data protection act

Lord_Baltimore

I think the LA are statutorily prevented from releasing the information. And, if you think about it, so they should be.

Thrugelmir

G_M wrote: »

:rotfl: Nice one!

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

Yes that's the data that the Letting Agent holds on their files. That they are responsible for under the DPA.

* 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

With no authority from the prospective tenant releasing that data would be in breach of the DPA.

slopemaster

Guest101 wrote: »

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

That.s exactly what I was thinking.
In this case I wd be telling the agent that they have failed to find a (demonstrABLY) suitable tenant, so I will be disinstructing them and going to someone else.

jjlandlord

This thread just shows that the topic is poorly understood not only by letting agents.

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

This is another baseless and arbitrary distinction.

You could reply that (1) it is not possible to decide which applicant should become tenant without seeing the information, and (2) if they in effect make the decision for you surely they are also happy to provide compensation should their decision proves wrong.

agrinnall

jjlandlord wrote: »

This thread just shows that the topic is poorly understood not only by letting agents.



This is another baseless and arbitrary distinction.

Quite. And the obvious response by the LL to such a response from their LA should be to sack them and find another agent who will act in the LL's interests.

G_M

agrinnall wrote: »

Quite. And the obvious response by the LL to such a response from their LA should be to sack them and find another agent who will act in the LL's interests.

That will be my next advice. I've just drafted a suggested response for the LL:

Dear XXXX,

1) Please confirm the wording you use in your Tenant Application forms - including the Data Protection Act statement. I find it hard to believe that your standard wording does not obtain the tenant's consent for sharing with the landlord.

2) Please also forward a copy of the agency's DPA registration.

3) Please also review your understanding of the Law Of Agency.
"An Agent is defined as a relationship between two parties called PRINCIPAL and AGENT, whereby, the function of the agent is to create a contract/s between the principal and third parties( or to act as the representative of the principal in other ways)"
Thus information provided by the 3rd party to the agent is ipso facto provided to the prinipal.

4) For the avoidance of doubt or misunderstanding, you are not authorised to sign a tenancy agreement on my behalf until you receive my written agreement to the specific proposed tenant. Kindly be aware that consent will not be forthcoming without my first being provided with copies of all information you hold relating to the applicant.

Kindly aknowlege receipt of this email.

regards

Thrugelmir

jjlandlord wrote: »

You could reply that (1) it is not possible to decide which applicant should become tenant without seeing the information, and (2) if they in effect make the decision for you surely they are also happy to provide compensation should their decision proves wrong.

Then the LL should register themselves under the DPA. In order to handle personal data in the prescribed manner.

kinger101

There is some info here, but only a little refers to agents passing info on to LL (for referencing)

https://ico.org.uk/for-the-public/housing/landlords/

It indicates consent would need to be obtained at the time of referencing. I guess a similar principle should apply to other information. Having read this, I can't understand why a decent agent wouldn't get the consent, given it's the who needs to make the decision.

jjlandlord

Thrugelmir wrote: »

Then the LL should register themselves under the DPA. In order to handle personal data in the prescribed manner.

True.
However note that agents never enquire about this. They have no clue and just use the DPA as a blanket cover.

kinger101 wrote: »

It indicates consent would need to be obtained at the time of referencing.

People always quote this from the ICO and say that consent must be obtained.

(1) The ICO does not say that consent must be obtained, just that the use of the information must be made clear.

(2) It is unclear why the ICO thinks there is a barrier between an agent and his principal...

kinger101

jjlandlord wrote: »

True.
However note that agents never enquire about this. They have no clue and just use the DPA as a blanket cover.



People always quote this from the ICO and say that consent must be obtained.

(1) The ICO does not say that consent must be obtain, just that the use of the information must be made clear.

(2) It is unclear why the ICO thinks there is a barrier between an agent and his principal...

It is consent in a way, as it forms part of the conditions the tenant agrees to in initiating the referencing procedure.