letting agent not giving tenants new address

emmita

Hi, anyone else have any advice / experience on dealing with letting agents who will not give a forwarding address of my ex tenant? My ex tenant moved out and there were damages, rent arrears and stuff taken. At the moment the bill which will be claimed is in excess of £1000. The deposit with the DPS is less than this. The property has been managed by a letting agent and they won't give me a forwarding address due to data protection, I got a solicitor who said in matters of litigation I'm entitled to it. They are dragging their feet. Should I just let my solicitor sort it or stand my ground and keep at them? If you've had a similar problem would be very interested to hear. Thanks

Thrugelmir

Your letting agent?

emmita

Not sure I understand your question. I am a reluctant landlord and I'm trying to get an address from my letting agents of my ex tenants. I had no involvement with them as it was managed by the letting agent. I just wanted some advice if any other landlords have a similar experience.

G_M

Your solicitor is right.In fact he's doubly right:
* you are entitled to it for litigation purposes AND
* because the tenancy contract was between you (LL) and the tenants. The agent was acting on your behalf so if the Ts gave them a foewarding address, they were actually giving it to you via the agent

Is it possible the T did NOT give the agent an address and the agent fears you will blame them for not getting one? (just a thought).

Which scheme does the agent belong to (see below). You could complain to them (or just contact them & ask them to confirm to their member (the agent).

Since 1st October 2014, the Enterprise and Regulatory Reform Act 2013 S83 requires letting agents in England to sign up to one of 3 schemes:

* The Property Ombudsman
* Ombudsman Services Property
* Property Redress Scheme

emmita

G_M wrote: »

Your solicitor is right.In fact he's doubly right:
* you are entitled to it for litigation purposes AND
* because the tenancy contract was between you (LL) and the tenants. The agent was acting on your behalf so if the Ts gave them a foewarding address, they were actually giving it to you via the agent

Is it possible the T did NOT give the agent an address and the agent fears you will blame them for not getting one? (just a thought).

Which scheme does the agent belong to (see below). You could complain to them (or just contact them & ask them to confirm to their member (the agent).

Thanks a lot, that's just the advice I need then letting agents have let me down throughout all this which is a desperate matter. I will push on and ask them for what reason they won't release the address. I'd never thought they might not have it. Thanks again

Oh they belong to property ombudsman and I plan a very detailed report going in about them.

alchemist.1

Quote S.35 (2) of the Data Protection Act 1998 to him.

emmita

alchemist.1 wrote: »

Quote S.35 (2) of the Data Protection Act 1998 to him.

Right off to Google, thanks in advance

emmita

Letting agents are xxxx! When I first asked they said no data protection. Then I got the advice from the solicitor. Went back to them. They made an excuse had to talk to the manager. Then the next thing they said was they'd spoken to their own solicitor and I had to put in writing why I wanted it and what I was going to use it for. Then nothing but silence..

G_M

alchemist.1 wrote: »

Quote S.35 (2) of the Data Protection Act 1998 to him.

Data Protection Act 1998

S.35

Thrugelmir

emmita wrote: »

Then the next thing they said was they'd spoken to their own solicitor and I had to put in writing why I wanted it and what I was going to use it for. Then nothing but silence..

A reasonable request to make. When was the letter sent?

emmita

Thrugelmir wrote: »

A reasonable request to make. When was the letter sent?

They said email would do and it was sent a couple of days ago, agreed not the longest amount of time but my original request went in 2nd week in July. I was expecting an email reply really today with the details as I'm not sure why they are stalling. I've no idea if they have to contact the tenant to say they are going to give it to me or what. The tenant has my address.