Does requiring landlords to publish their address breach the Human Rights Act 1998?

Does requiring landlords to publish their address breach the Human Rights Act 1998?

0:01 AM, 14th October 2024, About a month ago 36

Text Size

The requirement for landlords to have their home address on a proposed public register, even if having a letting/managing agent, could be argued as a breach of Article 8 HRA 1998. ie – the right to respect for family and private life, home and correspondence. But only IF a court ruled that a landlord should have Article 8 as an absolute right and not a qualified right as the right to live your life with privacy and without interference by the state currently is.

As a qualified right Article 8 is being used by the RRB to discriminate against PRS landlords in favour of tenants and importantly members of the public who may, or may not be, prospective tenants.

It was bad enough having my address given to some tenants, s47-48 HA who became verbally abusive and threatening but to never be able to be removed from this register, even when no longer a landlord, is unjustifiable and I believe a breach of Article 8.

Many in society believe, rightly or wrongly, that ALL landlords are rich and some could use the proposed database to target for burglary; ethnic discrimination; some for grudges in general against landlords etc.

The final straw on this woman’s back and has more than confirmed my decision to vacate the PRS when the last government tried to introduce the RRB.

What do others think?

Thanks,

Judith


Share This Article


Comments

Archie S

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

0:16 AM, 15th October 2024, About a month ago

Reply to the comment left by Stella at 14/10/2024 - 16:50
Exactly, not clear why providing LLs details online make it less likely tenants will be scammed. If anything the process is more likely to become systematic.

If a LL had to provide a potential tenant a code to access the database so that the tenant can confirm they are a registered LL this might work.

Archie S

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

0:21 AM, 15th October 2024, About a month ago

Reply to the comment left by DP at 14/10/2024 - 19:00
I believe that you would be able to search either a property or a landlord.

One of the arguments is that if a LL that has had fines or not met regulations relating to a particular property then someone renting a different property from the same LL should be able find this out.

Why this needs to be a database freely available to everyone is not however clear.

Slooky

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

8:41 AM, 15th October 2024, About a month ago

I have brought this issue up at every opportunity I have had. NRLA recently posed a question and asked what we were worried about regarding the RRB. I'm not sure they took all concerns on board or just cherry picked the ones they agreed with. I put my home address on TA's because we have to. However making my home address public and listing my property's publicly is a step way too far. I have, in the past had harassment phone calls from potential tenants I have turned down. It would be very concerning if they had my address. I also have no social media at all. For the last 10 years I do not even tell people I am a landlord (due to anti landlord sentiments). I say I am a house wife because I do not like the impression people make of you. Immediately people think you are wealthy. As another person said, no other industry requires a home address to be made public. I don't see local councillors publishing their home address? It's ridiculous that I can't even deal with utility companys because of data protection. I had one of the flats in my name due to a void. I had a problem with the water meter and when I rang up to deal with it I was told I could not because the bill was not in my name. I explained I had done the change regarding billing months before and had confirmation that it had been put in my name. I expressed concern that someone might fraudulently be using that address. I was told although I was the landlady they could not tell me the name on the account due to data protection! I did get it changed back into my name but they would never tell me how it got changed from my name to someone else's. I also had an instance where someone changed the address on one of my property's. (Something which can only be done via the council and through the owner). All address changes are logged. The address disappeared from all the public databases in the drop down menus on all online platforms. When I asked the council who had changed the address they would not tell me. To put our address online is an abuse of power.

DP

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

9:01 AM, 15th October 2024, About a month ago

Reply to the comment left by Slooky at 15/10/2024 - 08:41
Or just an abuse . . . .

No hate plz

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

10:24 AM, 15th October 2024, About a month ago

I'm more concerned that my address is listed on the council website as I have HMO's. It has lead to a neighbour, and anti HMO, activists turn up to my house twice in the middle of the night. And when I didn't answer the door (I was asleep) they posted threatening notes through the door. Police verbally warned them, so now they just make nuisance complaints to all the council developments.

Godfrey Jones

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:03 AM, 15th October 2024, About a month ago

So I can't look up and identify an MOT station online but anyone at anytime will be able to see details of any Landlord? Personally, I have always used the address of my Solicitor on Tenancy Agreements and was told, by an old cop friend, to do exactly the same if having to exchange details in the event of a car accident. The only reason this Gov want a Register for Landlords is money. It will be used as a way to control and fine when we all know that what is actually needed is a Tenant's Register. As I suspect there's no MONEY in a Tenant's Register I don't see this ever happening- even though there are 100 'bad' Tenants for every 1 'bad' Landlord. Have you ever considered what happens to "Tenants from Hell" after months of not paying rent, antisocial behaviour, terrorising neighbours, thousands of pounds wasted obtaing an eviction, wrecking Landlord's properties? They are absolutely free to walk off into the sunset and do exactly the same to some other poor unsuspecting Landlord- as in YOU and ME!!

DPT

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:25 AM, 15th October 2024, About a month ago

The proposed database certainly escalates the issue, but its not new. The ICO publish all registered landlords details on their online database already. Most Councils also publish a list of all licensed properties in their area that contains these details. To my knowledge, no HRA claim has ever been mooted by either landlords or lawyers, so it doesn't bode well in this case.

Elo

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:22 PM, 15th October 2024, About a month ago

This will not happen. Landlords are also victims of domestic abuse. They are also victims of stalking and sexual offences. Some of them are criminal lawyers and social workers and police. All have very good reasons to not want address publicly available.

Slooky

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:30 PM, 15th October 2024, About a month ago

Reply to the comment left by DPT at 15/10/2024 - 11:25
I made sure I used a rental address for the ICO. I seem to remember it didn't specifically ask for home address

Slooky

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:32 PM, 15th October 2024, About a month ago

Reply to the comment left by Elo at 15/10/2024 - 12:22
I would imagine these groups of people would be able to apply for an exemption to exclude their home address. Us muggles probably wouldn't get an exemption

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Automated Assistant Read More