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Can the letting agent withhold the tenants contact!

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Comments

  • davidmcn wrote: »
    On what basis? If you give your number to the LL's agent you can hardly be surprised that the LL knows it.

    Never thought about it like that, just assumed the privacy went both ways, if a tenant doesn't have the number of the LL, then the LL shouldn't have the number of the tenant, communication should be via the agent both ways. But I forget we are not treated equally are we? this is where it is all wrong.... we are paying them and the agent handsomely, we should be treated with equal respect.
    Blackpool_Saver is female, and does not live in Blackpool

  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Blackpool Saver, I think you have a misconception of the fundamental relationships between LL, A and T.

    The contractual relationship is between LL and T, and separately LL and A. The agent just acts as a representative of the LL, so any information given to the A is as if it is given to the LL (from the tenant’s perspective anyway).

    You have just as much right to withhold contact details as a LL does. But not after you have given them to the landlord’s own representatives!
  • Blackpool Saver, I think you have a misconception of the fundamental relationships between LL, A and T.

    The contractual relationship is between LL and T, and separately LL and A. The agent just acts as a representative of the LL, so any information given to the A is as if it is given to the LL (from the tenant’s perspective anyway).

    You have just as much right to withhold contact details as a LL does. But not after you have given them to the landlord’s own representatives!

    I understand all that perfectly, the problem is the tenant does not have the right to withhold their details from the agent and therefore the LL, as they have to disclose everything when applying. So it is very one sided. There is supposed to be a rule now where the LL's address is supplied, but often it just says the agent's address on the contract. No, it is not equal. Yes, I understand what you say.
    Blackpool_Saver is female, and does not live in Blackpool

  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You have every right not to disclose information (yes I know it doesn’t help finding a home).

    What you don’t have the right to do is demand that the agent - who is only involved as they are employed by the landlord - keeps secrets from the landlord on your behalf. It sounds less unfair when you frame the relationships correctly.

    But yes, in practice, there are often differences in information disclosure. But it’s not a balanced relationship with the agent as some kind of measuring scale. It’s a contractual relationship within a statutory framework, and such things frequently require different disclosures from different parties.

    Not all things need to be balanced to be fair. Remember, the whole world can find out who your LL is with a pound at the land registry!

    To be honest, I don’t have a strong opinion on whether tenants should have a right to phone contact with a LL. The only reason I’m pushing back is that if you conflate balance with fairness in commercial relationships it’s a recipe for a lot of angst!
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    There is supposed to be a rule now where the LL's address is supplied, but often it just says the agent's address on the contract. No, it is not equal. Yes, I understand what you say.
    If you request the LL's actual address from the agent in writing and they fail to provide it then you don't have to pay rent.
  • anselld
    anselld Posts: 8,760 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Slithery wrote: »
    If you request the LL's actual address from the agent in writing and they fail to provide it then you don't have to pay rent.

    That is for the Section 48 address, aka the address for serving notices, which can legitimately be care of the Agent.

    The right to know the Landlord's actual address is under Section 1 of the L&T Act "A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale." There is no mention of non-payment of rent.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    Yep, sorry. I got the 2 confused.
  • So the ACTUAL address should be provided?
    Blackpool_Saver is female, and does not live in Blackpool

  • anselld
    anselld Posts: 8,760 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    So the ACTUAL address should be provided?

    Yes, so long as request made by T in writing.
    https://www.legislation.gov.uk/ukpga/1985/70
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