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

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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


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Archie S

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13:44 PM, 15th October 2024, About 4 weeks ago

Reply to the comment left by DPT at 15/10/2024 - 11:25
I think the point is that the threat of legal action and at least posing the question is likely to drive a certain level of engagement from the government.

HMOs are a small proportion of the overall market and by their nature attract a level of scrutiny. Putting all landlords on that level particularly 'accidental' landlords with 1 property seems ridiculous and will likely lead people to leaving properties empty rather than letting them.

If the database if actually going to protect tenants it needs to be a lot more sophisticated than simply an open register. The government also need to understand that their will be unintended consequences for rental supply.

TheMaluka

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8:58 AM, 19th October 2024, About 4 weeks ago

Reply to the comment left by Archie S at 15/10/2024 - 13:44
'Government' and 'understand', I do like a good oxymoron.

Paddy Murphy

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10:16 AM, 19th October 2024, About 4 weeks ago

I had an issue regarding public details on HMO register that I resolved because the Information Commissioner has already given their opinion on this. I see no difference in the proposed register and the HMO register in terms of data protection laws.

Full details, and solution, on thus thread

https://www.property118.com/hmo-licence-consistency-of-the-public-register/comment-page-2/#comments

Michael Crofts

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16:19 PM, 19th October 2024, About 4 weeks ago

The provisions concerning the database are in Part 2, Chapter 3 of the RRB, beginning with section 73 on page 99 (page 109 of the pdf).
S.75 leaves open a lot of questions about the detail of what will be on the database but s.82 states that "Unique Identifiers" will be used which implies the possibility of anonymity unless there has been a banning order in which case s.81(8) states that landlord names and addresses will be on the database. Section 84 (1)(a) says that regulations will be made specifying the information which will be made available to the public.
There's more, but my reading of the Bill is that there is a massive amount still undecided and I recommend anyone who is concerned about the database to make representations direct at the Committee stage. My advice is to NOT rely on the NRLA or anyone else. Do It Yourself. I will be making representations that landlords' names and addresses should not be available to the public under any circumstances. All the public needs to know is that the landlord of a particular property has or has not been made the subject of a banning order. Such representations are not always a waste of time. My name is included in a footnote to the Committee report on the Renters Reform Bill and following representations to and correspondence with Michael Gove via my MP I claim some credit for Sale being a mandatory ground for possession - a provision which has been carried forward in the current bill as the new ground 1A in Schedule 2 of the1988 Act.

Mick Roberts

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20:54 PM, 19th October 2024, About 4 weeks ago

We had this 2018 with Nottingham Imbecile Council Selective Licensing.
A 74 year old Landlord stood up and said I house ex prison offenders, are you ludicrous?

I've said for years since I think the Deposit protection scheme said we had to put Landlords home address on paperwork to give tenant
Are u right? I house some real rough people who at the start I don't know.
Do we go in a petrol station and the cashier has a sign above her head
Here is my home address?

Does the bouncer in the pub or barmaid who's just chucked u out say
By the way, here is my home address?

DP

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23:00 PM, 19th October 2024, About 4 weeks ago

Reply to the comment left by Michael Crofts at 19/10/2024 - 16:19
As you say only necessity for this should be if landlord banned or something, why else would a prospective tenant need to know where the person renting them the property lives or other properties they have or rent out?

DAMIEN RAFFERTY

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2:32 AM, 20th October 2024, About 4 weeks ago

As a HMO Landlord for the last 5 years we have received various letters from Rent to Rent companies, Agents wanting to manage our HMO !
Insurance companies, Removal companies, Energy and Broadband companies ALL unsolicited
My Tenants know my home address and so does everyone in the UK and Worldwide.
So open to fraud
We have signed up to Fraud Alert on the Land Registry website ( Top Tip )

DP

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8:35 AM, 20th October 2024, About 4 weeks ago

Reply to the comment left by DAMIEN RAFFERTY at 20/10/2024 - 02:32
Its is an infringement of our rights as individuals, a casual use of control without due regard for the opinion or possible consequences to the individuals.

PH

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8:54 AM, 20th October 2024, About 4 weeks ago

Reply to the comment left by DP at 20/10/2024 - 08:35
It should be strongly opposed by all landlords groups. We have privacy rights just the same as everyone else. As LL we have to keep tenants details under lock & key and our details should be treated in the same manner otherwise it's discrimination Pennycock.

Michael Crofts

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10:13 AM, 20th October 2024, About 4 weeks ago

Reply to the comment left by PH at 20/10/2024 - 08:54
Don't rely on anyone else to get this changed. Landlords as a whole seem to be reluctant to actually do anything positive about political lobbying. We rely on the NRLA and other groups to protect us and so far they haven't had much success. As a result we get screwed. But it's not a waste of time to make individual representations at the committee stage of bills, which is where the detail of the wording is debated.

Please, if you care about the issue of landlord privacy, don't just moan on forums, write your letters NOW.

Here is the detail from the Parliament website:-
Do you have relevant expertise and experience or a special interest in the Renters’ Rights Bill, which is currently passing through Parliament? If so, you can submit your views in writing to the House of Commons Public Bill Committee which is going to consider this Bill.
https://www.parliament.uk/business/news/2024/october/renters-rights-bill-call-for-evidence/

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