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Estate Agent - Giving Access to tenanted property - code of conduct

Mr Dukes made this Freedom of Information request to The Ombudsman Service Limited
This authority is not subject to FOI law, so is not legally obliged to respond (details).


This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

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Dear The Ombudsman Service Limited,

The following information request is for the period 1st April 2009 to 31st December 2010.

Would you please state:

1. The relevant “Code of Conduct” that apply to your member (Estate Agent) in 2010 regarding giving/arranging access to a tenanted property.

2. Whether it is lawful or reasonable for your member estate agent to arrange access for a bailiff to enter into a tenant home to enforce Council tax arrears.

3. The duty owe by your member estate agent to a wife of a Tenant who started living with her husband in his rented property. The husband is the sole name on the tenancy agreement.

4. Whether it is lawful or reasonable for your member estate agent to give its keys to tenanted property to bailiff acting on Liability Order, without the tenant consent/authourisation.

5. Whether your member estate agent can, in a non-emergency circumstance, give or arrange entry into a tenant home by a third party or baliff without the tenant consent. If so, please state the non-emergency circumstance when you member can give such access.

Thank you, in advance, for your time and efforts in responding to this request. I look forward to your reply.

Yours faithfully,

Mr Dukes

Applications, The Ombudsman Service Limited

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Applications, The Ombudsman Service Limited

Dear Mr Dukes,

Thank you for your email dated 6 September 2017, the contents of which are noted. However, Ombudsman Services is unable to facilitate your request for disclosure under The Freedom of information Act 2000.

The Freedom of information Act 2000 is an Act that makes provision for the disclosure of information held by public authorities or by persons providing services for them. Section 1 confers this general right of access to information held by public authorities, and says that an applicant has a right to be told whether the information requested is held by that authority (the duty to confirm or deny whether it holds information) and, if it is held, to have it communicated to them.

The Freedom of Information Act 2000, Section 3, sets out that a ‘public authority’ is as described in Schedule 1 of the Act, can be designated by order of the Secretary of State under Section 5 or is a publicly owned company as set out in Section 6. Ombudsman Services is therefore not defined as a ‘public authority’ within the Act, and is not obliged to provide the requested information.

Steve Brace
Business Development Officer

Tel: 01925 430870
Ext: 2295

Ombudsman Services
3300 Daresbury Park
Daresbury
Warrington
WA4 4HS
  
www.ombudsman-services.org

Confidentiality: This email message and any attachments are for the sole use of the intended recipient(s) and may contain proprietary, confidential, trade-secret, legal or privileged information. Any unauthorised review, use, disclosure or distribution is prohibited and may be a violation of law. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
Security: Email is not a secure means of communication.
Viruses: You should carry out your own virus check before opening any attachment to this email. To the extent permitted by law, we do not accept liability for any virus infection and/or external compromise of security in relation to email transmissions.

Please consider the environment and do not print this email unless absolutely necessary.

The Ombudsman Service Limited
Registered Office: 3300 Daresbury Park, Daresbury, Warrington, WA4 4HS. Registered in England and Wales.
Company registration number: 4351294 VAT registration number: 798 3441 79

We don't know whether the most recent response to this request contains information or not – if you are Mr Dukes please sign in and let everyone know.