Tenancy Issues………

20 10 2011

Hello from a much cooler Stoke-on-Trent 😦

Here are a few more Q&A’s that our legal team have dealt with recently with regards some tenancy issues.

Question

A Prospective tenant is querying this clause. “The Tenant agrees that the Landlord’s Agent may provide the Tenant’s name, address and other contact details to third parties including, but not limited to, the Landlord, contractors, referencing companies, utility providers, the local authority and the appropriate tenancy deposit protection scheme provider.” No-one has ever queried it before – how does this square with data protection and can we add the words “as reasonably required in conjunction with letting of the property”

Answer

The wording is designed to protect against breach of the Data Protection Act, as the tenant is agreeing, in effect, that information may be shared with anyone who has an interest in the tenancy. Reassure the tenant that this merely for interested parties to share the information, with regard to the tenant’s responsibilities and obligations in respect of the tenancy and you would not be sharing their information with anyone outside the group of interested parties, nor sell on their details. You can add the words you suggest if necessary but in essence this is only what you would be doing anyway. 

Question

Tenant wishes to end a fixed term tenancy which has only just started – she hasn’t physically moved in yet. The tenancy started on the 1st of a month, whereby she paid the first month’s rent and has been on holiday since. She paid a further month’s rent on the 1st of the following month. The Landlord had agreed to fit security locks, but he has not done so as he has not been able to contact the tenant for access because she has been away. The tenant now says she does not want to move in as the Landlord did not do the promised work.

Answer

The tenant has a binding contract. The Landlord was right not to access the property without first getting permission. Suggestion is to advise her to make access arrangements so the Landlord can fulfil his promise. There is no justification for surrendering the tenancy for the reason stated.

Question

A letter has been received from a tenant about noisy neighbours and the facility to terminate the tenancy early

Answer

It is advised that the tenant has a fixed term and is obliged to honour that contract unless the Landlord accepts surrender.

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10 12 2011
Private Landlords Tyrone | Landlord Portfolio

[…] homes for the homelessGovernment places private rented sector at ‘top of agenda’Tenancy Issues……… /* […]

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