Unintended Consequences of Business Transparency

[Andy M]

This morning I've had quite an interesting conversation with a high court enforcement officer who has performed an eviction at a property I own.

The eviction has been a protracted affair. The tenant has a recent history of mental health problems and we have regrettably had to serve him with an eviction notice due to his repeated failure to allow a Gas Safe inspector access to the property to carry out an annual gas safety check (a legal requirement).

I'm told that the tenant was "on the rampage" and has left the property in a "right state". Menacingly, the tenant informed the bailiff that he's been able to retrieve my personal details by searching Land Registry and Companies House, and is aware of where I and my family live.

Aside from being alarmed at the obvious threat made against me and my family, I'm surprised to learn that my personal details are so easily available as I've always taken care to use service addresses on all tenancy agreements and company filings etc. I've checked Companies House and my home address is listed in 'persons with significant control'.

In this case the horse has already bolted, but I've still spoken to our accountant who has requested the necessary forms from companies house to allow my wife and I to restrict the disclosure of our information. He informs me that the process can take months(!) and, because no crime has taken place, it is by no means certain that companies house will approve the request.

I understand the requirement for business transparency and for actions to prevent money laundering, but I'm less than impressed at my family having needlessly been placed in this position.

Aside from Companies House agreeing to have our details removed, are there any other steps we can reasonably take to prevent anything like this happening in the future? Is there an anti-money laundering compliant method of not having your personal details listed (I'm informed Scottish Limited Partnerships allowed this until recently)?

Please don't answer: perform better referencing of prospective tenants. The tenant in question is/was a young professional who has only had issues since splitting from a partner who also used to tenant the property.

[The Moose]

Have you checked the land registry?

[Andy M]

The Moose said:

Have you checked the land registry?

Yes, my business address is listed on each of the properties we own.

[Toaster Pilot]

I also use service addresses for my companies although was quite shocked to find that you can look up the VAT information for the one that is VAT registered very easily and get my home address (you can't use a registered address / PO box service for VAT)

I suspect your accountant has submitted your PSC information incorrectly though - I can see many examples of PSC entries at service addresses if I search Companies House for the one I use.... (including my own)

Edited by Toaster Pilot on Thursday 12th October 16:12

[superlightr]

OP - whats companies house got to do with it? Are you a director of a company registered to your address? Does your company rent the house out as a landlord?

Under various tenancy laws the tenant is legally entitled to your (the landlords) address if asked and you have to provide it within 14 days. But that's completely separate to companies house and any infor they may keep on you as a director.

Edited by superlightr on Thursday 12th October 19:25

[Toaster Pilot]

superlightr said:

OP - whats companies house got to do with it? Are you a director of a company registered to your address? Does your company rent the house out as a landlord?

Under various tenancy laws the tenant is legally entitled to your address if asked and you have to provide it within 14 days. So that's completely separate to companies house.

Sounds like his company is the legal owner of the property - Companies House has everything to do with it.

[superlightr]

Toaster Pilot said:

superlightr said:

OP - whats companies house got to do with it? Are you a director of a company registered to your address? Does your company rent the house out as a landlord?

Under various tenancy laws the tenant is legally entitled to your address if asked and you have to provide it within 14 days. So that's completely separate to companies house.

Sounds like his company is the legal owner of the property - Companies House has everything to do with it.

its not clear from the OP ?

[Toaster Pilot]

He said in his next post that the company is the owner at the Land Registry

[The Moose]

superlightr said:

Under various tenancy laws the tenant is legally entitled to your (the landlords) address if asked and you have to provide it within 14 days. But that's completely separate to companies house and any infor they may keep on you as a director.

Is the tenant legally entitled to the landlord's personal residential address or an address for the landlord?

[Toaster Pilot]

The Moose said:

Is the tenant legally entitled to the landlord's personal residential address or an address for the landlord?

If the landlord is Definitely Not Dodgy Residential Limited then the personal address of a director isn’t important.

