Letting Agent withholding my tenants contact numbers | Discuss

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Letting Agent withholding my tenants contact numbers
26/03/2013
8:13 pm
BadLettingAgentReporter
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Can anyone tell me if my letting agent can withhold giving me my tenants phone numbers?

27/03/2013
12:41 am
PaulBarrett
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Err NO.

Time to get rid of this particular LA.

He is your agent to instruct or disinstruct in accordance with whatever contract you have.

The arrogance of some of these LA is truly breathtaking.

You are legally obliged to be responsible for ALL aspects of a tenancy.

The fact you choose to use an unregulated entity to manage your tenancy; namely a LA is your choice.

Whatever the LA does is ultimately YOUR responsibility.

Of course you should have an ability to contact the tenant and vice-versa.

The mere fact that a LA is attempting to withhold any information about the tenancy is grounds for immediate cancellation of the contract.

It is YOUR tenancy; NOT the LA’s!!!

If this LA belongs to a industry trade body advise that you will be contacting them to request cancellation of their membership.

Contact the local Trading Standards to take action against the LA and hopefully put him out of business.

When will these idiot LA learn that anything to do with the tenancy belongs entirely to the LL.

He is after all paying a fee to the LA to conduct business on his part.

These same idiot LA seem to think that referencing details belong to them and refuse to hand the details over to a LL.

Well if a LA did that to me I just wouldn’t do business with them!!

It is about time these idiots were regulated to stop their little games.

They do a disservice to all the good LA out there!

 

27/03/2013
7:49 am
LyndonBaker
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I have little to add to PaulB’s comments.

I am curious as to WHY they are refusing to give the number to you?

27/03/2013
6:39 pm
PaulBarrett
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LyndonBaker said
I have little to add to PaulB’s comments.

I am curious as to WHY they are refusing to give the number to you?

I reckon Lyndon the tenant has complained to the LA about something and they haven’t dealt with issues.

Plus the LL might want to self manage and wishes to discuss with the tenant.

27/03/2013
6:41 pm
Andrew
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Are they claiming something stupid like the data protection act, I’ve had that nonsense before. I used an agent to do the whole management thing when I first started out as a landlord while I got on top of what the job required. Experience has told me that ‘some’ agents do not want landlords to speak to tenants direct as they may find out how poor the service is being provided for the money, and how much the agent is also fleecing the tenant.

I have been told by an agent before, in quite a strong manner that I should not speak direct to my tenants, in my property. I do not think they wanted to speak directly to me again after they heard my response.

Andrew Taylor, Owner Brighter Living Property, Northampton

27/03/2013
6:45 pm
BadLettingAgentReporter
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LyndonBaker said
I have little to add to PaulB’s comments.

I am curious as to WHY they are refusing to give the number to you?

The LA have said that the tenants do not want me to have their numbers and that I should talk to the tenants through the LA only.

27/03/2013
6:57 pm
BadLettingAgentReporter
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PaulBarrett said

LyndonBaker said
I have little to add to PaulB’s comments.

I am curious as to WHY they are refusing to give the number to you?

I reckon Lyndon the tenant has complained to the LA about something and they haven’t dealt with issues.

Plus the LL might want to self manage and wishes to discuss with the tenant.

Yes its true the tenants have complained to the LA and the LA said they could not get in-touch with me even though they have my email and two tel numbers, so they sent me a letter in post 2 weeks after tenant complained. I want to self manage now but they won’t let me speak with tenants, its total madness I have never experienced before. :-(

 

27/03/2013
7:02 pm
Paul Routledge
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BadLettingAgentReporter said

LyndonBaker said
I have little to add to PaulB’s comments.

I am curious as to WHY they are refusing to give the number to you?

The LA have said that the tenants do not want me to have their numbers and that I should talk to the tenants through the LA only.

It does not matter what the tenant wants to deal with, the landlord is legally and ultimately responsible for all matter concerning the property and is entitled to the tenants details. If the LA does not disclose them get rid of them and if the tenant only wants to deal with the LA and won’t give you their details get rid of them as well.

Believe me if the tenant got gassed by a boiler that had not been serviced properly and wanted compensation the LA would throw your details at them and the case against you would be served by the tenant faster than a rat up a drain pipe..

#Landlords must not think that because they use a LA they are buffered from the law and as you are responsible you need to know who and what you are responsible for.

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27/03/2013
7:03 pm
ellencara
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I felt the need to interject here having been on both sides of the coin… I was a letting agent for a number of years and have worked for both the “cowboys” of the industry as well as proudly working for LA’s that do a damn good job never mind living in rented accommodation myself.

 

If a tenancy is managed, don’t confuse the poor tenants on who to call when they need a lightbulb changing!!!

 

If I were handling a fully managed tenancy as the LA then i would not hand over the direct contact details to either party. To give the tenants the LL’s details would run the risk of the LL being contacted directly when maintenance/trivial problems arise when that is what the LL is paying us to deal with directly and on their behalf.

 

To hand over the tenants contact details directly to the LL could pose the risk of the tenants being hassled if rent is over due etc when, again, the LL is employing the agent to do the job for him.

 

I agree that if all parties in the equation are behaving and acting as they should then no issues should ever arise, but why run the risk when  rogue tenants, rogue landlords and rogue lettings agents seem rather common these days ? If a LL chooses to do a private rental or even a lesser service then they are in immediate possession of all contact details… plus i’m pretty sure no matter what the level of service, the LL knows where the tenants live !

27/03/2013
7:17 pm
Paul Routledge
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Ellencara,

It is not a case of personal choice of what you feel is right or suits your LA mandate when it comes to changing a light bulb, it is about landlords knowing their lawful liability and any landlord who does not know their tenants leaves themselves at the mercy of a third party to do what is right and that usually turns out wrong.

