Rental being taken over by management company

fungie · 02-07-2019 8:20pm #1

The property I rent is being taken over by a management company, i.e. I will be dealing with an agent/company instead of my landlord from now on. I have no problems with this per say but have problems with how they have dealt with me so far and what information they are looking for.

They called me out of blue saying that we need to sign a new lease. I said that I don't think we have to considering we are in a part 4 tenancy. Upon hearing that, the agent said that we have a rent increase due. I informed him that we don't since we only had one 3 months ago (an illegal increase might I add). He then says he's calling over next week to get a spare key from us, again I said that the landlord should be dealing with this and I didn't want him calling over to us. I found the whole thing intimidating and extremely unprofessional.

I rang my landlord to tell them about this and they agreed that it was completely uncalled for and unprofessional and that he would contact the company to give out, essentially.

Next day I got a call from someone senior in the management company and he was very apologetic saying it's not normally how they do business, etc etc. I found him sincere but said in no uncertain terms that this reflects very poorly upon the company.

The senior person sends me a form to register with them. This form says I have to give them our PPS numbers, salary certs, bank statements, employer details, car registration, etc. None of which we had to supply when signing the lease with the landlord.

I'm looking for advice re what I should do. I think I should tell them to get stuffed, we have been there for years and always paid on time and have been model tenants. Why do we need to supply sensitive financial documents? I understand maybe if its a new tenancy but we have been in the property for over 2 years.

Graham · 02-07-2019 8:38pm

I'd ask on what grounds do they need all the requested information.

boege · 02-07-2019 8:55pm

OP
I rent my a house that we used to live in. I am thinking of getting out of direct letting and getting LA involved so your post interests me.

You should/may have a letting agreement in place. Look at this first but also look at the legal position and/or positions advised by PTRB/Citizens advice.

Its possible the letting agreement may contain an assignation clause. This means that the LL responsibility can be handed over to a party appointed by your LL. It is also probable that your LL should notify you in writing that a specified LA is taking over management of the letting arrangements. Check if your letting agreements covers how it can be amended, usually it is in writing by both parties.

If there is a no 'assignment provision' in your letting agreement then your relationship may still be with our landlord and he may be stuck with you. You may be able to refuse to deal with anyone but your LL.

If you know someone in the legal profession I think a chat with them, with a copy of your letting agreement, will enlighten you.

Evd-Burner · 02-07-2019 9:10pm

If I was in your position I wouldn't respond to any of their requests or take any calls etc. All the information they need your landlord should have already given them.

As boege said, do check your lease.

4ensic15 · 02-07-2019 9:27pm

boege wrote: »

OP

Its possible the letting agreement may contain an assignation clause. This means that the LL responsibility can be handed over to a party appointed by your LL. .

A landlord can appoint an agent whether or not the lease says anything about it. It sounds very like a bank or receiver has taken over the property and got no details from the landlord. They appointed an agent who is trying to fix things up.

fungie · 02-07-2019 10:02pm

4ensic15 wrote: »

A landlord can appoint an agent whether or not the lease says anything about it. It sounds very like a bank or receiver has taken over the property and got no details from the landlord. They appointed an agent who is trying to fix things up.

I can categorically say that a bank or receiver has not taken over the property.

OP
I rent my a house that we used to live in. I am thinking of getting out of direct letting and getting LA involved so your post interests me.

You should/may have a letting agreement in place. Look at this first but also look at the legal position and/or positions advised by PTRB/Citizens advice.

Its possible the letting agreement may contain an assignation clause. This means that the LL responsibility can be handed over to a party appointed by your LL. It is also probable that your LL should notify you in writing that a specified LA is taking over management of the letting arrangements. Check if your letting agreements covers how it can be amended, usually it is in writing by both parties.

If there is a no 'assignment provision' in your letting agreement then your relationship may still be with our landlord and he may be stuck with you. You may be able to refuse to deal with anyone but your LL.

If you know someone in the legal profession I think a chat with them, with a copy of your letting agreement, will enlighten you.

The lease has no mention whatsoever of assigning the lease.

Gumbo · 03-07-2019 6:35am

fungie wrote: »

I can categorically say that a bank or receiver has not taken over the property.

The lease has no mention whatsoever of assigning the lease.

