Agent won't share landlord details due to GDPR

Jemma01

Hi

I've had a property issue for nearly 8 weeks now, and I asked for the landlord's details because his properly is getting worse by the day.
The agent is refusing to share the details claiming GDPR. Now I understand that GDPR requires a purpose to release information and I'm under the impression that a tenant is entitled to the name and address of the landlord so that they can take them to court if anything happens (the landlord is great, I have no issue or intention to take him to court, but I want to complain to him about his awful agent and to show him pictures of the property).

I know his name from the contract, but the address was not given (the agent's address is).

Does anyone have any experience with that? 

Thanks

canaldumidi

Criminal offence.

Quote the Landlord & Tenant Act 1985 S1.

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)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.

user1977

I think all the "details" you're entitled to are their name and a service address - which you've got.

canaldumidi

user1977 said:

I think all the "details" you're entitled to are their name and a service address - which you've got.

Not so. See link and quote above.

Sometimes people confuse this with the Landlord and Tenant Act 1987 S48 which is a totally different piece of leglislation.

eddddy

It seems a bit unlikely that the agent isn't passing your comments to the landlord - what motivation could the agent have for that?

What does the agent say, when you ask if they've passed your comments to the landlord, and what the landlord's response was?


You say the landlord is great - but could it be that the landlord is 'playing you'... Being nice to your face, but then hiding behind the agent when you complain, and telling the agent to fob you off.

user1977

canaldumidi said:

user1977 said:

I think all the "details" you're entitled to are their name and a service address - which you've got.

Not so. See link and quote above.

Sometimes people confuse this with the Landlord and Tenant Act 1987 S48 which is a totally different piece of leglislation.

Aha.

And for those, like me, who wondered what counts as an "address" for these purposes, that's defined as:

"“address” means a person’s place of abode or place of business or, in the case of a company, its registered office;"

(would it be stretching it to claim that the landlord's place of business might be the address of the agent through which all of their affairs are conducted? Dunno.)

Jemma01

canaldumidi said:

Criminal offence.

Quote the Landlord & Tenant Act 1985 S1.

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)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.

Thanks a lot for that, where does GDPR sit in all of this? I understand my request is lawful, I'm just frustrated that they want to use GDPR as the means to block a lawful request

theartfullodger

Who is named as landlord on your tenancy agreement please, the owner of the property you live in or the agency?

To find out name & address of property owner spend £3 online with land registry & get them within 5 minutes.

But to be Landlord you don't have to own property.

Have you written to agency and named landlord using Shelter's draft letter reporting these various defects please? If not do so today.

No rent is due if there is no address given for named landlord (England & Wales) !!!!

user1977

Jemma01 said:

canaldumidi said:

Criminal offence.

Quote the Landlord & Tenant Act 1985 S1.

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)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.

Thanks a lot for that, where does GDPR sit in all of this? I understand my request is lawful, I'm just frustrated that they want to use GDPR as the means to block a lawful request

GDPR isn't relevant. You have a statutory right to the information.

london21

The tenancy agreement usually contains the landlord's details such as contact number and address. 

Jemma01

eddddy said:

It seems a bit unlikely that the agent isn't passing your comments to the landlord - what motivation could the agent have for that?

What does the agent say, when you ask if they've passed your comments to the landlord, and what the landlord's response was?


You say the landlord is great - but could it be that the landlord is 'playing you'... Being nice to your face, but then hiding behind the agent when you complain, and telling the agent to fob you off.

It isn't that they aren't passing it, they are just taking too long and ignoring emails, "ok the contractor is coming" and where is the contractor? "oh sorry, we'll ask him to call"... then they come and say "oh I'm not the right one for this job" !! The property is old, it can't tolerate delays, and the issue has now migrated to another ceiling in another room. Moulds spread like crazy, window frames have cracked... 

The landlord wouldn't risk his property, especially when he's paying the agent to service it.
I haven't had a lot of issues in the property and didn't really need to contact him that often. I only contacted him twice (via the agent) and in both times he responded well.
I've been paying consistently for the past 4 yrs not once did i miss a payment even during lockdown with all the financial difficulty I've endured. I see no reason for him to ignore his property and lose a paying tenant