data protection

G_M

A landlord uses an agent for a fully managed service. Landlord requests the agent to provide the tenant's contact details (phone). Can the aget refuse based on data protection?

marksoton

Is this a trick question?!

I'd imagine no they can't as the LL has the contract with the tenant ?

anselld

I think not. Agent is simply an extension of the L so anything held for the purpose of the tenancy is held on behalf of the L.

How to convince the agent short of firing them though, that is another matter!

lewishardwick

Wasn't there regulations introduced to stop illegal migrants from renting by proving their right to stay (passport, visa etc)? I bet if the law came knocking the LA would quickly shift the blame onto the LL.

I think the LA is trying it on.

D_M_E

Don't know the definitive answer to your query, but I would think that it's information you would be entitled to.

What's to stop the landlord visiting the tenant if possible, and asking - taking round and offering your tea and cake to meet the tenant at a mutually agreed time, for example to see how tenant is settling in, and bringing it into the conversation?

Provision of such details can be made a condition of the agent's contract, I would have thought.

G_M

No, not a trick Q.

I've been asked this by an overseas landlord (so no possibility of a tea/cake visit) who has had this response from his agent.

I'd like to be able to refer to a legal source to give the LL who can then send it to the agent.

I agree a change of agent is one solution, but that has other implications.

Miss_Samantha

An agent cannot withhold anything from his principal, and just acts on his behalf.

marksoton

G_M wrote: »

No, not a trick Q.

I've been asked this by an overseas landlord (so no possibility of a tea/cake visit) who has had this response from his agent.

I'd like to be able to refer to a legal source to give the LL who can then send it to the agent.

I agree a change of agent is one solution, but that has other implications.

Fair enough!

Well if it were me i'd be throwing it straight back at the agent and demanding they provide the exact clause in the act that precludes them from providing the information.

Make them justify and do the legwork.

bouicca21

The LA was required to tell the tenant what information he/she holds and how he/she will use it. The terms usually proscribe passing the information held to a third party. So the question resolves itself into whether the landlord is a third party. That may depend on the contract between landlord and agent.

D_M_E

Don't know if this is relevant, but about 5 years ago I witnessed an accident.

Police were called and took details from both drivers and a few witnesses, myself included.

Both drivers did not exchange details, so one of them approached to police officer dealing with the incident and demanded the other driver's details as it was information he was entitled to.

Officer refused, so the man quoted various paragraphs from the Data Protection Act to him and again demanded the information. Turned out he was a solicitor whose job was only Data Protection so he should have known what he was talking about.

After the officer radio'ed his controllers for advice the information was passed on.

Given those circumstances i think your overseas LL is entitled to whatever information is held on the tenant by the agent, but I would add the caveat that any such information may have to be kept within the UK - there may be something in the acts to prevent its export, I don't if that is the case or not.

basil92

G_M wrote: »

No, not a trick Q.

I've been asked this by an overseas landlord (so no possibility of a tea/cake visit) who has had this response from his agent.

I'd like to be able to refer to a legal source to give the LL who can then send it to the agent.

I agree a change of agent is one solution, but that has other implications.

I use a LA which is a part of a firm of solicitors (well respected locally).

Fully managed by the LA but I had been given no information about my tenant, only confirmation that references and credit checks had been passed and that the deposit had been registered.

I asked for more information along with a copy of the signed tenancy agreement. They sent it straight away.

I might add that as I can view my account with them online, it appears any issues the tenant has had has been dealt with by the LA as they are under strict instructions to contact me first should any repairs need to be done or money spent.

They are doing their job and fully managing the let so far (hope I've not spoken too soon!) but have given me access to all the information I have requested regarding the tenant.