Before securing Right to Manage (RTM) I carried out extensive research into the overall state of my block of flats. An absent landlord and no management agent to speak of had left the development to its own devices for a number of years. Virtually all of the flats are rented out and I assumed them to be private lets. This assumption was based on the fact that many private landlords prefer to rent in this manner.

I was therefore completely taken aback when I discovered that our development not only had properties registered with the council’s Housing Department, but also with a department that provides housing for the homeless while their applications are being dealt with. This was particularly surprising when initial enquiries made much earlier had led me to believe there was no council involvement at all. This time however I was advised which flats were part of the homelessness scheme and the daily rates that were paid.

Data Protection Act

However, the data was erroneous because I knew the occupants of said flats. On looking for the correct data I was advised the Data Protection Act prevented any further disclosure. Further concerns about council involvement were raised when some internal work carried out in one of the flats led to hot water pouring from an outside pipe. Because of the rapid turnover of occupants in that particular property I assumed that this was one of the flats on the scheme so I rang the council for assistance.

They were not able to tell me who the managing agent was but they were however able to provide me with a telephone number and a contact name. On calling, I was advised that this agent didn’t deal with this particular property! On going back to the council, I was told there was nothing else they could do. Even though the problem was remedied a couple of days later, no one saw fit to advise us properly so water was still pouring onto the forecourt and was rapidly becoming a serious health and safety issue.

This brings me to my real concerns. My initial enquiries firstly yielded no information, other then erroneous information with an attempt to obtain correction leading to the citing of the Data Protection Act. Individual landlords and their agents are not legally compelled to disclose even the most basic level of data, so efforts to obtain anything requires effort from others and consequently a lot is acquired piecemeal. If local authority management with all its various agents is added to the mix then lack of information becomes an even bigger problem. The council asked me why should any landlord have to tell anyone else who (s)he was sub-letting to, private or otherwise? In our case, the answer is simple: (s)he is not living on the premises.

The nature of leasehold actually dictates that if any of the legal legislative avenues are to be deployed with any level of success then a sizeable majority must live on the premise and communicate with each other. In our development there are too many parties involved and therefore the situation benefits only the business landlord and his agent, private or otherwise.

The RTM company

The parties that actually run the building can be kept in the dark. In fact my council recently advised me that they didn’t even need to know who managed our block so I assume that they don’t need to know about our RTM company either.

If any local authority is involved in any private development then the managing parties are surely entitled to know whom to contact should problems arise. They are also entitled to be confident that, when the local authority is involved, it knows exactly which agents are looking after which properties.

Landlords who buy properties to let out make a choice to do so but we did not choose to take on the responsibility that securing the right to manage has brought us.

It openly brings us into the landlord and tenant relationship, gives us a large amount of responsibility and, because we live on the premises, provides visibility and accessibility for others.

Therefore, why should individual landlords and their agents be able to shroud themselves in secrecy behind the Data Protection Act and, as a result, no doubt enjoy their own homes to a much greater level than we do? ®Å½

If you have been affected by any of the issues raised by Antonia Adams, or would like to discuss the matter further with the author please write in to News on the Block – we’re always keen to hear your stories! Address to write to Jamie@newsontheblock.com