tenants rights to see information held

squashynose

Long story short, re our bond. It has gone to dispute, filed by the letting agency, and we received the forms today.

I have emailed the letting agency asking for full resolution copies of the photographs on our check in and check out inventory, as the only copies I have are the paper print outs I was given, and no detail can be seen at all. I have also asked for the office notes, because they're now claiming we never allowed them access for inspections, and that we never told them about the electrical fire, even though one of their members of staff came and took photos of the damage at the time.

I just want to know whether I am within my rights to request this information, and whether they are obligated to provide it under Data Protection, subject access request etc.

They have washed their hands of the whole thing, saying it's not their problem any more, so wont give me anything.

tAny help with this would be much appreciated, Thanks

Hump

They should be registered see http://www.ico.gov.uk/what_we_cover/register_of_data_controllers.aspx and should supply a copy of everything they have on you, though they may charge a fee - but they don't have to be very quick!

BitterAndTwisted

What about the descriptions of on the inventory? Did you see, agree and sign it, and did you see copies of those as well at the time? Do you have reason to believe that they are not dated or not dated correctly?

When the fire occurred did you notify the agent/landlord about that in writing?

squashynose

Hump wrote: »

They should be registered see http://www.ico.gov.uk/what_we_cover/register_of_data_controllers.aspx and should supply a copy of everything they have on you, though they may charge a fee - but they don't have to be very quick!

Thank you, yes they are registered. I know they have to show you all personal info they hold, but not sure whether office notes re our tenancy would count? Ideally I'd like a list of the complaints we made, dates and times of phone calls etc. as well as the landlord's responses/excuses for not doing repairs.

BitterAndTwisted wrote: »

What about the descriptions of on the inventory? Did you see, agree and sign it, and did you see copies of those as well at the time? Do you have reason to believe that they are not dated or not dated correctly?

When the fire occurred did you notify the agent/landlord about that in writing?

I'll admit we were rather naive when dealing with them, and their own proceedure for reporting repairs or damage etc. is via phone, all their paperwork tells us to call. In hindsight, I know why, so there is no paper trail!! After the electric shock a few months ago, we refused to talk to them over the phone and have everything subsequently via email.

The check in inventory was ammended by myself, and signed/dated. But in the blurry photos you can see picture hooks on the wall that aren't in the write up in the inventory. There are numerous items on the photos which aren't mentioned, and now we are being charged to remove them! The landlord's possessions!! I want the full res photos to send to the tds for dispute, but letting agents are saying I should have kept them originally, so it's my own fault I never had them.

Ulfar

When you request your subject access request make sure you ask for all information including written as well as electronic, they have to supply all information concerning you, this would include records of phone calls.

jaymo2010

A subject access request only covers personal data that they hold about you. They will probably say that the information about the inventory relates to the property so they could decide not to provide you with this information, however just because they're not obligated to provide this information doesn't mean that the company won't make a business decision to provide you with what you have requested - particularly if some of the documents you've already had sight of at some point.

The best thing to do is put down in a bullet point list exactly what you're looking for - call logs, call recordings, complaints, tenancy file, etc and the timescales that you're looking for. It makes it easier for the company to find the information that you're looking for, saves you receiving information that you're not concerned with and may help you receive what you need prior to the 40 calendar days that the company has to provide you with the information.

It's advisable to include a £10 cheque (they'll return it if they don't charge for Subject Access Requests) and provide any reference numbers (and remember to sign the letter) so they can check your identity and mean there shouldn't be any delay or hold-ups.

squashynose

Also I am requesting a copy of all office notes regarding our tenancy, and correspondences with the landlord regarding any issues we raised with yourselves, also full resolution copies of all photographs of the property, from before the tenancy, the check in inventory, the sales department, photos taken during all inspections (including those taken by Alex of the burnt door), and photos from the check out inventory.

Also, please can you provide me with dates and times of all the booked sales viewings at the property during our tenancy. If need be, please forward this to the relevant department so that it can be done.

I think you will agree that we are within our rights to have a copy of all information held about us and the tenancy, and any information which would be pertinent to the dispute.

Please respond to this email as quickly as you can, as you are aware we have a very short time period in which to complete the dispute forms. Please do not delay in your response in order to gather information, this can be sent separately at a later date.

Their response:

With regards to your requested information, I also understand from Emma that you have been provided with a copy of the check our report. As for the other requested information, unfortunately we have filed our independent case to the TDS on behalf of our client, the landlord. Therefore we have no responsibility to provide you with copies of emails or photographs taken. These should have been kept by you for your records already. It also would have been your responsibility to have taken any necessary photograghs while you were occupying the property and also on vacation of the property to help with your own defence.
!
All matters relating to the above property are now been dealt with through the TDS.

I don't know, but she really doesn't want to help us in any way, and will avoid it where possible.
I don't know whether it's a lost cause

Ulfar

Your request was incorrect in you were asking for specifics. You didn't advise that you were making a subject access request for both electronic and written information held about yourself under the data protection act.

rentergirl

Ulfar wrote: »

Your request was incorrect in you were asking for specifics. You didn't advise that you were making a subject access request for both electronic and written information held about yourself under the data protection act.

Everything in writing, and recorded delivery. Now: they have to disclose, are treating your deposit like extra income and might belong to a professionla body (one exists) so try them. ARLA might help...

squashynose

No, that was what I already asked for, last week. But she's adamant that she won't give me anything. I don't want to send a subject access request unless I am actually entitled to see what I'm asking for... If that makes sense? There isn't going to be any "business decision" to just give over info, they're still bring paid by the landlord, so won't help us out of the kindness of their hearts. I just need to know whether I have the right to ask for stuff or not. I'm guessing not, with the tenancy file and photos etc. because they're not personal info, but call logs maybe?

At least I can show tds that the letting agents are actually withholding evidence but they're blatantly lying, saying there's no proof of fires, even though one of the staff came to take photos of one, and landlord repaired after the other, and saying we didn't allow them access EVER, even though we had 3 or 4 inspections, and 9 or 10 sales viewings :mad: