Must L's Agent keep old tenancy agreements on file?

[decon1]

Basically I was wondering if there's some sort of guideline, or even a legal requirement, for how long letting agents have to keep old tenancy agreements on file for.

Background info: I need to get hold of a copy of my old tenancy agreement from 2006 quite urgently to sort out some council tax stuff. Unfortunately my own copy got lost somewhere during one of the numerous times I've moved house since then.

My old LL let the house through an agency and had them manage it as well - our rent always went to them, we'd have to notify them of problems and they would send out repairmen etc. we'd never really see him. When I called him he told me that I should contact the agency, because they could get old tenancy agreements from their archives.

However, when I called the agency, they told me that my old agreement may well not be in the archives anymore, simply because it's too old.

I know there's a small fee involved in getting a copy, which I have no problem paying, but too old? I'm having a little trouble understanding that... 2006 isn't that long ago.

Also, they haven't actually looked through their archives yet, I'm just trying to prepare for the eventuality that they come back empty-handed. In any case, would really be grateful if someone knows an answer to this...

[thesaint]

There's no legal requirement for them to keep it.
If there was, what would you do?

[Poppy35]

I would ask the council if a letter from your agency confirming dates you were resident would be sufficient for their purposes.

This is far easier to do than dig out an old contract. I know ours are dead filed in the basement and I would rather write a letter than have to dig an old file out - too many spiders for my liking :eek:

[jrsteeve]

As above, or you may even just get away with the council calling/emailing the agency to confirm dates. As an agency I've never had to present documentation, just confirm move in/move out dates.

[jeffrey]

The general rule of thumb is always to keep a document until at least one year after the latest date at which anyone suing you might rely on it.

[decon1]

Thanks for the advice everyone.

A letter from the agency confirming the situation sounds good, but I'm not sure if the council will accept that, they made a point of saying tenancy agreement...still, will find that out, you never know. Fingers crossed.

[thesaint]

Thanks for the advice everyone.

A letter from the agency confirming the situation sounds good, but I'm not sure if the council will accept that, they made a point of saying tenancy agreement...still, will find that out, you never know. Fingers crossed.

What are you trying to achieve?
If you state this, we may be able to give you some alternative solutions.

[Paul_f]

Under the DPA you should destroy any personal information as soon as is practically possible after the tenancy ends. It is considered good practice to shred tenancy agreements within 24 months after its ending if there are no further issues.

[decon1]

What are you trying to achieve?
If you state this, we may be able to give you some alternative solutions.

Right, it's a long story... I need the agreement to show the council that I'm not liable for outstanding council tax on a property I used to live in.

2006-2007 I was renting one single room in a 6-room house (not a 'joint tenancy', according to what the people from the council said). My monthly rent was inclusive of all bills as well as council tax, according to the letting agent. So we all paid our monthly monies to the agency, who would then supposedly deal with bills, council tax etc on their end.

Then, earlier this year (after having moved away) I received a letter from the council stating that I was liable for the outstanding council tax for the property. I called them up and explained the situation - they told me to send them a copy of my tenancy agreement, as that would clearly show what exactly I was liable for. I told them I would try and get a copy and also provided them with the agency as well as the landlord's phone number if they wanted to follow up things themselves.

Then I spoke to the landlord and the agency (the management of the agency has, by the way, completely changed in the years since I left the house) who told me a copy might be available from the archives, but they could not actually check before September either.

So that's the situation up to now...the outstanding amount is somewhat large, and I'm worried about how I can prove I'm not liable if I can't actually get my old tenancy agreement. The council tax people were quite adamant about needing to see it...so knowing that there was, say, a legal requirement of keeping these documents for a certain period would have been reassuring...

[jeffrey]

Under the DPA you should destroy any personal information as soon as is practically possible after the tenancy ends. It is considered good practice to shred tenancy agreements within 24 months after its ending if there are no further issues.
Really: a full four years before the Limitation Act 1980 period expires? I wouldn't!

[mind the gap]

Really: a full four years before the Limitation Act 1980 period expires? I wouldn't!

I wouldn't either. I have kept all the contact details for tenants and their guarantors (more by luck than good judgement), and last year was called upon to produced them for one set of tenants (from 2006) in connection with a Council Tax issue.

I fail to see how keeping your Ts' contact details after they have left breaches their data protection rights anyway?

