If my letting agency refuses to give me my landlord's name and address, which is a criminal offence, where should I go to prosecute them? (uk)

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I'm having a bit of a nightmare with my letting agency and my flat at the moment. I have asked for the landlord's name and address as there are problems with the flat which I think he/she should be made aware, as they are damaging the flat in a serious way. The agency refuses to sort them out.

The law states that they have to give me his/her name and address within 21 days of a written request (http://www.scotland.gov.uk/housing/leaflets/atsy-06.asp) as it is a criminal offence not to. I wrote to them in early December and they have not given me the details.

Who should I go to with this if I want to take it further?

hmmm (hmmm), Wednesday, 19 January 2005 11:22 (twenty-one years ago)

Citizens Advice Bureau?

Liz :x (Liz :x), Wednesday, 19 January 2005 11:24 (twenty-one years ago)

Scottish Solicitors Property Centres? http://www.sspc.co.uk/

beanz (beanz), Wednesday, 19 January 2005 11:27 (twenty-one years ago)

Write again, and this time write FREEDOM OF INFORMATION in big letters. Enclose a leaflet if you can get one - the CAB should have a stack of them. It should put the frightners on them.

Madchen (Madchen), Wednesday, 19 January 2005 11:30 (twenty-one years ago)

Citizens Advice Bureau? - I tried emailing these guys to no avail. I'm trying to avoid going along to one of their surgeries or making an appointment as I'll have to take time of work and it's just a hassle to get a small bit of information.

hmmm (hmmm), Wednesday, 19 January 2005 11:32 (twenty-one years ago)

What time do you finish work? My local CAB is open until 7.30pm on Tuesdays and Thursdays.

Madchen (Madchen), Wednesday, 19 January 2005 11:49 (twenty-one years ago)

Just found this....

"If you do not know the identity of the landlord, you can write to the person who last collected your rent, asking for your landlord’s full name and address. You should send this letter by recorded delivery and keep a copy. If the person to whom you have written does not reply within 21 days, this is a criminal offence. You can inform the Tenancy Relations Officer of the local authority, who can prosecute the person who has failed to provide the information"

hmmm (hmmm), Wednesday, 19 January 2005 11:49 (twenty-one years ago)

I thought Freedom Of Information only applied to government agencies? You might be better off mentioning the Data Protection Act.

caitlin (caitlin), Wednesday, 19 January 2005 12:35 (twenty-one years ago)

Freedom of Information applies to everyone, I believe.

Sick Mouthy (Nick Southall), Wednesday, 19 January 2005 12:36 (twenty-one years ago)

http://www.informationcommissioner.gov.uk/eventual.aspx?id=33

The Freedom of Information Act 2000 gives people a general right of access to information held by or on behalf of public authorities. It is intended to promote a culture of openness and accountability amongst public sector bodies, and therefore to facilitate better public understanding of how public authorities carry out their duties, why they make the decisions they do, and how they spend public money.

CarsmileSteve (CarsmileSteve), Wednesday, 19 January 2005 12:46 (twenty-one years ago)

Scotland have their own FOI laws, that are slightly different from the rest of the uk - slightly more open. http://www.itspublicknowledge.info/foiactcontents.htm

But it still only applies to public authorities (although I think their definition of a public authority is more loose than the rest of the uk, it still doesn't extend to private letting agencies

Vicky (Vicky), Wednesday, 19 January 2005 13:14 (twenty-one years ago)

That it is illegal for agencies to with hold landlord's details is part of Part II of the Housing (Scotland) Act 1988.

hmmm (hmmm), Wednesday, 19 January 2005 13:52 (twenty-one years ago)

Ah, OK. Use the other act then.

Madchen (Madchen), Wednesday, 19 January 2005 13:53 (twenty-one years ago)

I don't know about Scotland but I know if Ausland that all people, including Landlords, are allowed to use "agents" i.e. anyone they select, to conduct things on their behalf, and that all dealings & correspondence must then go through that agent once you have been advised of who the agent is, and thus their own private or business is not to be used or disclosed. However, their name is - but often this is only their title and surname.

Why don't you just do a title search on the property?

toraneko (toraneko), Thursday, 20 January 2005 12:50 (twenty-one years ago)


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