Sarahleach Posted September 17, 2018 Report Share Posted September 17, 2018 Hi everyone, I’m new to this forum and a first time landlord of just 3 months. I have used a letting agent to secure a tenant but after just 3 months the tenant vacated the property leaving without paying rent and damaging the property significantly. The letting agent (fully managed) have been no help at all in aiding me to recoup rent and money for the damage. I have asked them about the deposit and guarantor details to be told that the tenant used a council bond scheme for the deposit ie. no money has changed hands and that a guarantor was not obtained as the tenant passed the affordability check despite being on housing benefit, working part time and needing the assistance of the council for the bond. All of which I was never told of. I advised the agent that I would have to follow the small claims route but need all the information they had such as the inventory, copy of the tenancy agreement and the tenants contact details. The agent responded by telling me that they can’t give me contact details re the data protection law and the new GDPR legislation. They have emailed me a copy of the tenancy agreement that is not dated and does not specify a term (such as 6 months) and they have sent photographs of the property after I have cleaned it up, repaired and redecorated. Can anyone please advise if the letting agency are correct or can they lawfully send me details re contact due to the tenant not performing his part of the contact. Without details I cannot persue small claims and as the agent was working for me and it’s my property, I feel totally let down and disappointed in the whole process wondering exactly what I’ve paid the agency for. Many advice will be much appreciated. Thanks Link to comment Share on other sites More sharing options...
Grampa Posted September 17, 2018 Report Share Posted September 17, 2018 The agency should have informed you of the working status of tenant because they would know some landlords insurance and mortgage T&C's dont allow HB tenants. Unless the law has changed the data protection regulation do not apply if the issues are subject to pending court proceedings. Also they have acted as your agent as if they were you in the eyes of the law. If they still refuse ask they to provide the relevant clauses from the Data protection legislation. There is absolutely no reason they cannot provide you with the original signed tenancy agreement after all you have paid for it and if you were a "tenant find" only client you would have been given it any way A council bond can be claimed upon in the same manner as a cash deposit (only some allow for rent arrears as well as damage it depends on the council). You would just provide your quotes, invoices, evidence and photos etc and present them to the council along with the detailed SIGNED inventory. It appears your agency may not be as good as they should be. Link to comment Share on other sites More sharing options...
Sarahleach Posted September 17, 2018 Author Report Share Posted September 17, 2018 Thank you so much for this reply. I will contact them again and ask for the relevant clauses within data protection. Link to comment Share on other sites More sharing options...
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