FWIW, any AST I’ve ever seen where the landlord has been a person rather than a company has had their residential address listed in addition to details of their agent.

Edited by Toaster Pilot on Thursday 12th October 20:58

[The Moose]

Toaster Pilot said:

The Moose said:

Is the tenant legally entitled to the landlord's personal residential address or an address for the landlord?

If the landlord is Definitely Not Dodgy Residential Limited then the personal address of a director isn’t important.

FWIW, any AST I’ve ever seen where the landlord has been a person rather than a company has had their residential address listed in addition to details of their agent.

Edited by Toaster Pilot on Thursday 12th October 20:58

Our personal addresses go on all our tenancy agreements regardless, however I was curious as to whether the tenant was legally entitled to know the landlords' personal address or just an address to which they can write.

Just curious.

[superlightr]

The Moose said:

Our personal addresses go on all our tenancy agreements regardless, however I was curious as to whether the tenant was legally entitled to know the landlords' personal address or just an address to which they can write.

Just curious.

good question - I understand its and address for service of legal documents but not sure.

[Andy M]

Thanks for your replies.

From what I understand the tenant had obtained the company name from Land Registry (it would also be on his AST). He then searched Companies House where he found the Director’s details (still listing the company address), but also my home address which is currently listed under Persons of Significant Control.

My birth month and year is also listed which, with a little digging, helps access further information.

To return to the original question, is it possible to have my home address and birthdate removed from all sections of Companies House which are accessible to the public?

[Eric Mc]

Owning and operating a limited company comes with a number of requirements that can be less than ideal. It's the price that people have to pay for going down the limited company route.

In more recent years, company law has introduced changes that allow a limited company to use PO Box numbers (with restrictions) as Registered Office addresses.

Companies can also use a someone else's address as a Registered Office. Obviously, the "someone else" has to be in agreement with this - it usually means using the address of the accountant, solicitor or a company that provides a Registered Office address service.

[RM]

Andy M said:

Thanks for your replies.

From what I understand the tenant had obtained the company name from Land Registry (it would also be on his AST). He then searched Companies House where he found the Director’s details (still listing the company address), but also my home address which is currently listed under Persons of Significant Control.

My birth month and year is also listed which, with a little digging, helps access further information.

To return to the original question, is it possible to have my home address and birthdate removed from all sections of Companies House which are accessible to the public?

Sounds like someone screwed up the confirmation statement, the accountant perhaps? Companies House should publish the service address of the PSC (normally the registered office), but should not publish the residential address. Perhaps they swapped them?

See https://companieshouse.blog.gov.uk/2016/03/22/chan...

Note the term "service address" in this context is not the same as using registered address service.

Your accountant is talking about suppressing all your details, which takes time and under extreme circumstances. This is not needed, your residential address should not be published normally.

Birthdate will show month and year, but not day.

[Eric Mc]

Older Annual Returns did show full birth dates and they are still visible at Companies House.

[cheekymeerkat]

I've seen company accounts at Companies House with directors full signatures before, ready to be used fraudulently.
Although I've noticed lately these are now thankfully redacted and blocked out!

[AB]

Not ideal. I never liked the idea of my home address being public like that. Was naive when I first set up my businesses and registered address is now our accountants but unfortunately the record of change of address is still there for all to see including old address.

[RM]

Eric Mc said:

Older Annual Returns did show full birth dates and they are still visible at Companies House.

Yes, but OP mentions PSC and that just birth month and year are visible, so I assume this is from a confirmation statement not an annual return?

[Eric Mc]

RM said:

Eric Mc said:

Older Annual Returns did show full birth dates and they are still visible at Companies House.

Yes, but OP mentions PSC and that just birth month and year are visible, so I assume this is from a confirmation statement not an annual return?

I was speaking in general terms. Companies that have been around a for a few years will have filed some Annual Returns which were more revealing than Confirmation Statements.