billdog54 Posted February 28, 2012 Report Share Posted February 28, 2012 Hi can you please help, Can a letting agent withhold the tenants forwarding address? Link to comment Share on other sites More sharing options...
Richlist Posted February 28, 2012 Report Share Posted February 28, 2012 Yes I believe an agent can but, why they would want to is a mattter of interest. * Do you owe the agent money ? * Have you broken their terms & conditions ? * Have you done something to upset them ? Link to comment Share on other sites More sharing options...
billdog54 Posted February 28, 2012 Author Report Share Posted February 28, 2012 Yes I believe an agent can but, why they would want to is a mattter of interest. * Do you owe the agent money ? * Have you broken their terms & conditions ? * Have you done something to upset them ? Hi thanks for the reply. No,everything is fine with the agent, but we have a large damage bill due to the tenants. The deposit only covers half so we want to take court action to cover the balance. The agent is trying to hide behind the Data Protection Act.. Link to comment Share on other sites More sharing options...
Richlist Posted February 28, 2012 Report Share Posted February 28, 2012 OK. so, I guess you'll be changing agents then ? Is the deposit protected in one of the official schemes ? If it is you can either use the schemes adjudicattion process or the small claims court. If it isn't you use the small claims court. You could use a tenant finder......I can send you a link if you need it. Link to comment Share on other sites More sharing options...
Grampa Posted February 29, 2012 Report Share Posted February 29, 2012 I suspect the agent doesnt have a forwarding address. Link to comment Share on other sites More sharing options...
billdog54 Posted February 29, 2012 Author Report Share Posted February 29, 2012 Hi, yes the deposit is protected and has been passed to the Dispute service, We recieved all the paperwork,the tenants address was blanked out. Having contacted the agent ,the tenant has asked him to withhold his forwarding address!! I thought the agent was being obstuctive for some reason, so I will be sending him all the unpaid bills and put his address on any small claims action.. Link to comment Share on other sites More sharing options...
Richlist Posted February 29, 2012 Report Share Posted February 29, 2012 This sort of action by your agents really annoys me. The agents work for you, not the tenants. You are the one who they invoice and you are the one who pays their bill so, perhaps reminding them of this might help. I believe its acceptable for you to send documents to the tenants last known address......your rental property.......but you'd need to get that confirmed by a solicitor. Its important to get it right if you want any chance of recovering your losses through the small claims court. Link to comment Share on other sites More sharing options...
billdog54 Posted February 29, 2012 Author Report Share Posted February 29, 2012 Thanks for the comments, we'll look into it, As you say ,He seems to be working for the tenant, another phone call is required we think. Link to comment Share on other sites More sharing options...
Chestnut Posted February 29, 2012 Report Share Posted February 29, 2012 I suspect the tenant doesn't wish to disclose a valid forwarding address even to agent. The one blanked out might have been false anyway. RL: If the tenant's gone I don't follow your point of sending mail to the vacated property (last known address). Is this a legal requirement? I would send to agent. Link to comment Share on other sites More sharing options...
Grampa Posted February 29, 2012 Report Share Posted February 29, 2012 ISection 35 - DATA PROTECTION ACT - 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. So if you are going to take them to court the data protection act doesnt apply. Quote the above to them. Link to comment Share on other sites More sharing options...
Richlist Posted February 29, 2012 Report Share Posted February 29, 2012 RL: If the tenant's gone I don't follow your point of sending mail to the vacated property (last known address). Is this a legal requirement? I would send to agent. The tenant has moved on but of course may have set up an automatic mail redirect. I seem to remember it being OK to try to contact the tenants for legal claims purposes, using their last 'known' address.......perhaps someone can confirm....it makes perfect sense to me. Alternatively,, there are firms who will locate anyone for you wihin 7 days for a hundred squid. It also seems to me that the OP has as much chance of reaching the tenants using this method as they do by sending everything to the lettings agent. Link to comment Share on other sites More sharing options...
Chestnut Posted February 29, 2012 Report Share Posted February 29, 2012 RL: OK, I overlooked that possibility. OP could ask agent if auto redirection has been set up, without disclosure of details. Link to comment Share on other sites More sharing options...
Irina Posted March 1, 2012 Report Share Posted March 1, 2012 Richlist, we tried to locate our ex-tenant, and the company couldn't find him. It often happens when he's not on electoral register, not on council tax or other bills, which often happens with rogue tenants. They never register anywhere, and their next landlord not always registers them with CC. We have work address for our exT but don't have his forwarding address and can't do anything without T challenging it. How crazy is that? Link to comment Share on other sites More sharing options...
Richlist Posted March 1, 2012 Report Share Posted March 1, 2012 Even the best ideas are not 100% perfect .....there will always be an exception somewhere. Perhaps you're that exception but, on the basis of you being a sample of one I'd still recon there's a more than excellent chance of finding a missing tenant. These guys seem to know what they are doing: http://www.landlordaction.co.uk/site.php/tenant/rentrecovery Link to comment Share on other sites More sharing options...
billdog54 Posted March 1, 2012 Author Report Share Posted March 1, 2012 Thak you all very much, very useful information and comments,. Now we have a lot to go with. We are not alone!. Link to comment Share on other sites More sharing options...
billdog54 Posted March 1, 2012 Author Report Share Posted March 1, 2012 Thanks, Granpa, Have forwarded your comments to the agent, we await his reply Link to comment Share on other sites More sharing options...
billdog54 Posted March 2, 2012 Author Report Share Posted March 2, 2012 SUCCESS Agent sent forwarding details today...............Thanks Granpa , Richlist and everybody for the help:rolleyes: Link to comment Share on other sites More sharing options...
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