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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Slooky

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10:53 AM, 20th October 2024, About 4 weeks ago

Reply to the comment left by Mick Roberts at 19/10/2024 - 20:54
Agreed. Have you noticed when you ask for someone's name after a phone with a company the person on the phone will only give their first name. They do not even divulge their surname.

Badger

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16:56 PM, 20th October 2024, About 4 weeks ago

Reply to the comment left by Slooky at 20/10/2024 - 10:53
Yes, and half the time I wouldn't mind betting that even that is a pseudonym as well.

Paddy Murphy

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18:02 PM, 20th October 2024, About 4 weeks ago

I had a similar 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 this thread

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

Paddy Murphy

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18:27 PM, 20th October 2024, About 4 weeks ago

So I had a similar issue with the HMO licence register kept by my local council. I came across the following
https://www.lbhf.gov.uk/housing/private-housing/property-licensing-landlords-and-letting-agents/register-licences
in particular the following information given to Hammersmith and Fulham by the information commissioners office
'However, it is the form in which the register is provided where it may be considered unfair and subsequently breach the DPA, such as publishing the full register on the internet. The requirement under the Housing Act is just to provide a copy of the register on request, there is no obligation to make it available electronically since publication on the internet may be unfair and excessive given the potential for ease of access by a large number of people."
So I wrote to the local council to request that they format the information in accordance with the guidance of the information commissioners office. The local council complied and a shortened version of the HMO licence register was published with no home address
As per the advice above I will write to the committee stage for the RRB and highlight the ICO opinion, hopefully it won't fall on deaf ears and landlord's home addresses will not end up in the public domain

Michael Crofts

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9:38 AM, 21st October 2024, About 3 weeks ago

Reply to the comment left by Paddy Murphy at 20/10/2024 - 18:27
Not sure if you know but the deadline is today because the first meeting of the committee is tomorrow.
My Evidence went in at 02:32 this morning and has already been acknowledged.
SCRUTINY@parliament.uk

Godfrey Jones

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11:53 AM, 21st October 2024, About 3 weeks ago

I was called upon by the boys in blue at 3am one morning a few years ago. Apparently one of my Tenants had been a naughty boy. I always use my Solicitors address as my correspondence address on Tenancy Agreements. When the Police were asked how they knew my home address so quickly they said it was a link to Land Registry. Which begs two questions; the obvious one being:
If the Police can locate a Landlord, especially at speed, why does the Gov need a Landlord's Register?
Second Question: Anyone can pay a small fee to find out from the Land Registry the owner of a property or a Land parcel. Which means that a determined Tenant can find you anyway just by looking up the address they're renting.
What's needed is actually a Tenant's Register so Tenants from Hell can be noted but won'thappenbecausethere'sno money in it. A Landlord's Register is nothing more than another excuse to milk Landlord's for more money!!!

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