AST- rent arrears; what Notices can I serve on T?

[Robotears]

I am a new landlord. Four months ago we let a house to tenants who, according to the lettings agency, had “the best references we have ever seen”. The let was under a standard six-month agreement. One month and a half of rent is held by the agency as a deposit. The agency would not release the references to me, quoting the Data Protection Act. Since then I have received five abusive phone calls (to me and my wife) from the tenants, and had the property damaged. Now the tenants have closed down the direct debit and are refusing to pay the rent.

Am I correct that:
a) I can evict at the end of the 6-month period.
b) To evict I must issue a “Section 21” notice.
c) I can take the tenants to the Small Claims Court for the outstanding rent and damage, not covered by the deposit.

Finally, as the agency “took references” are they in any way liable for the correctness of the references?

[Nora Kay]

Robotears,
a) you can issue the notice requiring possession immediately.
b) As the tenancy is still within the fixed term, be sure to issue form number Section 21(1)(b), giving 2 clear months notice, which, from the details you have given, will take you just beyond the end of the fixed term.
c) you can take them to the small claims court as long as you know where they have gone! It may be better to cover what losses you can from the deposit and move on. It may be a different matter if the tenants won't vacate.

I think I have read from previous postings that you are entitled to see the references collected by the agent since you are paying him to act on your behalf. They may make interesting reading!

[curmudgeon]

As I recall, there is a section of the data protection act that stipulates that the protection granted by the act does not apply to data which is either the subject of, or may be used in litigation. (my paraphrasing, and memory!). If this is the case, and I'm sure that others on the site are far more knowledgable than I, you should be able to get the references disclosed to you.

However, before you do try this I suggest that you write to the agents along the lines of requesting their confirmation that the references were entirely satisfactory, and that they will not send them to you as they are prevented from doing so by the data protection act. If you then get this confirmation, and then force them to show you the refernces, you may have an action against them in negligence if the references are less than satisfactory. They may of course be unable to show you any references because they've 'lost' them, and subsequent enquiry to those providing the references may reveal that they have no record of providing any references. You then have another target, with deeper pockets, to sue.

Do let us know how you get on.

[davidjohnbutton]

Section 35 Data Protection Act 1998 is the bit you want.

[Paul_f]

You are indeed allowed to see the references and the agent is wrong hiding behind the DPA, and if they don't show them to you it tells me they're hiding something from you.

I suspect the letting agents have used one of the well known reference agencies and they all verify that the information can be passed on to the landlord for which applicant tenants sign giving permission for them to do so. Remember your agent is acting on your behalf so you're just as entitled if not more so to see the references, but nobody else should have sight of them including the tenants.

Your agent is talking bull!

If they are NAEA/ARLA/RICS agents threaten to complain. :(

[Robotears]

Thanks for all the help. It has been REALLY useful. I will take the advice and let you know how I get on.

[Samsuka]

Hi Robotears,

You didn't mention what the abuse was for. They must have a reason for phoning you up and abusing you and then stopping the rent. Are you sure its not for a very good reason (in their eyes) because often i have heard of cases such as this because the landlord does not fulfill their duties, something we frequently forget as landlords. If you are in breach of your own obligations according to your contract then they stand a better chance against you and will make life a lot tougher.

I hate to say it but it sounds like they have a key grievance that needs to be sorted out, otherwise you may find the same problem with the next tenants.

Thanks

Sam

[Jennifer_M]

To add to Samsuka's comment, if your agent is that bad it could be that the tenants have complained to them about something and the agent never told you and never got it sorted.

[Robotears]

The first and second calls were due to the husband having set the auto-timer on the cooker. He was abusive because the auto-timer came on, then off (instructions for cooker provided). The cooker was checked (at my expense) and found to be in perfect working order, and obeying its program.

The second and third calls were because the agency chased him for unpaid rent. The fourth, because the agency had objected (to him) about one of their office staff being threatened (physically), by the husband and wife (separately). The fifth call was (again) because of unpaid rent (agency chase again).

These tenants appear to have quite a “problem”, but I am not convinced that I am part of it. Hence my desire to be rid of them.

[MrWoof]

If you can serve a section 21 then do so, otherwise, for non payment of rent you need grounds 8, 10 and 11. No need to wait for the end of the initial term. Use the info in replies so far to threaten the letting agency so you see the references (its quite possible they may be good ones) but then point out to the tenant that their complaints about the cooker are self inflicted, their complaints about the agency unjustified and that you will take legal action to recover their debt. They will incur CCJs etc. Most importantly, remember that a threat is a promise of action, don't make any threats to the agency or tenant unless you are prepared to carry them out.