New Clause To My Tenancy Agreements

[citydockland]

I am looking at adding the following clause to my AST;

Under the Data Protection Act we, the Tenant irrevocably authorises the Local Authority, Benefit Office, Post Office and the relevant utility companies (including electricity , gas , water , and telephone ) to discuss and disclose to the Landlord or Agent all financial and other information relating to the Property or any associated housing benefit claim. This authority shall extend to disclosure of the Tenant's whereabouts if the Tenant has left the Property with rent or other monies owing.

Just in case any tenants decide to leave without forwarding addresses to help me track them down.

I have been told this works but wanted to run it past you guys before using it.

Any thoughts :confused:

[jeffrey]

Potential problems:
1. "We the tenant...authorises"? Make your mind up: is T singular or plural?
2. "the Local Authority, Benefit Office, Post Office and the relevant utility companies (including electricity , gas , water , and telephone)" are not parties to the Agreement. Unless it is explicit that the Contracts (Rights of Third Parties) Act 1999 applies, I'm not sure that these could enforce the supposed authority.

Solution:
Re-word it to something like this (with my insertions underlined and with dots showing omissions):

...For the purposes of the Data Protection Act...the Tenant irrevocably authorises the Landlord to obtain (from the Local Authority, Benefit Office, Post Office and the relevant utility companies (including electricity , gas , water , and telephone )...all financial and other information relating to the Property or any associated housing benefit claim and to disclose...the Tenant's whereabouts if the Tenant has left the Property with rent or other monies owing.

[islandgirl]

Write what you like, the council will not tell you where they go if they are rehoused! Everyone just hides behind the DPA I'm afraid. Put it in if you wish (the tenants may not know this) but dont expect it to help if you are after information!

[johnboy]

It should at least work for getting the council to discuss the claim with the landlord or agent.

Normally a tenant on benefits signs the application form (for housing benefit LHA) to allow the claim to be discussed with a 3rd party or if they sign a letter to allow it.

[Paul_f]

I think that you might find this is a potentially unfair term under the UTCCRs. Also are you proposing to add it to an existing AST that is in force?

[mind the gap]

Normally a tenant on benefits signs the application form (for housing benefit LHA) to allow the claim to be discussed with a 3rd party or if they sign a letter to allow it.

Yes, but this is not quite the same thing as the council agreeing to discuss a former tenant or his debts or his new address with a LL after the tenancy has ended (and the tenant no longer is one, if you take my meaning).

It is different from the T agreeing that the LL may disclose his (T's) forwarding address to utility companies, etc.

[johnboy]

But i do see it helpfull to landlords or agents to get info on a LHA claim for a current tenant because if they dont tick the box on the application form or are prepared to sign a letter giving permission you wont get it, but this may be acceptable to the council.

Remember normally the only time you would want info on a claim is if you are having payment problems with the tenant.

Regarding getting info after a tenant has vacated or from utilities i wouldnt hold my breath but i do have a good relationship with some of the benefit staff at my local council and i think some would pass info over if i asked, and the tenant had signed the clause.

[natt48]

I've placed a similar clause in my tenancy agreement, it is yet to be tested.



Remember normally the only time you would want info on a claim is if you are having payment problems with the tenant.


I manage my own properties and have someone call and get updates on the claim of every tenant (currently 7) regardless of the status on a weekly basis, even though rents are being paid monthly. Reason for this is that peoples circumstance only need to change slightly and the Housing Allowance is stopped without and notice.

Another approach is maybe to have the tenants sign a LOA with a blank company name and address at the start of the tenancy and notifying the tenant that it will be duplicated as required. Not sure what everyone's thoughts are on that?