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Question Title: Demand for landlord's address
| Question: 380 |
| I have been asked by one of the local authorities in the area for the names and addresses of landlords where they have tenants who are in receipt of housing benefit and council tax benefit. I have a number of landlords who are unwilling to provide information on their home addresses. The tenancy agreements have our address as agents for the landlord. I requested clarification in writing from the local authority of the legal basis for this demand. Their reply stated:- "As part of the Verification Framework requirements and the on-going Government anti fraud initiatives, names and addresses of landlords will be required as well as that of the landlord's agent. We will be requesting details of landlords on existing claims where we do not hold them on our records and all new claims from January 2005. Can they demand this information and what would happen if I do not supply it ?
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| Answer: |
| In fact, there are a variety of legal powers available to local authorities, the Inland Revenue and the housing benefit department which allow them to override or circumvent the Data Protection Act and request that an agent supplies details of landlords and their addresses. For housing benefit, the local authority is obliged by central Government to demand this information. The Department of Work and Pensions (DWP) have set out in their verification framework to reduce housing benefit fraud that information can be demanded from landlords. The current 'Verification Framework' (VF) states:- "The VF is not a piece of legislation. However, it is firmly based on the existing HB/CTB legislation. As far as the Department is aware, the VF does not require, and does not imply, that LAs do anything contrary to the benefit legislation or any other existing statutory or legal requirement. At all times LAs must determine HB/CTB entitlement in accordance with the law". The relevant law would seem to be contained in Housing Benefit (Information from Landlords and Agents) Regulations 1997 [SI 2436]. Details of this Regulation can be found on the Stationery Office website at www.tso.co.uk or the Office of Public Sector Information website at www.opsi.gov.uk. There are criminal penalties for non compliance plus £40.00 per day for continued non compliance.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 15 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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Housing Benefit