Council Guarantee Bonds are useless

by Readers Question

12:26 PM, 8th December 2014
About 6 years ago

Council Guarantee Bonds are useless

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Council Guarantee Bonds are useless

I let a property out to a tenant who had no deposit but had a guarantee bond provided from the council. Council Guarantee Bonds are useless

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.

Regards

Ronanch



Comments

Paul Thomas

9:30 AM, 13th December 2014
About 6 years ago

Reply to the comment left by "Jessie Jones" at "08/12/2014 - 16:39":

I agree with the use of a separate document. I'd not had council tenants before and was not aware of this. Give this document to the council, signed by the tenant and keep a photo copy, so when you go in to see the council, you can show them the document when they don't find it on their computer system !

Paul Thomas

9:39 AM, 13th December 2014
About 6 years ago

This is the letter I used last (just swap out app. details)

Date: 18th Sept. 2014

Tenant Name,
Property Address of Tenant

Dear Sir/Madam,

To whom it may concern. I herby give my written permission for the council to discuss matters relation to my benefits claims to

Your Name
Your Address

Such communications can be via letter, phone or email.

Please keep a note of this permission on file so as not to cause a delay in dealing with queries.

Yours,

[Tenants Signature]

Tenants Name.

Robert Mellors

10:05 AM, 13th December 2014
About 6 years ago

This is the form that I use...... (the format has changed when I copy and paste into here so feel free to copy and paste it into a Word document and format it accordingly).

Form of Authorisation

Licensee/Tenant:.…………..…………………................……………………………...........…………

Address: ……………………………………………………………………………………………..

………………...………………………………………………………………………………………

I/We hereby expressly authorise my/our Landlord, xxxxxxxxxxxxxxxxx, or any person or agent authorised by my Landlord, to request and receive information about my/our identities, credit histories, debts, housing histories (former tenancies), welfare benefit claims, and current and past employment.

I/We hereby expressly authorise all persons, organisations, agencies, companies, and authorities, to provide such information as is requested by my/our landlord, xxxxxxxxxxxxxxxxxxxxxxxxx, or any person or agent authorised by my Landlord. In particular, I also request the Department for Works and Pensions, all local government departments, and any past, present or future employers, to give details of my address(es), including my current address, to xxxxxxxxxxxxxxxxxxxx or its agents upon request at any time in the future.

Under the terms of the Data Protection Act 1998, I/we hereby authorise my Landlord to share information about me/us with other agencies including tenant referencing companies, insurance companies, other housing providers, support providers, utility providers, debt collection companies, local authorities, Department for Work and Pensions, the Home Office, the Immigration and Nationality Directorate, and other UK Government departments and agencies.

I expressly accept and agree to this authorisation being irrevocable and continuing beyond the end of my tenancy/licence/residency for the purpose of aiding in the tracing of debtors and debt recovery, or any other legitimate purpose.

Signed (Licensee/Tenant): ……………………………………….........……. Date: ………………...…

Witnessed by (signature) ………………………………………………………………………

Witness Name (print) …………………………………………………………………………..

Witness Address ………………………………………………………………………………..

……………………………………………………………………………………………………

Date ……………………………………………………

Paul Thomas

10:18 AM, 13th December 2014
About 6 years ago

Eh, that looks better than my form !

I'll copy that, thank you very much 🙂

I just hope I don't need to use it again, as all the people I've dealt with who do receive benefits are, well, more troublesome !

Neil Robb

16:44 PM, 14th December 2014
About 6 years ago

Hi All

I think it does not make a difference whether it is an HB or private tenant most of my tenants are HB but some are private and to be honest I have little or no problem until they no longer need or want the property maybe I have been lucky.

The biggest loss I ever had was from a man with his own business who used to boost about how much he was making.

The one HB tenant who was having trouble recently has Just phoned me to say her back payment has just been sorted out and she will be making arrangements to pay it into my acct.

I had another tenant just leave the property not perfect, been there over two years but with me about 3 years in total. so when you work out how much rent I have received against the few hundred to put the property right it worked out ok for me .

I like to meet my tenants and as long as I don't think they have a drink or drug problem I am normally ok with the fact they are on benefit's.

I do understand there is problems with HB tenants but there is just as many with private ones who work.

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