[leaseholdanswers]

Under the DPA you should destroy any personal information as soon as is practically possible after the tenancy ends. It is considered good practice to shred tenancy agreements within 24 months after its ending if there are no further issues.

As I understand it the first principle is retention of the data for the purpose to which it relates. Deletion of telephone numbers email addresses and next of kin etc should be applied shortly after, but any document where there may be a liability or obligation should be retained.

[mind the gap]

As I understand it the first principle is retention of the data for the purpose to which it relates. Deletion of telephone numbers email addresses and next of kin etc should be applied shortly after, but any document where there may be a liability or obligation should be retained.

Any document where there is (or might be) a liability or an obligation is useless, practically, with the tenant's contact details!

[Paul_f]

Really: a full four years before the Limitation Act 1980 period expires? I wouldn't!I did qualify this with "if there were no further issues". After 24 months it is unlikely that if any issue had not been raised within this period then it would be unlikely there would still be any.

[mind the gap]

I did qualify this with "if there were no further issues". After 24 months it is unlikely that if any issue had not been raised within this period then it would be unlikely there would still be any.
Better to be safe than sorry!

[jeffrey]

I did qualify this with "if there were no further issues". After 24 months it is unlikely that if any issue had not been raised within this period then it would be unlikely there would still be any.
Would you ever try such a weak argument in Court? No.

[thesaint]

Right, it's a long story... I need the agreement to show the council that I'm not liable for outstanding council tax on a property I used to live in.



Why do they have you connected with the council tax in the 1st place?

A tenancy agreement would be good, but just as effective would be a letter from the landlord saying that as a multiple occupancy house, he is liable for the council tax.
Another way is for you to provide details of when you moved out, by means of a new tenancy agreement, electoral roll, etc.

[Wickerman]

I keep tenancy agreements, application forms etc for 6 years.

I cleanse their details off our database after 2 (leave just name/move in/move out date and payment history).

Remember that 6 years is the latest a civil case can be brought so the councils can and will contact you after up to six years to pursue a debt.

[Esio Trot]

Basically I was wondering if there's some sort of guideline, or even a legal requirement, for how long letting agents have to keep old tenancy agreements on file for.

Background info: I need to get hold of a copy of my old tenancy agreement from 2006 quite urgently to sort out some council tax stuff. Unfortunately my own copy got lost somewhere during one of the numerous times I've moved house since then.

Getting on for a decade ago, I was working in a letting agent that was being hampered due to the space taken by old files, and space being a premium.

The owner decided that any file older than six years would be shredded. Full Stop. Thus the files were sorted and a commercial shredder hired to destroy said paperwork - and it was done pretty efficiently.

Three months later a landlord with numerous properties with the agent came in and asked for the first TA plus signed s20 notice before tenancy began for Miss X at YYY Road - it was needed for a s21 possession claim. When told it had been shredded he went ape.

Turns out he had bought next door, spent out on planning permission giving consent to redevelop the site, and assumed that s21 would not be problem. He had to part with £10K as a sweetener to Miss X to leave voluntarily. Agent also lost management of over a dozen properties the very next day.

Thus IMHO best practice is what we do: Purge files after six years of almost everything except file notes, and legal documents. This releases at least 90% of the space used. Keep remainder until ...... (we haven't got rid of any purged files yet - but we do have the advantage of off-site secure storage at no cost. We call these Archived Files). It can also add to the bottom line. If the file has been archived, and either LL or T want information, it will cost a minimum of £100 to retrieve the file, plus extra for copies.

[jeffrey]

Time limit should be max. period of legal liability (at least twelve years, in relation to deeds) plus a bit to be on safe side. See post #5.

[dominic]

I did qualify this with "if there were no further issues". After 24 months it is unlikely that if any issue had not been raised within this period then it would be unlikely there would still be any.

How do you know there will not been any further issues in the next 4 years?

I that knowledge, if I were one of your tenants, I'd wait till year 3 to sue you for a breach to get an advantage.

Besides, the DPA has exemptions under s.35 relating to the prospect of litiagtion.

[Paul_W]

A number of the Financial Services industry now scan completed documents when they arrive on site and file/store/destroy originals.

What's the legal status of printed 'copies' from these scaned doucements?

I tend to scan most things now but will hold the originals for 7 years before shredding. Keeping a set of CD's is easier than a filing cabinet