Tenants - are you happy for your personal data to be shared ?

tbs624

Callie22 wrote: »

.. I don't want my LL to become my new best friend, but I'm quite happy to meet you to show that I've got a life, and furniture, and a job, and I'm not likely to disappear in the middle of the night. ..

The current system of credit checking, referencing etc works well enough provided that LLs bother to use it correctly in the first place.

Sadly, most LLs will not be prepared, in return, to offer you any "evidence" to support your hopes that they will not disappear in the middle of the night, as their property is repossessed, your tenancy agreement is effectively reneged upon and your tenancy deposit disappears along with the LL , having never been scheme registered. Even where the LL meets his/her mortgage payments, what assurance is there for Ts that their potential LL is going to stick to his s11 repairing obligations?

Callie22

tbs624 wrote: »

The current system of credit checking, referencing etc works well enough provided that LLs bother to use it correctly in the first place.

Sadly, most LLs will not be prepared, in return, to offer you any "evidence" to support your hopes that they will not disappear in the middle of the night, as their property is repossessed, your tenancy agreement is effectively reneged upon and your tenancy deposit disappears along with the LL , having never been scheme registered. Even where the LL meets his/her mortgage payments, what assurance is there for Ts that their potential LL is going to stick to his s11 repairing obligations?

Oh, I completely agree. I know for a fact that the deposit for our current property is not scheme registered, but really, what can I do about it? Make a fuss and get myself evicted? We've also been waiting a year for some repairs to the property, but again, beyond paying for them myself what can I do about it? Make a fuss and get myself evicted? Also, given the amount of post we have delivered here for the LL, most of it bank statements and letters from property investment companies (I haven't opened it, but I know what a bank statement/building society statement looks like and I can read addresses printed on envelopes) I'm also guessing that my LL is apparently still living here from a financial point of view, but again, what can I do about it? Make a fuss and get myself evicted? We can't afford to move at the moment so the reality is we have to put up and shut up.

The problem is that the LL/T relationship is ultimately unfair. I would love better protection as a tenant but realistically, given that the government has encouraged people to invest in property rather than pensions I can't see any moves to further regulate LLs coming any time soon. I don't honestly believe that we need 'more' regulation anyway, just that what already exists needs to be better enforced and there needs to be a move towards more transparency in the whole transaction.

And to answer the inevitable question - why don't you just move? Well a) we can't afford it at the moment, b) I'm sick of moving every six months so I'm willing to keep my mouth shut if I can stay somewhere for longer than that and c) probably rather worryingly, my current LL is probably the 'best' LL I've had in a long time, and better the devil you know and all that ...

tbs624

clutton wrote: »

the DP issues have been very thoroughly debated over on Property Tribes forum if anyone wants to read over there...

Indeed they have been debated over there, but the vast majority of PT forum frequenters are LLs rather than Ts, so its interesting to hear what Ts , as potential data subjects, think about the LRS website.

clutton wrote: »

Having lost a considerable amount of money last year i have signed up...

Up to now i have received the name and NI number of a tenant submitted by another landlord ... thats all ..... if i want further information (if that tenant were to approach me for a tenancy for example) i contact LRS who put me in contact with the ex-landlord and i would speak on the phone to him/her about said tenant.

AFIAA, as a member you would receive regular notifications about Ts in your letting area whose name, NINO etc had been uploaded by a previous LL, in addition to being able to search for a specific potential T's information.

I may be wrong, but posts elsewhere suggest that this is the case -perhaps you could clarify for us Clutton?

*Do* you receive information in this way, on Ts who have not ever applied to you for a tenancy and who probably may never do so?

RecoveringAlcoholic

Thanks for the info.

Will be telling my friends about the site.

.

bitsandpieces

Even if the use of data is DPA compliant, there is also an obligation to take reasonable steps to keep it secure. Does LRS do this? Someone fresh out of prison for identity theft could quite legally set up 'Freddy the Fraudster Letting Agency' the same week they're released - could they immediately (before even taking on any properties to let) register on this site and access all the tenant info on there?

clutton_2

tbs - i only joined last week and have not as yet uploaded any of my "bad" ex-tenants' details.... so i am not in a position to add any more than i have already posted.

MissMoneypenny

lynzpower wrote: »

When I speak to the information commissioner Ill be finding out if I can also run my own alternative site for tenants to upload information regarding their terrible landlords as well . Of course theyll have an opportuniy to upload photos full descriptions of any problems theyve had.....

I tend to have a hotline to the ICO think they know me there.

