data protection act

rpc

Thrugelmir wrote: »

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

Explicit authority is very rarely required. More usually, there is a data protection statement and if you proceed then the consent is implied.

If it was made clear that the information was for the purpose of deciding whether or not to grant a tenancy, then that is all that is required. The agent can then disclose the information in any reasonable way to support that declared use UNLESS the data protection statement imposed limits. Usually there will be a line that covers that - the agent cannot perform a credit check without making disclosures.

If the agent has made no statement regarding use of the information then they would be in hot water with the ICO.

So the question is really - "is it reasonable for the agent to pass personal information to the LL as part of referencing"

G_M

Many thanks all for the various contributions and opinions.

Once again it's reaffirmed my view that LAs have little knowledge, and should be trusted as far as I (bear in mind I'm a weakling) can throw them.

As my pot on selecting agents makes clear, before appointing one you need to dot the is and cross the ts in exactly what they will do/will not do.

Few LLs do this, especially the most vulnerable ones who simply rely on their agents to know best.