We have a large letting agent in our LA area.
Since the introduction of LHA (and we are no longer paying them), they are very keen on contacting us to find out as much as possible about their tenant’s claims.
We are receiving (what I consider to be) excessive amounts of phone calls from them, and staff are uncomfortable with some of the questions they are being asked, which go beyond what we would normally tell other landlords (including RSLs).
As mentioned earlier, as it is LHA, we are not paying these agents. However, they are getting their tenants to sign authorisation. I have concerns about how much choice the tenants are given in signing this letter. It includes one sentence that says “[i:b70a1c0b99]This authorisation is [u:b70a1c0b99][b:b70a1c0b99]irrevocable[/b:b70a1c0b99][/u:b70a1c0b99] and any attempt to do it[/i:b70a1c0b99] [sic] [i:b70a1c0b99]otherwise, will bring the tenancy to an end immediately without notice being served upon me[/i:b70a1c0b99]”.
Even with my limited knowledge of tenancy law, I know this is rubbish and they can’t end the tenancy without notice for this reason.
I have been looking at the Information Commissioner’s website, and it says a person, if asked to consent [to sharing information], should be given [b:b70a1c0b99]genuine and free choice[/b:b70a1c0b99].
We obviously have to consider Data Protection and confidentiality here.
I also have concerns that, being a public authority, we must consider article 8 of the ECHR, and respect the claimant’s right to a private and family life.
I want to contact this letting agent and try and negoiate some ‘ground rules’ about the levels of information we can give them, and also try and reduce the number of phone calls from them.
I suppose I have two main queries:
1. Has anyone else out there had similar situations to this, and how did you deal with it?
2. If we are not paying a landlord or agent, but we do have consent from the tenant, how much information can we give out?
I would also welcome any other advice on this matter.
Many thanks,
.
