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  • FIRST POST
    • mrkjd
    • By mrkjd 13th Oct 16, 1:30 AM
    • 23Posts
    • 2Thanks
    mrkjd
    Unethical agent
    • #1
    • 13th Oct 16, 1:30 AM
    Unethical agent 13th Oct 16 at 1:30 AM
    I am in dispute with my landlord and agent and have been getting advice from a colleague. I accidentally sent an email intended for this colleague to the agent. The agent passed the email to the landlord and their solicitor then sent me an email saying they had received an email from me by accident and had deleted it.

    Now I know it was a stupid mistake on my part and the agent has a duty towards their client the landlord but they also have a duty of care to me as tenant. I further understand that an agent would do nothing that may ' harm' their client but forwarding an email sent in error seems to go beyond that. I believe the agent may be in breach of the DPA or similar confidentiality legislation for not keeping the information in the email confidential. It certainly seems disingenuous for them to acknowledge it was sent in error and say they deleted it but to actually have forwarded it to others.

    Apart from the fact that I'm an idiot, what do people think of this situation? There was nothing particularly embarrassing in the information which discussed our small claims case against the landlord.
Page 1
    • Guest101
    • By Guest101 13th Oct 16, 1:48 AM
    • 12,052 Posts
    • 11,476 Thanks
    Guest101
    • #2
    • 13th Oct 16, 1:48 AM
    • #2
    • 13th Oct 16, 1:48 AM
    Perhaps ( and it really is a perhaps ) sharing with a unrelated third party could possibly ( though very unlikely ) breach some form of privacy provision.

    BUT they didn't do that. They passed it into the LL and the solicitor, both of with are perfectly acceptable.

    The LL because they are the agent of the LL, in other words they are the eyes and ears of the LL, there is not duty of care towards you.

    And the solicitor as obviously it's perfectly reasonable to seek legal guidance.

    What exactly do you think this will achieve??
    • anselld
    • By anselld 13th Oct 16, 6:21 AM
    • 4,871 Posts
    • 4,324 Thanks
    anselld
    • #3
    • 13th Oct 16, 6:21 AM
    • #3
    • 13th Oct 16, 6:21 AM
    If your small claims case has any merit then it will make no difference that you have accidentally disclosed its details to the L. In fact you would need to disclose details of your claim in a Letter Before Action anyway.
    • davidmcn
    • By davidmcn 13th Oct 16, 7:57 AM
    • 3,885 Posts
    • 3,452 Thanks
    davidmcn
    • #4
    • 13th Oct 16, 7:57 AM
    • #4
    • 13th Oct 16, 7:57 AM
    There was nothing particularly embarrassing in the information
    Originally posted by mrkjd
    Then forget about it.
    • MEM62
    • By MEM62 13th Oct 16, 11:09 AM
    • 965 Posts
    • 634 Thanks
    MEM62
    • #5
    • 13th Oct 16, 11:09 AM
    • #5
    • 13th Oct 16, 11:09 AM
    Why would you expect an estate agent to be ethical? A risky assumption in most circumstances.

    Unless there was a confidentiality statement on the bottom of the email (This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed etc etc..) there is little action that you can take.
    Forget it, move on and concentrate your efforts on getting the best outcome you can in respect of the actual dispute.
    • Guest101
    • By Guest101 13th Oct 16, 11:18 AM
    • 12,052 Posts
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    Guest101
    • #6
    • 13th Oct 16, 11:18 AM
    • #6
    • 13th Oct 16, 11:18 AM
    Why would you expect an estate agent to be ethical? A risky assumption in most circumstances.

    Unless there was a confidentiality statement on the bottom of the email (This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed etc etc..) there is little action that you can take.
    Forget it, move on and concentrate your efforts on getting the best outcome you can in respect of the actual dispute.
    Originally posted by MEM62


    To be honest those disclaimers are worthless.


    It's not possible to impose a unilateral confidentiality clause in this country.


    It works the same as: Trespassers will be prosecuted signs. (Trespassing is not a criminal offence)
    • rtho782
    • By rtho782 13th Oct 16, 12:49 PM
    • 627 Posts
    • 406 Thanks
    rtho782
    • #7
    • 13th Oct 16, 12:49 PM
    • #7
    • 13th Oct 16, 12:49 PM

    It works the same as: Trespassers will be prosecuted signs. (Trespassing is not a criminal offence)
    Originally posted by Guest101
    I always took those signs as a statement that they will bring a private civil prosecution against any trespassers.
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    • Guest101
    • By Guest101 13th Oct 16, 12:51 PM
    • 12,052 Posts
    • 11,476 Thanks
    Guest101
    • #8
    • 13th Oct 16, 12:51 PM
    • #8
    • 13th Oct 16, 12:51 PM
    I always took those signs as a statement that they will bring a private civil prosecution against any trespassers.
    Originally posted by rtho782


    What's a 'private civil prosecution'?
    • mrkjd
    • By mrkjd 13th Oct 16, 3:25 PM
    • 23 Posts
    • 2 Thanks
    mrkjd
    • #9
    • 13th Oct 16, 3:25 PM
    • #9
    • 13th Oct 16, 3:25 PM
    The agent does have a duty of care towards a tenant as he took monies to process our information and has a role which provides a function to us as representative of the landlord. He also has a Code of Practice to abide by.

