Credit Checks

Samwelly47

We have just used a letting agent to rent out our house, as we were unable to sell.

The letting agent advised that the results of the credit checks were protected by the Data Protection Act and the tenant would need to give consent to them being revealed to us (ie the landlord).

The tenant has now moved in, so probably no point in insisting on seeing them now. The letting agent assured us that the results were good enought to proceed with offering the lady the tenancy.

However, I am left wondering if this information was right. Surely, the landlord is entitled to see the credit checks?

Does anyone know anything about this subject?

kingstreet

The letting agent is the data controller in these circumstances. Disclosing the results to any third party, without the permission of the subject, would be a breach of the act.

danielanthony

It would only show a credit score, and not all the details of their finances (quite right too).

People have a right to privacy and you have instructed an agent to act on your behalf so you need to trust their judgement on the credit worthiness of the tenants. I doubt the tenants would have agreed to such checks if just to satisfy a nosey landlord.

whalster

And I doubt the tenant would have agreed to all the fees invoilved if he or she could have gone to the landlord direct! This would have been the time to take a proper look at who was letting your property from you run your own checks and save a lot of money all round
Can't have your cake and eat it though

legit-remit

hi sorry to tag onto your post, but i also need advice on credit checks for tenants. i have a potential tenant for my first ever letting, however the credit check charges of the agent is putting him off (aprox £300), as he works in finance and feels these are excessive, and can be done a lot cheaper (which i tend to agree)
i've seen companies such as rentchecks.com offer much cheaper checks, can anyone recommend this company or any other companies out there for the checks???

zappahey

Samwelly47 wrote: »

We have just used a letting agent to rent out our house, as we were unable to sell.

The letting agent advised that the results of the credit checks were protected by the Data Protection Act and the tenant would need to give consent to them being revealed to us (ie the landlord).



However, I am left wondering if this information was right. Surely, the landlord is entitled to see the credit checks?

Does anyone know anything about this subject?

My opinion is that they're spinning you a yarn. You are a party to the contract and, I assume, you are making the decision on whether to accept the tenant, therefore you have a valid reason for access to the information.

The DPA prohibits unjustified disclosure to a third party, you are not a third party in this case as the work is being done for you.

Fire_Fox

legit-remit wrote: »

hi sorry to tag onto your post, but i also need advice on credit checks for tenants. i have a potential tenant for my first ever letting, however the credit check charges of the agent is putting him off (aprox £300), as he works in finance and feels these are excessive, and can be done a lot cheaper (which i tend to agree)
i've seen companies such as rentchecks.com offer much cheaper checks, can anyone recommend this company or any other companies out there for the checks???

Usually letting agents do more than a credit check, they also take up references, didn't you check what your agent was doing for the money before signing with them? Why are you letting a potential tenant dictate to you?