12:26 PM, 8th December 2014, About 7 years ago 25
I let a property out to a tenant who had no deposit but had a guarantee bond provided from the council.
This bond covers damage up to a certain amount and contains helpful clauses such as ………..
“The council will use all reasonable endeavours to ensure that the tenant is fully advised of her responsibilities as a tenant. The Council is committed to work towards resolving any difficulties between the Landlord and tenant by negotiation where possible and may assist in matters relating to the tenancy if the Landlord so requests.”
As an extra protection I added an extra clause to the tenancy agreement where the tenant authorised information sharing with the Landlord and did NOT want the Data Protection Act (DPA) applied.
Then one day the council stopped paying her Housing Benefit to me so I phoned them up and they told me they can’t discuss anything because of the Data Protection Act! Hang on a mo I said, luckily for me I’ve got one of your bond thingies and an authorisation to discuss from my tenant.
I sent them their bond and the tenancy agreement opting out of the DPA and was referred through various different department and officers but they all are still just blindly quoting the DPA and refusing to discuss anything or help me at all.
A couple of weeks later the tenant is just plainly avoiding me, arrears are mounting up (past the bonded amount) and S21 and S8 notices are now served but the council still refuse to speak to me.
Can they do this?
Can all the their helpful promises in their bond all be cancelled out just by the Data Protection Act?
Thanks for reading.
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