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View Full Version : Must letting agent disclose defaulting landlord's details?



mystery one
25-05-2006, 10:55 AM
Our tenants have had to vacate their rental property due to it being repossessed. They intend to sue the landlord. The tenants are requesting the landlords contact details, if we recieve a solicitors letter head requesting the info is their any reason we can't provide it. There is a conflict of interest as we were acting for the landlord (as agent) but he has proved to be the problem. Any help appreciated

MrShed
25-05-2006, 12:01 PM
Legally, if there were still tenants, you would have to provide the landlords details on request. Now that they are not technically tenants, I am unsure. Your only problem could be the data protection act. However, I believe there is a clause in the DPA that allows the release of data when required for legal purposes. However, as I understand it, this clause only ALLOWS you to release the data, it does not compel you to do so. However, DPA is somewhat outside of what I know, so I would await further clarification.

davidjohnbutton
25-05-2006, 12:48 PM
Section 35 of the Data Protection Act 1998 allows you to release the info for proposed or actual legal proceedings - it does not compel you - but then the claimant might well serve the summons on you as agent as he is entitled to.