(01420) 565310
(01420) 562782
instructions@painsmith.co.uk
Painsmith Solicitors Limited trading as Painsmith Solicitors, Director: Marveen Smith. Registered No. 07617210.
Website designed and built by Bluebit Ltd
Emma SomersetEmma qualified as a solicitor in 2010 after completing her academic training at Bournemouth University and the University of Law, Guildford.
After undertaking her training contract at a large firm on the south coast she began her career with the same firm before accepting a position with PainSmith Solicitors in November 2012.
Emma specialises in all aspects of property litigation and can assist in resolving most disputes, regularly acting for landlords and land owners in connection with dilapidations disputes, forfeiture and possession claims, land registration disputes, building and boundary disputes, and recovery of arrears and other debts.
Emma is also able to draft up to date tenancy documentation, being fully conversant with all relevant requirements and guidance that applies to this heavily regulated and changing area. She has been praised for her ability to quickly understand her clients’ objectives and for offering commercial, pragmatic advice in a straightforward manner.
Alexandra RusuDavid Whitney is a solicitor and mediator. Prior to joining PainSmith five years ago he was a Partner in a West London practice. He has practised in the field of landlord and tenant law for about 20 years and has over the last 15 years developed a specialism in long residential leasehold work. His work encompasses dealing with all aspects of landlord and tenant including dilapidations claims, repossessions, enfranchisement, lease extensions, RTM applications and service charge disputes to name a few. In the past 12 months alone David has assisted over 200 hundred flat owners to either purchase their freehold or extend their lease. David understands the, often, competing interests of differing parties and prides himself on giving clients pragmatic and commercial advice. David also sits as a fee-paid Judge of the First Tier Tribunal (Property Chamber) on the Southern Region and as a member of its mediation panel.
Laura SimpsonLaura graduated from the University of Portsmouth in 2013 with a degree in Law with Business. This year, Laura also completed the Legal Practice Course.
Prior to joining PainSmith Solicitors, Laura worked for a local council. She has the experience and knowledge to confidently handle her own caseload across a range of property matters and uses her understanding of business to ensure that she produces practical commercial solutions to client’s problems.
Sian MeredithSian graduated from the University of Portsmouth in 2015. Sian has an in-depth knowledge of possession proceedings and debt recovery.
Sian will commence her LPC in September 2016.
Richard PulfordRichard came to PainSmith in August 2011 as a Paralegal after graduating with a degree in law from the University of Sheffield. Whilst working for PainSmith he completed the Legal Practice Course at weekends completed a training contract at the firm and has been taken on by the firm as a fully qualified Solicitor. After receiving considerable training provided by PainSmith, Richard joined the legal helpline and has been one of the advisers on the helpline for over four years.
He has over five years of experience in Landlord and Tenant law and his normal work load ranges from case handling of possession matters, deposit disputes, drafting of tenancy agreements, advising on HMO properties and debt and disrepair claims. He is experienced in lengthy and complex litigation and settlement negotiations.
David WhitneyDavid Whitney is a solicitor and mediator. Prior to joining PainSmith five years ago he was a Partner in a West London practice. He has practised in the field of landlord and tenant law for about 20 years and has over the last 15 years developed a specialism in long residential leasehold work. His work encompasses dealing with all aspects of landlord and tenant including dilapidations claims, repossessions, enfranchisement, lease extensions, RTM applications and service charge disputes to name a few. In the past 12 months alone David has assisted over 200 hundred flat owners to either purchase their freehold or extend their lease. David understands the, often, competing interests of differing parties and prides himself on giving clients pragmatic and commercial advice. David also sits as a fee-paid Judge of the First Tier Tribunal (Property Chamber) on the Southern Region and as a member of its mediation panel.
