Question:
Letting agency is trying to find out how many people live at the property. Is this right?
anonymous
2018-05-18 10:30:47 UTC
I am having a few problems with my letting agency. My husband and I rent a two bedroom that needs some repairs. As we are both busy, we work two jobs each I have given my older daughter (30 years old I might add) full permission to speak on my behalf as her schedule isn’t so busy and she can meet the engineers at the apartment and liaise with the letting agency about a suitable time. Well now the letting agency have refused to speak to her as she is not on the lease even though I have explained my situation to them and further more they have asked the front desk of my building how many people live in my apartment and for them to sign a waiver form as they believe it’s not only me and husband.

Does this even matter? I am renting a two bedroom. If I want my children to stay they surely can, even though she doesn’t as she has her own family. I pay rent anyone can stay there and it shouldn’t be a problem for my children to speaks on my behalf.

Further more isn’t it a data protection breach to request such information from the front desk?

If I could also add, a window is broken in one of the bedrooms, it does not open and they are refusing to fix it, it’s been broken since October 2017. Can they do this?

Any help or advice would be helpful.
Thank you.
Eleven answers:
Mr.Anonymous
2018-05-19 16:20:43 UTC
Believe it or not building codes actually have specified "Definitions" for "Dwelling-units",,,

For example. your two-bedroom Apt is designated by 'Coded Definition" as a "Single Family' Dwelling-unit" with a specified Capacity.

So,, Yes,, it's ok for Letting agencies & landlords to ask &/or find out how many people are actually occupying a Unit I/E How many adults & Children,,and YUP! actually have something to say about it,,,

Nobody likes getting accused of being a Slum-lord & one of the reasons for those "Coded Definitions & rated capacity standards'' is to Prevent owners & managers from Becoming slum-lords.

Odds are, the only reason they're inquiring at all is just to be sure all the eyes are dotted & Teas are crossed because your Adult-Daughter (whether she lives with you or not) is representing you for a maintenance issue,,,
Beverly S
2018-05-18 17:36:05 UTC
Almost every lease now days requires all persons living in the house to be on the lease.
babyboomer1001
2018-05-18 17:12:30 UTC
You do not have the right to allow anyone to live there with you. If you want to add tenants, they have to be approved and registered with the landlord. Tenants are usually allowed to have a guest stay overnight every now and then but that is usually restricted to 10 days per year, 14 days per year, a month - whatever the landlord's policy is on guests staying over. The landlord is correct, you cannot just appoint someone to talk to the landlord on your behalf. He has to talk to someone on the lease, either you or your husband. Surely, you can find 5 or 10 minutes out of your busy schedule to talk to him on the phone. The repair/replacement of a crack in the window is not a necessity. However, if the window is broken to the point of the glass is gone, that should be replaced. A chip - how big is the chip and is it unsafe as it is?
glenn
2018-05-18 16:53:23 UTC
A landlord has the right to require a background check on every individual that may live or stay on property. They can also restrict the number of people or cars or whatever. Your lease, your state laws and other items would have to fit in here.
laughter_every_day
2018-05-18 16:13:26 UTC
Are you trying to ask if your lease limits the people who may live in the home to those identified on the lease? I have not read your lease. That clause is very common in leases.
Elaine M
2018-05-18 15:44:42 UTC
Yes, it's legal for them to know how many are in the building on a permanent level.
linkus86
2018-05-18 13:24:31 UTC
When you sign a lease it doesn't give you the right to move in whomever you feel like without landlord approval. By presenting your daughter as your liaison you have admitted she is a resident, effectively breaking the original lease. Sorry.
Steve D
2018-05-18 11:34:19 UTC
First, the letting company is within their rights to deal with your daughter. All resident adults must be on the lease - snce your daughter is not on the lease, even if you give her permission to speak on your behalf, the letting company would be legally liable for damages should something go wrong - this is why they will only speak to someone who is actually on the lease. Second, they are ascertaining whether your daughter lives there because as an adult, if she does, they can require that she either be put on the lease (making her monetarily and legally responsible) are evict her (and possibly you). I assume that when you refer to waiver, you mean they are trying to get you or your daughter to sign a waiver stating that you and your husband are the only ones living in the apartment (the front desk people work for the letting company, it would not make any sense that they would sign a waiver). Again, this protects the letting company and the owner from liability. Nothing you note would be violative of any data laws since there does not seem to be any data that would fall under the law.



As for the broken window - are they refusing to fix it or are they refusing to fix it until you can be there or give them permission to enter the apartment with you not there? If itr is the latter, then you are the ones holding up the repair.
Maxi
2018-05-18 11:23:23 UTC
Laws depend on the country so they are not worldwide the same...........as you say Data protection law I am assuming UK and letting agents/landlords rent to x number of occupants which are on the contract, they do check the electoral roll and can certainly ask the front desk of the building, they can also ask neighbours etc it is noting to do with data protection they hold and renting means you are contracted to complying with the law ( as they are) so yes it matters who lives there, they do not have to deal with your daughter if they choose not to and know they can enter the property without you being there as long as they give you written notice to do so ( which if you already know they have already given you that notice) it also matters about repairs/maintenance and requesting in the correct way, that is in writing ( keep a copy) state in the letter that this is a repeat request from Oct 2017.
anonimitie
2018-05-18 10:33:16 UTC
Ofcourse they have a right to know not just how many people live in their property but, specifically who.



And as you, "...might added..." your kid is not a kid. They're an adult and held to a different standard. The lessor can insist they qualify to stay there.
?
2018-05-18 14:57:37 UTC
letting agency cannot liaise with anybody not on the lease -

dont matter how many rooms you rent - you can only have those on the lease live there

you CAN have people stay with you temporarily as guests - but the length of time and how many times they can stay is limited (And may be specified it the lease)

If they suspect she is living there they are entitled to find out

Data protect act does not apply to asking questions - only to answering them

AND it only applies to personal info - NOT to info anybody could find out just by watching who goes in/out and when



"can" they do it- yes they "can" cos they have

You want to get the window so it opens then tell them .

Dont know what laws apply to windows, but there may be no legal requirement for windows to open - even if there has to be a window at all - you want to find out then ask a lawyer, citizens advice, or environmental health



You dont like the answers you are given then give notice and leave


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