Michasm Posted December 3, 2008 Report Share Posted December 3, 2008 Hello All, My tenant recently left owing two months rent (£1500).i have kept the £950 deposit due to Damaes at the property and am chasing him for the £1500.He has provided me with a works address for contact and i have filed for Court proceedings. I have already approached his employers for a home address for him but they wouldnt give it to me.I also threatened to take the story to the press(he is in a respected profession for a reputable company)but they still woulddnt release it. I have therefore informed his employers of his debt, this could see him in trouble with his employers. I am a little worried now that my actions could be in breach of data protection due to me releasing details of his debt to his employers (they did not provide a reference for him) also could i fall foul of deffamation of character? Finally a friend tells me the Tenant may also claim this is harassment. Where do i stand? Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted December 3, 2008 Report Share Posted December 3, 2008 Hello All, My tenant recently left owing two months rent (£1500).i have kept the £950 deposit due to Damaes at the property and am chasing him for the £1500.He has provided me with a works address for contact and i have filed for Court proceedings. I have already approached his employers for a home address for him but they wouldnt give it to me.I also threatened to take the story to the press(he is in a respected profession for a reputable company)but they still woulddnt release it. I have therefore informed his employers of his debt, this could see him in trouble with his employers. I am a little worried now that my actions could be in breach of data protection due to me releasing details of his debt to his employers (they did not provide a reference for him) also could i fall foul of deffamation of character? Finally a friend tells me the Tenant may also claim this is harassment. Where do i stand? Next time either try using this (re data protection): Look particularly at Schedule 4, which shows where the DPA does NOT apply: Part IV Exemptions 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 ( for the purpose of obtaining legal advice, Or is otherwise necessary for the purposes of establishing, exercising or defending legal rights. I think that kind of protects the data controller from possible problems with the DPA so they should have no trouble at all in providing you with the information you have requested. OR just pass it straight to a professional debt collector ! Where do you stand ? ..honestly dont know ! The Rodent Link to comment Share on other sites More sharing options...
Preston Posted December 3, 2008 Report Share Posted December 3, 2008 Hi I'm no expert in the Data Protection Act, but from my limited knowledge I think you will be ok. From what you have said, the only reason you contacted the employer at this stage was because you were trying to trace the former tenant to recover a debt owed to you. Provided your release of information was confined to these simple facts, I think it was legitimate - which I think is what you are concerned about? If I were you I would now go straight for a money judgement with an attachment of earnings order. When you apply for the latter, the employer is legally obliged to release - to the Court - the defendants details. My advice in these situations is always to play it straightforwardly and legally. Convince all parties that you know what you are doing and, most important of all, that you will follow it through. On the issue of harassment, I gave my views on this issue in the thread on "help needed, nightmare tenants". In a nutshell, I would try to avoid threats of publicity and like, but that aside I wouldnt worry provided you pursue the debt in a measured, lawful and professional way. In the meantime, how about asking if the employer will agree to forward a letter from you to your former tenant? It might help to convince the tenant of your determination to pursue the matter and maybe even persuade him to contact you direct to avoid having his employer as a "go between". Incidentally, technically we landlords are "data controllers" and should register with the Data Protection Registrar. I know of very few landlords who do; in fact, I doubt whether many agents do, (but I would be interested in feedback from agents on that issue). Technically your former tenant could make a complaint along these lines, but its unlikely and I dont think the consequences would be significant - an instruction to comply I would guess. And none of this would interfere with your right to pursue your debt in any case. Anyway, good luck. Preston Link to comment Share on other sites More sharing options...
Michasm Posted December 3, 2008 Author Report Share Posted December 3, 2008 My concern is actually about revealing his debt to his employers rather than requesting the address from them. I also made a comlpaint to Police about damage to thr property which they found no evidence of and filed it as a landlord tenant dispute, do these things together constitute harassment or breach of DPA Link to comment Share on other sites More sharing options...
Preston Posted December 3, 2008 Report Share Posted December 3, 2008 Hi My argument as expressed earlier was that revealing the existence of a debt to explain why you were asking for other information, namely the forwarding address, would be legitimate. I'm not sure how much additional information you gave, but the more you reveal which is not necessary to get across this key point, then the greater the risk you take. On the issue of making a complaint to the police, you have a perfect right to report what you believe to be an offence, provided you are not doing this negligently or vexatiously. Easy for me to say because I dont know all the details at this point, but I wouldnt worry too much about these accusations. Stay measured and professional in your approach and it will be difficult for anyone to criticise. Preston Link to comment Share on other sites More sharing options...
Chestnut Posted December 7, 2008 Report Share Posted December 7, 2008 This is a familiar experience. The advice I had some years ago was to write it off, move on, find a new tenant and get on with the letting business. The tenant's employer may well take out a legal injunction to stop you chasing through them. The employer may have sacked your tenant anyway. You may be awarded a CJJ for the debt but the tenant may not pay. The tenant may have other (bigger) debts. The tenant may declare themselves bankrupt. All this can and has happened. Consider: 1) For two months lost rent is it worth spending more money? You have retained the deposit. 2) And if indeed successful is it worth waiting (and worrying) to hear if the repayments land on the mat each week - or whatever? OK. Good luck, try a DC .......or just move on and save further expense. Link to comment Share on other sites More sharing options...
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