Old landlord given my new address to ex tenant

char_student

Anyone help me?

Bought a house in March 2012 and moved from my rented property to my new house. I paid my final gas and elec bills for old address. I keep receiving a few letters and bills from the time I left to when the new tenant moved in being sent to me from the old address. I think these are from the new tenant. I dont have proof but its not landlords writing and he didnt appear to know these things been sent to me.

I am really mad. I have sent these back to the old landlord, but where do I stand with regards to the old landlord given my address to the new tenant?

Ps these bills are addressed "to the occupier" so clearly not me

Ulfar

You would have to be able to prove a data protection breach which is difficult given other sources for someone to find your address.

I would open these letters when they arrive and contact the relevant utility companies and give them the landlords address, he is responsible for any bills during the period from the end of your tenancy to the start of the new one.

Hump

There's nothing wrong with the landlord giving the new tenant your new address in so much as he won't be subject to any data protection rules as a private individual (it would be different if a lettings agent did it)

jjlandlord

Hump wrote: »

There's nothing wrong with the landlord giving the new tenant your new address in so much as he won't be subject to any data protection rules as a private individual (it would be different if a lettings agent did it)

As far as I can see the Data Protection Act applies to anyone in the UK who handles personal data, not only companies (at least if data is collected for business purposes, which is what a landlord does).
It'd be too easy to circumvent otherwise, wouldn't it?

Ulfar

Hump wrote: »

There's nothing wrong with the landlord giving the new tenant your new address in so much as he won't be subject to any data protection rules as a private individual (it would be different if a lettings agent did it)

I disagree with this and so does the information commissioner see links below. A landlord isn't a private individual, they are handing over private details obtained as part of their operation as a business.

A landlord could legitimately supply an ex-tenants address to the current tenant if they have post addressed to the ex-tenant to forward to them without breaching the act.

As the bills are addressed to the occupier and are actually the landlords responsibility then there is no business need for the details to be handed over and this is a breach.

See :

http://www.tenantverify.co.uk/data-protection.htm

and

http://www.ico.gov.uk/for_the_public/topic_specific_guides/housing/landlords.aspx

Hump

Organisations that only process personal information for records or accounts and organisations that do not process personal information on computer can both be exempt from registration with the ICO - which means they are able to provide this information to third parties see http://www.ico.gov.uk/for_organisations/data_protection/the_guide/exemptions.aspx

jjlandlord

Hump wrote: »

Organisations that only process personal information for records or accounts and organisations that do not process personal information on computer can both be exempt from registration with the ICO - which means they are able to provide this information to third parties see http://www.ico.gov.uk/for_organisations/data_protection/the_guide/exemptions.aspx

Exemption from registration does not imply exemption from the Act.
It's even stated in the very link you've provided!

char_student

I am in the process of writing a letter to the landlord in question. I'm confused. Does he have to abide by the DPA?

jjlandlord

char_student wrote: »

Does he have to abide by the DPA?

Yes!

......

KateLiana27

Are you sure the landlord gave it out?

It's really quite scarily easy to find someone's address. You don't even need to bother with the electoral register nowadays - a quick bit of Google/stalker work is usually enough.

Maybe the new tenant got a couple of letters that were actually addressed to you (and so found out your name), and looked up the new address?

Write a polite letter to the new tenant telling him/her not to use your address in future.

Hump

OK I realise I'm probably wrong but the ICO also says in relations to 'data' that 'If the manual record is not processed automatically, is not an accessible record, not held as part of a relevant filing system and not held by a public authority, it will not be data for the purposes of the DPA.'

Section 68 DPA (1) In this Act “accessible record” means –
(a) a health record as defined by subsection (2),
(b) an educational record as defined by Schedule 11, or
(c) an accessible public record as defined by Schedule 12.
(2) In subsection (1)(a) “health record” means any record which –
(a) consists of information relating to the physical or mental health or condition of an
individual, and
(b) has been made by or on behalf of a health professional in connection with the care of that
individual.


So if you told your landlord your new address and the landlord just wrote it down (which I think is probably quite common for individuals) then I'm not convinced it's 'data' that needs protecting by the act

But I will concede the point as LLZ refugees are rarely wrong! (good night)