landlord checks – place of residency

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  • #34619

    Hi wonder if any one has information as to what checks we can do on landlords out of our own areas.

    Under data proctection the information we have to put on our system needs to be correct also for any data matching that takes place.

    I still email other council tax authorities giving details of landlords name and address they have given and normally just get an email back confirming residency one way or the other recently i have had the following response “unless you can provide me with the specific legislation that allows you to request the required information or exempts you from the terms of the Data Protection Act 1998, I am unable provide any details relating to the address or person concerned.”

    Do other people still do checks on landlords?
    This used to be quicker and less obtrusive than writing out to landlords to provide evidence.

    The claim has been put in to payment whilst I wait for the information to come back.

    Kevin D

    s.35(2) disapplies the DPA where disclosure of the data…

    “…is necessary—

    (a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

    (b)for the purpose of obtaining legal advice,

    or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.”

    So, if your LA determines (reasonably) the data is “necessary” AND it falls within a, or b or the final para, the DPA is disapplied.

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