Marveen SmithMarveen Smith was one of the founders of PainSmith Solicitors in 2001 and has been the only Principal of PainSmith Solicitors a niche firm who are specialists in property law since 2006. Marveen has a background in accountancy and tax; forging a second career in law by qualifying as a Solicitor before starting her own practice. As well as working in her legal practice daily Marveen is one of the trainers for ARLA and other organisations presenting legal courses throughout the country; giving presentations at regional meetings for ARLA; and at seminars for landlords. Marveen has made regular appearances on Money Box for Radio 4 and Watchdog where she endeavoured to balance the one sided view of letting agents that can be presented by the media, as well as disseminating information to enable landlords to act in a more professional capacity. Marveen was the first person to establish a legal helpline for landlords and agents; and to offer both standard and bespoke documents designed specifically for the lettings industry. Today PainSmith offers a wide choice of legal documents to satisfy the requirements of both relocation companies, letting agents and landlords.
Data Protection
We often get asked whether and in what circumstances landlords, tenants, agents and contractors can give out each other’s details of and those of other third parties. The main concern is not to breach the Data Protection Act 1998. Anyone who processes personal information must comply with eight principles of the Data Protection Act, which make sure that personal information is:
• Fairly and lawfully processed
• Processed for limited purposes
• Adequate, relevant and not excessive
• Accurate and up to date
• Not kept for longer than is necessary
• Processed in line with your rights
• Secure
• Not transferred to other countries without adequate protection
Unlawfully obtaining or accessing personal data is a criminal offence under s55 of the Date Protection Act 1998. Organisations processing personal information are required to register with the ICO. Failure to notify is a criminal offence. The ICO provides a checklist to organisations to check if they need to register. However lettings agents do generally process personal data ( e.g. tenants’ financial information) and if so should register.
There is a useful guide on the Information Commissioner’s website here.
Below is a list of the most common queries we get, and our answers
(with reasons).
1. Can an agent give out tenant referencing details to a landlord?
We say: Yes, the agent has collected the information as agent of the landlord, on behalf of the landlord. The Information Commission adds that the agent should make it clear to the tenants/guarantors that this will happen when the information is taken.
2. Can an agent give out landlord’s details to the tenant?
We say: It depends. If the tenant requests the landlord’s name and address in writing from the agent, section 1 of the Landlord and Tenant Act 1985 requires that the agent must supply the tenant with that information within 21 days of receipt. Criminal sanctions apply for failure to comply. There is a duty to disclose the name and address of all directors and company secretary to a corporate landlord. However where not required by statute, an agent should get the landlord’s permission before handing information to the tenant.
3. Can an agent/landlord give out tenant details to utility companies where there are unpaid bills?
We say: Yes the utility company may need the forwarding address of the former tenant to recover unpaid bills, or to return funds. The information commissioner adds that there should be a clause in the tenancy agreement setting out that this may happen.
4. Can landlords give former tenants details to enquiry agents/tracing agents in order to recover unpaid rent/ issue debt proceedings?
We say: yes – but again the ICO says it is good practice to notify the tenants in the tenancy agreement that this might happen.
5. Can landlords/agents give tenant’s details to guarantors?
We say: only to the extent that it relates to the guarantee. So you need to see whether the information you are passing on relates to the guarantee (e.g. it would probably be relevant to say there are rental arrears but not to notify the guarantor that the tenants have had a baby and the date of birth and name of that baby, for example).
6. Can landlords/agents give tenant’s information to the Local Authority/ Police?
We say: again, it depends. Local Authorities do have powers to request personal information, and so do the Police. However they should be able to provide authority – to demonstrate that they have authority to ask, and that a landlord/agent has the duty to disclose.
7. If the tenant requests to see the tenancy file, does the agent have to disclose the entire file?
We say: No. The tenant should make a subject access request. The file belongs to the landlord. You do not have to supply information about other people. The agent should send a redacted copy and even then only needs to provide personal information. This does not mean the agent’s management log for example.
What are the sanctions for breaching the Data Protection Act? The Information Commission can order the offender to stop the breach. For serious breaches monetary penalties can be given and criminal prosecutions brought. See here: http://www.ico.org.uk/enforcement/prosecutions
In general the best place to go for those concerned about Data Protection is the ICO website. They have useful guides and checklists, as well as news and updates.