Access to a file held by letting agent

Boatdweller

Miss_Samantha wrote: »

You didn't carry out any referencing?

I wasn't allowed to send the results of the referencing, tenant had to send a separate request to the company to did that to see the results. (checked this with both the company, and property solicitor)

Miss_Samantha

Boatdweller wrote: »

I wasn't allowed to send the results of the referencing, tenant had to send a separate request to the company to did that to see the results. (checked this with both the company, and property solicitor)

You held the result of the referencing, i.e. personal information: You had to disclose the information you held.

Clearly your property solicitor was not au fait of non-property-related matters.

Boatdweller

Miss_Samantha wrote: »

You held the result of the referencing, i.e. personal information: You had to disclose the information you held.

Clearly your property solicitor was not au fait of non-property-related matters.

Nope, the referencing company agreed that it wasn't something I was able to disclose, it was for them to disclose not me. It's not for us to pass on to anyone. We're not allowed the tenant or LL to see it.

Miss_Samantha

Boatdweller wrote: »

Nope, the referencing company agreed that it wasn't something I was able to disclose, it was for them to disclose not me. It's not for us to pass on to anyone. We're not allowed the tenant or LL to see it.

What the referencing company said does not matter. You must pass the information as part of a subject access request.
If you wish to seek guidance, request it from a knowledgeable solicitor or the ICO.

Moreover, you are not entitled to withhold the information from your principal (the landlord) who is the person you collected the information on behalf of (Law of agency 101)

Mrs_pbradley936

Miss_Samantha wrote: »

What the referencing company said does not matter. You must pass the information as part of a subject access request.
If you wish to seek guidance, request it from a knowledgeable solicitor or the ICO.

Moreover, you are not entitled to withhold the information from your principal (the landlord) who is the person you collected the information on behalf of (Law of agency 101)

What about if there was no information of any merit to pass on? I am not familiar with references but what if they just said " this person would not be deemed a suitable tenant".

I think a person with skeletons in their cupboard or anyone with poor finances would know and be unlikely to pay for checks into their background. Anybody they thinks they have nothing to fear would probably say "what - why are my references bad?" at which point the estate agent directs them to the checking firm. It is then for the checking firm to disclose the information to the applicant.

I have never seen any bad references on my tenants - they have good references and we proceed. My agent has never said "Oh well MR xyz has huge debts and a CCJ dating back to 2013"

thesaint

Mrs_pbradley936 wrote: »

What about if there was no information of any merit to pass on?

I have read the ICO's guidance,and it doesn't mention "merit".

Let's be honest, if a tenant makes a request, all you have to do is send them minmal information, and say that is all you have(as long as this is true).

In my case, at most I would make them wait the full 40 days, and then send them a copy of their tenancy agreement. I wouldn't expect the ICO to raid my office looking for more information to form a prosecution a week later.

Miss_Samantha

A tenant applying for a tenancy with an agent fills in an application form, a referencing form, etc. That's a whole lot of personal information.

thesaint

Miss_Samantha wrote: »

A tenant applying for a tenancy with an agent fills in an application form, a referencing form, etc. That's a whole lot of personal information.

They may do.
The agent may or may not keep it. After all, once given and checked, it has served its purpose.

Miss_Samantha

thesaint wrote: »

They may do.
The agent may or may not keep it. After all, once given and checked, it has served its purpose.

Poor agents may do that. Good agents will keep the details for a few years.

If you genuinely have discarded the information then fine. But it would be beyond stupid to withhold it.

thesaint

Miss_Samantha wrote: »

Poor agents may do that. Good agents will keep the details for a few years.
.

I hate to see the whole "poor agents/ poor landlords" do this or that.
Not doing something they are not required does not make one poor. Conversely, if they did so doesn't make them "good".

Miss_Samantha wrote: »

If you genuinely have discarded the information then fine. But it would be beyond stupid to withhold it.

I would never advocate someone witholding information they are legally compelled to give, but I will say it again, the likelihood of anything happening is slim to nil.