data protection

G_M

Found some useful info here :

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

The nearest scenario is

Can landlords see references which were provided to the letting agents?

The agent can pass this information to the landlord, as long as, when the reference is asked for, they make clear to the tenant and the referee that this will happen.

So the lesson seems to be that landlords should instruct their agents from the outset to inform all tenants /prospective tenants, that the information may be passed on to the landlord.

Miss_Samantha

The issue is that this guidance from the ICO has no basis in law. Their guidance is a best practice.

marksoton

Is this relevant?

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-8-international/

theartfullodger

G_M wrote: »

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?

That depends on the landlord/agent agreement terms & conditions, tenant/agent agreement, or such specific instructions landlord has given agent.

If an agent refused to provide I'd fire them, but that's another matter.

G_M

Miss_Samantha wrote: »

The issue is that this guidance from the ICO has no basis in law. Their guidance is a best practice.

Thanks. But the practical issue is persuading an agent of this. Short of going to court.

A statutory source, or court precedent, or common law reference etc might persuade them, but i've not found one.

marksoton

G_M wrote: »

Thanks. But the practical issue is persuading an agent of this. Short of going to court.

A statutory source, or court precedent, or common law reference etc might persuade them, but i've not found one.

I have to ask. Why?

G_M

Why have I not found one?

Or why do I want/need one?

Or why does the landlord in question want the information?

a) because I'm too lazy to look, and

b) because the agent in question is not going to shift their position without some persuasion.

c) I guess to make contact with the tenant.

davidmcn

G_M wrote: »

Thanks. But the practical issue is persuading an agent of this. Short of going to court.

A statutory source, or court precedent, or common law reference etc might persuade them, but i've not found one.

It's just basic common law of agency. The agent's file is the landlord's file.

Thrugelmir

Letting Agency is the Data Controller. For what reason would the LL need to make direct communication? Has the tenant consented to his personal details being released?

Miss_Samantha

Thrugelmir wrote: »

Letting Agency is the Data Controller.

What makes you think that?