It doesn’t matter what the lease says. The lease still standard or Part 4 rights as you mentioned in your OP so I assume the lease has expired.

The LL is appointing someone to manage the letting and property. This is normal.

As for the info they are requesting, it’s OTT, but maybe the LL hasn’t got these details or never requested them.

fungie · 03-07-2019 7:01am

kceire wrote: »

It doesn’t matter what the lease says. The lease still standard or Part 4 rights as you mentioned in your OP so I assume the lease has expired.

The LL is appointing someone to manage the letting and property. This is normal.

As for the info they are requesting, it’s OTT, but maybe the LL hasn’t got these details or never requested them.

I have no problem with someone taking over the managing of the property. My point is that I don't want to sign a new lease considering I have a part 4 tenancy, nor do I want to hand over salary certs and bank statements to this company.

When I consult the lease itself, it says its for a minimum of one year so it's either still valid and in part 4.

Mrs OBumble · 03-07-2019 7:19am

Just write "n/a for an existing tenancy" on the bits of the form that are not relevant, fill in the rest ( roughly speaking your contact details) and send it back.

m5ex9oqjawdg2i · 03-07-2019 7:32am

4ensic15 wrote: »

A landlord can appoint an agent whether or not the lease says anything about it. It sounds very like a bank or receiver has taken over the property and got no details from the landlord. They appointed an agent who is trying to fix things up.

What? How have you come to that conclusion?

fungie · 03-07-2019 8:56am

Interestingly they ask has a case ever been taken against you by the PRTB.

I haven't but would of thought that they couldn't of asked this kind of information. Perhaps if a case was taken against you and you were found to be wrong, it could be warrented.

4ensic15 · 03-07-2019 9:10am

Annika Big Stockade wrote: »

What? How have you come to that conclusion?

I have come across numerous situations where a receiver is appointed, the landlord won't co-operate with giving deails of the tenancy and the agents try to get paperwork together. there is no reason why the landlord wouldn't have spare keys and why they wouldn't check when the last rent increase was.

Gumbo · 03-07-2019 9:13am

fungie wrote: »

I have no problem with someone taking over the managing of the property. My point is that I don't want to sign a new lease considering I have a part 4 tenancy, nor do I want to hand over salary certs and bank statements to this company.

When I consult the lease itself, it says its for a minimum of one year so it's either still valid and in part 4.

I’d be the same.
Just fill in the general parts of the forms and tell them you do not wish to hand over personal information action that’s not relevant to the current arrangement.

MacDanger · 03-07-2019 9:22am

I wouldn't give them anything more than your contact details unless they provide a good basis for requesting it. Them "needing" it for their records isn't a valid reason imo. Your PPS numbers have already been provided as part of registering the tenancy with the RTB, the rest of the details seem excessive

2Mad2BeMad · 03-07-2019 9:36am

I've had letting agency's ask me if I could give them permission to check my credit score.
Has to be laws in asking for this kind of information.

fungie · 03-07-2019 9:37am

4ensic15 wrote: »

I have come across numerous situations where a receiver is appointed, the landlord won't co-operate with giving deails of the tenancy and the agents try to get paperwork together. there is no reason why the landlord wouldn't have spare keys and why they wouldn't check when the last rent increase was.

Just to confirm, there is no receiver.

fungie · 03-07-2019 9:53am

MacDanger wrote: »

I wouldn't give them anything more than your contact details unless they provide a good basis for requesting it. Them "needing" it for their records isn't a valid reason imo. Your PPS numbers have already been provided as part of registering the tenancy with the RTB, the rest of the details seem excessive

I don't think we provided our PPS numbers when we moved in, again, this is the landlord's problem.

bop1977 · 03-07-2019 9:53am

I would give them your pps number for RTB registration and car reg if you are in an apartment I would say that’s also fair enough.

Salary certificates and pay slips they can go take a running jump.

MacDanger · 03-07-2019 9:54am

fungie wrote: »

I don't think we provided our PPS numbers when we moved in, again, this is the landlord's problem.

Are you sure? PPS numbers are required for registering a tenancy with the RTB

fungie · 03-07-2019 9:57am

MacDanger wrote: »

Are you sure? PPS numbers are required for registering a tenancy with the RTB

I've no recollection of it and didn't send it over email as I've checked my records. I'm guessing it wasn't registered as I couldn't find it when I looked about a year ago (out of interest).