A letting Agent has no lawful responsibility over a property and if they fail to do the proper certificates and checks the landlord gets prosecuted. Landlords are becoming more accountable and cannot sit behind a LA hoping all is well. The days of hands off property investment into the letting market is becoming a thing of the past and the attitude of LA’s that think it is are looking into the abyss of collapse.

………………………………………………………………………………….

Landlords & Letting Agents “Not joined landlordreferencing.co.uk yet? don’t be left alone when bad tenants are looking for a free home” JOIN US NOW and become part of the UK’s biggest network site for landlords and letting agents. It’s free, it’s legal and only takes 2 minutes to join..

27/03/2013
7:49 pm
BadLettingAgentReporter
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Can anyone tell me if their is a website where I can name and shame these bad letting agents and remain anonymous, I have had experience of three really bad ones, and I am just one person, I think there must be loads of bad letting agents out there in the UK, we must do more to get the them registered somehow before they can do any business. I did call trading standards and they told me its a Civil matter and told me to take them to court.

27/03/2013
8:05 pm
Mary Latham
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Why not write to the tenants and explain that you are the landlords and would like to come and see them or call them?

 

A Letting Agent has 28 days in which to give a tenant the landlords address in England or Wales where a legal Notice can be served if the request is made in writing – this includes email – they cannot withhold it in law.

 

A Letting Agent works for a landlord and therefore has no legal right to withhold a tenants details from that landlord, I can well imagine why some landlords might give them cause for concern because they may interfer with the management of the property but that is something that the Agent, like any Agent in any business, must live with.  If there is a good contract between landlord and agent the agent need not fear that the landlord will simply takeover the management because there will be a clause to cover that.

 

As Paul R said the buck stops with the landlord whatever happens and an agent cannot exclude us

 

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27/03/2013
10:08 pm
LyndonBaker
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Thanks, Mary, this was why I asked the question. I have known tenants who would only take on a property IF it was managed because they had a bad experience with a landlord before. In that instance as managing agents we would not volunteer the information but would explain to the tenants that if asked, we would have to pass the details on. An option would be to give the landlord’s contact number and ask the tenants to call the landlord and vice versa if the landlord did not want their details disclosed.That way they could call without revealing their numbers.

Ellencara is, I regret to say, 100% wrong, The tenants are entitled by law, as PaulR states, to the landlord contact information and, if that changes, then a Section 48 notice must be issued giving the new contact details.

BadLettingAgentReporter – you need to check the contract you have with your agent and give them formal notice that, in line with the contract between you, notice is given that from (date) you intend to manage the property yourself. Then write to the tenants stating that from (date) you will be managing the property yourself, that rent must be paid to (account) on or before (due date) and that if any repairs etc are required they can contact you as follows.

28/03/2013
7:53 am
Paul Routledge
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There are untold cases where bad/rogue letting agents are happy to take sub-standard tenants and withhold the information on them from landlords.. I always work on the principle that a letting agent that will not give you a tenants details has something to hide or a manipulative agenda..

Landlords must know their tenants and should always carry out their own credit and lifestyle reference with us to make sure the tenant and the agent are being honerst.

Our Experian service will be launched next week and you can check the whole lot for a fiver..

………………………………………………………………………………….

Landlords & Letting Agents “Not joined landlordreferencing.co.uk yet? don’t be left alone when bad tenants are looking for a free home” JOIN US NOW and become part of the UK’s biggest network site for landlords and letting agents. It’s free, it’s legal and only takes 2 minutes to join..

28/03/2013
8:50 am
ellencara
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Paul/LyndonBaker, I must admit I am a “newby” into the industry (and have since moved over into sales!) but i must thank you for proving me wrong!Embarassed

I all honesty I have never even had a case where i had been asked to share contact details when not relevant, but that was what my instinct would tell me was right. I would always arrange a meeting with the tt’s and LL to meet in the office however, before a managed tenancy were to begin.

Over and out :)

28/03/2013
10:24 am
Mary Latham
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Great news Paul, well done.  How could any landlord take the risk for the sake of £5. I love LandlordReferencing.co.uk The landlords friend

 

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02/06/2018
5:42 pm
David Price
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I never thought that I would find myself in a position of conflict with a letting agent as I do not normally employ agents for any purpose for I have my own letting company.  Early in May 2018 I purchased five properties from an absent landlord.  All were tenanted and managed by a letting agent who wanted six months compensation in lieu of notice.  To avoid this compensation I agreed to continue with their services on the same basis as the previous owner until such time as the tenants left of their own accord.  So far so good.

As a hands on landlord I like to keep proper records and ensure that all my statutory obligations are provably satisfied.   In particular, having seen some of my colleagues taken to the cleaners over alleged deposit protection irregularities, I instructed the letting agent to return the deposits as I believed, rightly or wrongly, that I may have had an obligation to either return or reprotect.  The agent refuses to act on my instructions and now refuses to give me any documentation whatsoever saying that I have to justify to him as to why I need the information and citing GDPR for good measure; I do not know which deposit protection scheme was used.  The agent will not even give me a copy of the former owners agency contract, a contract which I have by default inherited.

I am now out of time concerning returning the deposit and I have no evidence of Right to Rent checks so I have made a formal complaint to the agent as a prelude to approaching the ombudsman.  Fortunately I have a comprehensive email document trail.

I am aware that this is a common problem; if any reader has encountered it I would be grateful for any advice as to how I can speedily resolve the situation.

18/06/2018
6:55 am
bevogi
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I am experiencing this problem at present. It appears that no one on this planet can help with a solution to the situation. If you find a way it would be a miracle & I would love to hear how you resolved it.

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