the tenants, but refused to pay for the damage. Once they got the court summons to attend a hearing regarding the forfeit of the flat, he paid up immediately. More importantly, every other single hotel flat disappeared from online hotel listing instantly.
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