    What I am trying to achieve is to demonstrate the poor attitude of this agent in respect to the handling of our tenancy and whether this episode serves as a further example of that attitude. It I not about impact on the SCC. I understand that there may be no "loss" resultant from his action but that does not make what he did correct. Hence posting here for opinion tO see if there is any legislative cover for actions like this.
    • davidmcn
    • By davidmcn 13th Oct 16, 4:08 PM
    • 3,885 Posts
    • 3,452 Thanks
    davidmcn
    The agent does have a duty of care towards a tenant as he took monies to process our information and has a role which provides a function to us as representative of the landlord. He also has a Code of Practice to abide by.

    What I am trying to achieve is to demonstrate the poor attitude of this agent in respect to the handling of our tenancy and whether this episode serves as a further example of that attitude. It I not about impact on the SCC. I understand that there may be no "loss" resultant from his action but that does not make what he did correct. Hence posting here for opinion tO see if there is any legislative cover for actions like this.
    Originally posted by mrkjd
    Given that it's happened, and there's no loss, I'm not sure what sort of "cover" you're seeking?
    • HouseBuyer77
    • By HouseBuyer77 13th Oct 16, 4:23 PM
    • 757 Posts
    • 716 Thanks
    HouseBuyer77
    Without more specific details of your small claims case and what you sent to them it's hard to really judge the situation.

    Though remember the agent is the LL's agent. They are there to represent the LL's interest. Sending them an email/letter is in some ways as good as sending the LL themself the email/letter.

    It seems the solicitor involved deleted the email once it was forwarded to them and then recognised you sent to the agent by the mistake?

    Frankly sounds like a storm in a tea-cup. As anselld said if the claim has any merit it doesn't really matter if you disclose part of your discussion about it to the agent. It's not as if this is a complex case and you've just disclosed part of your defence strategy!
    • Guest101
    • By Guest101 13th Oct 16, 4:47 PM
    • 12,052 Posts
    • 11,476 Thanks
    Guest101
    The agent does have a duty of care - Not legally speaking. towards a tenant as he took monies to process our information - Which they did and that was concluded prior to the tenancy starting. and has a role which provides a function to us as representative of the landlord. He also has a Code of Practice to abide by. - The code of practice will not prevent the agent passing information to the Landlord, infact agency law requires them to act in the best interests of the principal.

    What I am trying to achieve is to demonstrate the poor attitude of this agent - I fail to see a poor attitude (atleast on the agents behalf) in respect to the handling of our tenancy and whether this episode serves as a further example of that attitude - it doesn't in the sense of passing on information to the principal, and the legal representative there of. . It I not about impact on the SCC. I understand that there may be no "loss" resultant from his action but that does not make what he did correct. - What they did is fine. Honestly you have no case in respect of this email. Hence posting here for opinion tO see if there is any legislative cover for actions like this.
    Originally posted by mrkjd

    There is, the agent MUST act in the best interests of their client.
    • Guest101
    • By Guest101 13th Oct 16, 4:49 PM
    • 12,052 Posts
    • 11,476 Thanks
    Guest101
    Without more specific details of your small claims case and what you sent to them it's hard to really judge the situation.

    Though remember the agent is the LL's agent. They are there to represent the LL's interest. Sending them an email/letter is in some ways as good as sending the LL themself the email/letter.

    It seems the solicitor involved deleted the email once it was forwarded to them and then recognised you sent to the agent by the mistake?

    Frankly sounds like a storm in a tea-cup. As anselld said if the claim has any merit it doesn't really matter if you disclose part of your discussion about it to the agent. It's not as if this is a complex case and you've just disclosed part of your defence strategy!
    Originally posted by HouseBuyer77


    It's a non-case as far as I know, as the OP is claiming revenge eviction, even though the LL correctly waited 6 months from receiving the improvement notice (or similar)


    - see OPs other (now locked) thread
    • mrkjd
    • By mrkjd 14th Oct 16, 11:25 AM
    • 23 Posts
    • 2 Thanks
    mrkjd
    Guest 101, the SCC is not in regard to revenge eviction but thanks for your other post breaking down my questions. It seems the consensus is that I have little grounds to add this matter to my broader case.
    • Guest101
    • By Guest101 14th Oct 16, 11:27 AM
    • 12,052 Posts
    • 11,476 Thanks
    Guest101
    Guest 101, the SCC is not in regard to revenge eviction but thanks for your other post breaking down my questions. It seems the consensus is that I have little grounds to add this matter to my broader case.
    Originally posted by mrkjd
    The problem is ofcourse we don't know what your SCC is about?


    You must understand though, small claims courts deal with money.


    You haven't lost anything by them forwarding your email.
    • Miss Samantha
    • By Miss Samantha 14th Oct 16, 2:05 PM
    • 911 Posts
    • 874 Thanks
    Miss Samantha
    Thank you to whomever reported my post as inappropriate.

    For the record I had just suggested that OP should perhaps spend more time checking his emails before sending them and less discussing them on internet forums.
    If anyone felt hurt by that, well in the adult world truth hurts sometimes.
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