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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a question about data protection Act and can it always

Resolved Question:

I have a question about data protection Act and can it always override other laws and how far the exemptions can influence other laws.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if this is fur an essay?
Customer:

no nothing to do with that

Customer:

It is to do with Section 22 of Landlord & tenant 1985 Act

Customer:

You maybe aware this act gives the right to lessees to inspect all supporting documents to the summary of the service charge account. This right has been given to lessees to enable them to determine the reasonablity of their service charges. part of these charges are legal fees as result of actions against individual lessees. The landlord refuses to release this information and the flat numbers claiming it is against Data Protection Act, although lessees are charged collectively for these legal fees and not the individual responsible. Hiding this information will stop me to determine whether the charges were incurred reasonably or not.

Alex Watts : On what basis are they claiming an exemption ?
Customer:

there are legal fees invoices they are covering the flat numbers claiming it is against Data protection act. That is all they say.

Alex Watts : But do the invoices have the names of the tenants ?
Customer:

Some do and some don't. but they all have the flat numbers. The issue is these fees and invoices make a very large part of service charges and I will not be able to argue its reasonability if the flat numbers are covered. It could indicate whether the landlord has acted reasonably in terms of similar actions against one flat for instance for illegal subletting rather than make one charge on one concrete useful action.

Customer:

I'm not sure how much Data protection Act has power over other Acts such as section 22.

Alex Watts :

In what way do you want to know whether it overrides other laws?

Customer:

I think I explained above. Whether the landlord can use this act to hide information from me which i am entitled to see under Section 22 of landlord and tenant act 1985

Customer:

Is it clear what I am asking?

Alex Watts :

You are entitled to see it under Section 22. Therefore the Landlord can NOT use it to hide the information.

Alex Watts :

If you are entitled to see it then you are entitled to see it.

Alex Watts :

If the Landlord refuses then you can take him to Court and ask the Court to order that it is seen.

Alex Watts :

In any event I guess the Landlord could show you the information but redact the personal details.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

without the details of the flat one cannot determine the reasonability of the legal fees fees charged to each flat. I just checked with Data Protection act department and they said that that there are exemtins in the act that would allow them to release information under another Act meaning they will not be breaching Data protection act by releasing personal data. Is that what you believe too? and what court? small claim?

Alex Watts : You can have the details but not necessarily the name of the person living there.
Alex Watts : The dat
Alex Watts : The data protection act came after the landlord and tenant act. So if the data protection act wanted to exclude it. The wording of the act would have said so, but it does not
Alex Watts : this would be an order for disclosure so not a small claim
Alex Watts : Does that help?
Customer:

so magistrate court? is it costly?

Alex Watts : County court.
Alex Watts : If you do it yourself it's only the court fees. It's not the magistrates court.
Alex Watts : Does that help?
Customer:

Yes thank you. do i get the forms from their website?

Alex Watts : Form n1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Customer:

I closed my earlier question I had asked from you. I forgot to ask you something. if you don't mind to answer here, My question is would I be able to ask the court to cancel / stop a hearing for an application for an Interim Charging Order if the claimant has already been paid and were paid before they had made the application?

Customer:

Also I have noticed the landlord have already put a note or charge on my property in Land registry records. Can they do that when the hearing hasn't even taken place and it will be heard on 18th of March?

Alex Watts : No you can't stop the court hearing. The other side can. But not you.
Alex Watts : Does that clsrify?
Customer:

Yes thank you and the second part of my question in relation to Land registry?

Alex Watts :

They can do it with an interim charging order - they would have been given this by the Court.

Alex Watts :

If the application is dismissed on 18th MArch it must be removed from Land Registry

Alex Watts :

Does that help?

Customer:

yes thank you.

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