UK Landlord Forum / Life

my management company are refusing to give me information regarding a previous tenant which I need to be able to take them to court.  They say they are not allowed under data protection regulations.  I want to make a claim against the guarantor but need their address and also there employment details to see if this would be worthwhile.

14 Station Road
Ludlough
West Essex
BH69 14U

You are welcome.

Sorry?

That's not a problem.

I was trying to be helpful, and give you an address.

I felt this was more useful that just stating that asking a forum for someones address was a little bit pointless.

Although I do know loosing information you have been given at one point, and then the other person not letting you have something which effectively you did have but cant find is very frustrating, but in essence no one else's fault but your own.

Sometimes when someone says "No" it can be a little hard to accept. Often times though I think it's down to how they are asked.

Do you have any details of the tenants?  Full names, DOB's etc?

Boboff you are missing the point.  I have never had the guarantors details as the letting agent did the tenant find and now refuse to hand them to me stating data protection.  My question is "can letting agents withhold such information from landlords as without this I am unable to pursue a claim via the county court?"

Yes Riptide I have the tenants full name and DOB but as they are not employed it would be the guarantor I would pursue via the county court.

Surely you are entitled to see the guarantor agreement that was signed which should have all the information that you need? Alternatively, the letting agent should have referenced the guarantors and you should be able to see those references to ensure they are bona fide and the letting agent simply didn't accept them without any checks. Call me cynical but an agents refusal to pass on basic details like this makes me think that perhaps they didn't have the information in the first place......

Oh I see.

I assumed "your" letting agents were your agents, and that you therefore would have had sight of, and signed the contract with the Tenant.

I am not really sure then of an answer, the devil will be in the detail of the agreement you signed with your management company.

Have you fallen out with them / reported there reply as well?

Hi David apparently you are not allowed access to any of the information due to "Data protection".  As you say I also suspect they haven't done their job properly but it would be nice to know how I stand legally before I go in all guns blazing.

Data protection legislation does not prevent you from seeing the letting agreement or the guarantor agreement which you should have a copy of anyway. Depending upon the reference forms the tenants/guarantors signed then it should be possible to see their references as you must have been entitled to see them before the start of the tenancy in order to decide if they would make suitable tenants. You are simply asking for data which should have been provided to you at the outset of the tenancy and an agents refusal to supply it is highly suspicious.

Sorry meant to include this link.

http://blog.painsmith.co.uk/tag/data-protection/

Hello David Thank you for your helpful response and link