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  • Legal FAQs

    GDPR - Council give landlord's name to tenant

    Can a Council give out your name and or address to tenants? Is this not a breach of GDPR?

    Shoud they not guide them to request your address etc under s21 of Landlord and Tenant Act?

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    Saagar

    Disclaimer: I have no legal expertise nor am I a qualified advisor on any subject. A humble landlord using an open forum to exchange ideas and experiences. 

    It depends on what basis the council collected your data and what you agreed they could do with it. 

    You are required to give your tenants your name and an address where legal notices can be served on you and rent paid. If you haven't done that, it's possible for the tenant to decline to pay rent until you do (they have to catch up - there's no free period). So it's not that the council have given the tenant anything they shouldn't already have.


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    You are legally obliged to provide name and address of landlord
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    I don't think it can
    For the hmo licence it was quite strict
    I know they check the electoral register
    A c/o address has potential for fraud and breach of gdpr secutity

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    I dont know the definitive answer for HMO`s as mine are all single lets so you may well be right . My C/O address is accepted by the council . But the address for the HMO also has to be displayed on the premises as well as I understand it .

    All visitors could see that as well so a personal address could leave the owner a bit vulnerable  . I would imagine a bona fide  office address would suffice or a suitably registered letting agent solicitors or accountants  so you can be contacted / served notices etc if needs be .

    The telephone number maybe linked though to whoever can deal with a management emergency but not necessarily the address

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    Jonathan Clarke. http://www.buytoletmk.com


    Hi

    For a HMO you have to inform the tenants of your name and address.. Your name and address is on record with the council and in many cases online in the form of results of freedom of information requests. For example im quite within my rights to ask a council for a list of all HMO owners and Addreses in their area. Many people have done this and put up online.


    Best


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    Yes the council can give out this data. The tenant can request it from you legally under S1, Landlord and Tenant Act 1985 and there is a clear legitimate interest in providing this data.
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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    There are some amazingly shy landlords out there....... Some might say snowflakes....

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