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Right of tenant to see case file held by letting agents for tenancy agreement

2

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I'm unclear what information you are seeking (maybe I'm being slow today).

    * Rent arrears. You know what rent the tenancy requires; you know what you have paid. And if the LL is claiming arrears it is for the LL to prove the arrears.

    * Compensation for breach of contract from rent already paid. Again, you know what you have paid

    * Repairs required. You presumably know what repairing issues you reported. And what EH found.

    * As for what repairs were done and when, I don't really see why the communication between LL and agent is relevant. What matters is
    i) when the issues were reported and
    ii) when action was taken to fix them and
    iii) whether the fix was successful and
    iv) if not, what was then done and when

    If the agent delayed passing on reports to the LL, and/or the LL delayed responding to the agent, that is not relevant is it?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Scrootum wrote: »
    It is, I can assure you.

    Well please elaborate
  • Guest101
    Guest101 Posts: 15,764 Forumite
    ValHaller wrote: »
    For the most part, OP is NOT the data subject for the required information, the required information is mostly about the contract between LA and LL. So a SAR will not reveal the useful information.

    I must've misread the initial post, it suggested tenants information was required
  • Guest101
    Guest101 Posts: 15,764 Forumite
    thesaint wrote: »
    The contract is between the landlord and tenant, not letting agent and tenant.

    Letting agent receives SAR on the 1st January 2014.

    Letting agent writes back to tenant that as they do not have any further need for the file for the landlords agreement with the ex-tenant, so they gave it back to the landlord 2 weeks after the tenancy finished, once they informed the relevant authorities that the tenant had vacated the landlords property.

    ICO may or may not bother to contact the leting agent in March 2014.
    The letting agent repeats the above.

    As the tenancy has ended, that's a fair point
  • Ulfar
    Ulfar Posts: 1,309 Forumite
    When asking for a subject access request, be sure to ask for a copy of both clerical and computer records.

    If they don't respond or claim to have lost the file then complain to the Information Commissioner's Office.
  • sexki11en
    sexki11en Posts: 1,286 Forumite
    Guest101 wrote: »
    The fine could be bigger for not complying with dpa

    It's my understanding that the freedom of information act, outweighs the data protection act.

    SK x
    After 4 years of heartache, 3 rounds of IVF and 1 loss :A - we are finally expecting our miracle Ki11en - May 2014 :j

    And a VERY surprise miracle in March 2017!
  • Guest101
    Guest101 Posts: 15,764 Forumite
    sexki11en wrote: »
    It's my understanding that the freedom of information act, outweighs the data protection act.

    SK x

    They're seperate not one or the other
  • System
    System Posts: 178,375 Community Admin
    10,000 Posts Photogenic Name Dropper
    sexki11en wrote: »
    It's my understanding that the freedom of information act, outweighs the data protection act.

    SK x
    As neither the LL or the LA are public sector organisations then the FoI act does not apply
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • jamie11
    jamie11 Posts: 4,436 Forumite
    And if the LL is claiming arrears it is for the LL to prove the arrears.

    I don't agree G_M. it's for the tenant to prove payment.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    jamie11 wrote: »
    I don't agree G_M. it's for the tenant to prove payment.
    Hmmm, Interesting point and never having beentocourt over arrears I admit to uncertainty.

    But surely when anyone goes to court to claim anything, they have to prove their case to the court?
This discussion has been closed.
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