Edit: Just checked RTB database and isn't there still

Lux23 · 03-07-2019 1:50pm

I've never supplied my PPS number, and if I already had a Part IV tenancy, I wouldn't be handing over my salary details.

m5ex9oqjawdg2i · 03-07-2019 2:20pm

4ensic15 wrote: »

I have come across numerous situations where a receiver is appointed, the landlord won't co-operate with giving deails of the tenancy and the agents try to get paperwork together. there is no reason why the landlord wouldn't have spare keys and why they wouldn't check when the last rent increase was.

Oh, I am sure you have alright... :rolleyes:

Landlord may have lost the keys, or never had a spare set to begin with. There's two reasons to blow your claim out of the water. You're reaching pretty far with that one to be honest.

OP, I wouldn't fill out any of that information and do not sign a new contract. You are not an applicant.

Samuel T. Cogley · 03-07-2019 3:43pm

PPS number is needed and not supplying it is being overly difficult. Rest give them a PFO.

fungie · 03-07-2019 4:32pm

Samuel T. Cogley wrote: »

PPS number is needed and not supplying it is being overly difficult. Rest give them a PFO.

I actually don't mind giving PPS number. its the other stuff

Samuel T. Cogley · 03-07-2019 4:37pm

fungie wrote: »

I actually don't mind giving PPS number. its the other stuff

The only other thing that might be relevant is the car reg if it's a managed estate / apartment complex. 100% on the other stuff they can get lost. I'd go with the suggestion on N/A - Current tenancy.

4ensic15 · 03-07-2019 6:13pm

You could complain to the Data Protection Commisioner. They cannot look for data unless you consent or they are required to have it by law.

4ensic15 · 03-07-2019 6:17pm

Annika Big Stockade wrote: »

Oh, I am sure you have alright... :rolleyes:

Landlord may have lost the keys, or never had a spare set to begin with. There's two reasons to blow your claim out of the water. You're reaching pretty far with that one to be honest.

OP, I wouldn't fill out any of that information and do not sign a new contract. You are not an applicant.

On the balance of probabilities, the landlord is most unlikely not to have a key. A landlord who is going to appoint an agent would be asked for spare keys and tenant details by the agency on appointment. The agency would also want details of rent increases.

I don't know how the o/p is so certain there is no receiver, the o/p doesn't say.

fungie · 03-07-2019 6:19pm

4ensic15 wrote: »

I don't know how the o/p is so certain there is no receiver, the o/p doesn't say.

The landlord has a specific reason they need to use a company, the reason is none of your business, it's barely mine.

4ensic15 · 03-07-2019 6:22pm

i don't know why you are being so defensive.

fungie · 03-07-2019 6:28pm

4ensic15 wrote: »

i don't know why you are being so defensive.

Because the reason that the property is going into management is irrelevant and straying from the point. It's not in receivership, I answered the question.

Graham · 03-07-2019 6:58pm

Mod Note

The OP has twice stated there is no receiver. No need to derail the thread further along these lines.

dennyk · 03-07-2019 8:59pm

fungie wrote: »

The senior person sends me a form to register with them. This form says I have to give them our PPS numbers, salary certs, bank statements, employer details, car registration, etc. None of which we had to supply when signing the lease with the landlord.

Asking for your PPS number is valid and reasonable, as they'll need it to register the tenancy with the RTB. Asking for your car registration may be valid if you park in a private car park or garage and they track which vehicles are allowed to park there and/or issue parking passes (and I can't think why they'd want that information otherwise or what they could possibly do with it that would be an issue for you, so it's probably best just to give it to them unless you fancy having your car clamped or towed at some point).

They have no valid reason to ask for the rest of that information and you are under no obligation to provide it. It's likely they've just given you their generic "new tenant" paperwork to fill out because they don't have any other form handy, though, and they may not actually be expecting all of that documentation from you since you're an existing tenant in situ. Just decline to supply the rest of those items and stick to filling out your basic contact info and PPS number and car reg on the form and get it back to them in good time; that should be sufficient.

Rental being taken over by management company

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