Don't forget to put on your site that it is free; that you make your money from advertising and the opinions of those who subscribe to the site, are not yours. That way the person uploading the information can be the one who falls foul of the Data Protection Act, the Human Rights act, libel, and is the one who gets sued.;)

sp1987

Does this database not raise an acute problem of tenant blacklisting according to the whims of an Agent/Landlord.

I can appreciate that whilst a Landlord would like to have a list of 'bad' tenants and tenants would love a list of 'bad' landlords, the scope for abuse on this is huge.

Our previous letting agents/ll referred to myself and my partner as 'troublemakers' as we spent months and months phoning, writing and ultimately winning a court claim for partial rent for months where maintenance had been requested, granted and then totally ignored. We only threatened court action to get them to actually do the maintenance...we were shocked when we actually had to fill the forms in. From the bundles received, the in house solicitor was absolutely at home with writing generic defences (make of that what you will). Obviously to the agents/LL we are 'problem tenants'. However, to the judge in our case and anyone else we were tenants who paid all rent in advance, never worked to withold rent or make any strange threats not to leave or whatever else people may consider doing.

Do you see where I am going with it? A tenant could keep entirely to their side of the tenancy, pay their rent on time, act in a tenant-like manner and enforce their rights legally after a good bat of patience and 'maybe they forgot, give them a chance' yet be declared a 'problem' tenant because their wanting ammenities to work is apparently a stretch too far for landlord and agent. To a landlord who ensures things are working when you move in, I am a good tenant. I am a nightmare to somebody who lies and refuses to understand their obligations (even after months of gentle and polite requests).

clutton_2

you raise excellent points sp 1987 - a LL database and/or a Tenant Database is fraught with difficulties.....

tbs - it is not like you to be so vehemently exagerative - you say

""Sadly, most LLs will not be prepared, in return, to offer you any "evidence" to support your hopes that they will not disappear in the middle of the night, as their property is repossessed, your tenancy agreement is effectively reneged upon and your tenancy deposit disappears along with the LL , having never been scheme registered. Even where the LL meets his/her mortgage payments, what assurance is there for Ts that their potential LL is going to stick to his s11 repairing obligations?

(my underlining)


as i keep on saying DPS publishes that only 6% of deposits go into dispute... so it is simply not true to say Most landlords do anything... in the same way it is not true to say Most tenants do anything....

sp1987

clutton wrote: »

you raise excellent points sp 1987 - a LL database and/or a Tenant Database is fraught with difficulties.....

tbs - it is not like you to be so vehemently exagerative - you say

""Sadly, most LLs will not be prepared, in return, to offer you any "evidence" to support your hopes that they will not disappear in the middle of the night, as their property is repossessed, your tenancy agreement is effectively reneged upon and your tenancy deposit disappears along with the LL , having never been scheme registered. Even where the LL meets his/her mortgage payments, what assurance is there for Ts that their potential LL is going to stick to his s11 repairing obligations?

(my underlining)


as i keep on saying DPS publishes that only 6% of deposits go into dispute... so it is simply not true to say Most landlords do anything... in the same way it is not true to say Most tenants do anything....

I also note a possible issue with regard to the 'Tenant Information Request' form found in pdf format at;

http://www.landlordreferencing.co.uk/contents/en-uk/LRS_Tenant_Information_Request.pdf

This states that the information can only be sent to the named individual at the named address, sounds good at first glance doesn't it?

Until you remember that a tenant would be blacklisted for previous properties at which they have lived. Therefore the site only offers an individual the opportunity to request information held (with or without data protection issues, I'd say there is probably a legal argument there regarding handling my information especially as I'm an avid reader of anything I sign) on their current address, to be sent to their current address. Now I don't know about anyone else, but I dare say most tenants blacklisted would be because they didn't pay rent/upped and left/left the property in poor repair/somehow left the landlord out of pocket at the point of leaving/annoyed them in some way, even asserting their rights. Most complaints/reviews would then only be left after departure, howsoever caused (especially where a 'problem' tenant has a pending court case which might be possibly swayed by 'my landlord slags me off on the internet without my permission'). So, essentially the request form will not give more or less anyone any information at all. I don't need to know whether my current landlord has written things about me as they would be good. I keep his property very well and neither he nor the agent have heard anything from me since I moved in. I don't want anything and plan not to want anything, lol.

I currently live at 1 Mill Street (obviously not my real address, but you get my drift). My problem address was 25 Baker Street. So how am I ever to retrieve this information?

I think that form would faulter in a legal challenge. It essentially prevents a past tenant ever finding out what information is held on them.