data protection act

G_M

Anyone familiar with the DPA and related rules?

Specifically, where a letting agent quotes 'Data protection' as a reason for witholding from a landlord information they hold on a tenant, which part of the Act, or subsequent amendment etc, or court decisions, can be quoted to convince them otherwise?

General_Grant

G_M wrote: »

Anyone familiar with the DPA and related rules?

Specifically, where a letting agent quotes 'Data protection' as a reason for witholding from a landlord information they hold on a tenant, which part of the Act, or subsequent amendment etc, or court decisions, can be quoted to convince them otherwise?

What is it that you want to know about the tenant?

What do the EAs say to tenants about why they want the data, what they do with it, and who has access to it?

theartfullodger

My understanding was always that the agent was just that - the landlord's agent - and as such everything they have relating to the landlord (eg applications, references etc,..) he was entitled to see..

See also..
http://www.landlordzone.co.uk/content/absconded-tenant-data-protection

I would be inclined to write to agent and state you require these data in connection with prospective legal proceedings & as such (see S35..) DPA does not apply. When they enquire what legal proceedings state you suing them (I assume you are LL...)

However see what ICO says on the subject here - they say not a clear-cut right...
https://ico.org.uk/for-the-public/housing/landlords/
&
http://blog.painsmith.co.uk/tag/data-protection/

Expecting a lettings agent to understand the law, on any subject, is likely to lead to disappointment & tears - or worse...

Good luck!

Thrugelmir

G_M wrote: »

Anyone familiar with the DPA and related rules?

Specifically, where a letting agent quotes 'Data protection' as a reason for witholding from a landlord information they hold on a tenant, which part of the Act, or subsequent amendment etc, or court decisions, can be quoted to convince them otherwise?

The starting question is what data are you specifically referring to.

There's absolutely no grounds for the LL to have carte blanche access to the Letting Agents files.

RAS

I would try and get hold of two things:

1. Copy of the application form that tenants sign
2. A copy of the company's DPA registration

Our application form specifically states that the applicant gives us permisison to communicate x,y, ad z to certain people.

For an EA I would expect LLs to be able to see the application form and all supporting evidence, fo example.

What you may have is a EA who failed to write a proper DPA statement into their form?

Guest101

Technically this is the only time that tenants have a contract with the agency. And they pay for the service.

Now the DPA is not client privilege, however they must have authorisation to release information.

Usually this is part of the application process.

I don't believe it is a statutory requirement to release. So what does contract say?

jjlandlord

Thrugelmir wrote: »

There's absolutely no grounds for the LL to have carte blanche access to the Letting Agents files.

It's the other way round, actually: The agent, acting as agent of his principal, cannot withhold anything.

This the basis of the law of agency, in the same way we are familiar with in a standard employer-employee relationship.

Guest101 wrote: »

Technically this is the only time that tenants have a contract with the agency. And they pay for the service.

I don't know where you got that, but it is absolutely and completely baseless.

theartfullodger

Guest101 wrote: »

Technically this is the only time that tenants have a contract with the agency. And they pay for the service....

Good point: But they don;t always pay.. (landlord or agent may..)

Guest101

jjlandlord wrote: »

It's the other way round, actually: The agent, acting as agent of his principal, cannot withhold anything.

This the basis of the law of agency, in the same way we are familiar with in a standard employer-employee relationship.



I don't know where you got that, but it is absolutely and completely baseless.

Baseless?

So a private company offers a service in exchange for payment, but no contract is formed?

The contract is limited. I'm not saying that they are an agent for the tenant. But there is a clear sale of services.

G_M

Thrugelmir wrote: »

The starting question is what data are you specifically referring to.

There's absolutely no grounds for the LL to have carte blanche access to the Letting Agents files.

:rotfl: Nice one!

No, clearly I'm referring to data relating to the tenant. Or in his case, prospective tenant/applicant.

I'm not the LL here - I have clearcut understandings with any agents I use for Tenant-Find - it's another LL who has been stonewalled by LA.

The agent is asking if the applicant is acceptable to the LL, but providing the barest of details. I drafted an email for said LL:

With regards to data protection, please be advised that any informtion you have, you hold on my behalf as my agent. Thus the Data Protection Act does not prevent you sharing that information with me. Kindly forward for my consideration copies of:

* his tenancy application form
* the applicant's ID
* his employment references confirming employment status, salary etc together wih employer contact details
* his credit check
* his previous landlord reference

to which the reply was:

You may have that information after he becomes your tenant. He has not paid the holding deposit nor signed a tenancy agreement.

Helpful!

Guest101

G_M wrote: »

:rotfl: Nice one!

No, clearly I'm referring to data relating to the tenant. Or in his case, prospective tenant/applicant.

I'm not the LL here - I have clearcut understandings with any agents I use for Tenant-Find - it's another LL who has been stonewalled by LA.

The agent is asking if the applicant is acceptable to the LL, but providing the barest of details. I drafted an email for said LL:

to which the reply was:

Helpful!

Tbh it's what his find a tenant contract says.

I know more FOI than DPA, but it does restrict data sharing without consent.

So if the tenant hasn't consented then I suppose they can't share it.

The simplest solution seems to be to say no.

I wonder if this is the agents way on ensuring they get paid. Ie LL doesn't go behind their backs.

Like recruitment agencies always saying 'our client is...'