Landlord Credit check without my permission

RedRocket2017

I have gone forward with a private tenancy, a private landlord, he requested that I pay a deposit on it to secure it after viewing it 10 days ago - the deposit was paid to his bank account without any formal documentation being provided by him. One week later, he still has not sent me a tenancy agreement.
When we agreed to go forward, he told me needed a written confirmation of my employment (which I provided), and a written landlord's reference (which I provided). He didn't believe the employment confirmation, and he actually rang my employers and gave them the third degree...and then he still didn't believe it and called me to give me the third degree as well, wanting to know all about my responsibilities at work - like a job interview and it was VERY intrusive. Then he said he would send me a tenancy agreement but it would take a few days. So, he still has my money, and I have nothing in writing, and I need to move in 8 days.

Today I got an email notification from a credit agency, saying that he had done a credit search, and asking me to log in to verify the details on my report. AT NO TIME DID HE SAY HE WOULD DO THIS, AND I HAVE NOT GIVEN MY PERMISSION FOR IT. He did not mention it all. I am disgusted at his behaviour, this is illegal to do a search without someone's permission. What legal recourse do I have at this point? I do not want to go forward with the tenancy due to his inappropriate behaviour and due to his illegal intrusion into my private data without my permission. I definitely want to take legal action against him, and I want to get the money back that I have paid him.

Any advice on how to do this? What is the name of the law that has been broken by doing a search without my permission?

worried_jim

Which credit agency emailed you? I can't see how anyone with out a credit licence could even contact a CRA about a third party?

The only law to be broken would be the dpa by the CRA.

DoaM

RedRocket2017 wrote: »

the deposit was paid to his bank account without any formal documentation being provided by him

You fell at the first hurdle ... that should have been your first warning sign.

RedRocket2017

The company that emailed me was called Mudhut.com - advising me that they had provided a full credit history to this person. I emailed them back to say that a credit check had NOT been discussed and I had NOT given consent to this person for a credit check.
They wrote back to say, not their problem, the landlord told them that he had permission. I've contacted the ICO - Information Commissioners Office, to report both the agency and the landlord for accessing my private information without my permission.

THE ICO will take action for breach of DPA, but on a civil level, can I take legal action against him for doing this? His behaviour is disgusting...my employers couldn't believe how he spoke to them on the phone, he didn't believe anything they said and was very argumentative.

theartfullodger

So he's not a landlord you'd want to ever have, is he? (He sounds like a complete kn*b...)

What has your financial loss been over this? Sue him for that:

NB Is this in Scotland??

DoaM

RedRocket2017 wrote: »

THE ICO will take action for breach of DPA, but on a civil level, can I take legal action against him for doing this?

Yes you can ... and successful claims have ranged between £250 and £750. Whether you'd win is another matter.

IAmWales

RedRocket2017 wrote: »

THE ICO will take action for breach of DPA, but on a civil level, can I take legal action against him for doing this? His behaviour is disgusting...my employers couldn't believe how he spoke to them on the phone, he didn't believe anything they said and was very argumentative.

What losses have you incurred? That's what a court would look at.

The ICO may instruct the LL to give you £50. How much compo are you looking for?

RedRocket2017

It's not so much a matter of compensation for me - it's more the absolute intrusion of privacy - and the illegal method that he used to get this data without my consent. I'm completely disgusted.
Losses that I've suffered? I now have 8 days to find somewhere to live, and he has my deposit which I was required to do a bank transfer for.

RedRocket2017

@theartfullodger - you're right he is a kn*b and lots of other expletives as well.

This is England.

Yes, I'm going to be homeless in just over a week's time now. He has delayed and delayed and provided no reason, although he's been sitting on my deposit, and still has the property advertised on Rightmove via an agent. I found it on Gumtree as a private let. He expressly told me he needed the employment confirmation and landlord reference - and he's had both, and phoned both as well since he didn't believe the written documents...and then still didn't believe it after speaking with them. I'm so disgusted by his behavior...and to be be left in the high stress situation of having to find a new property within a few days, I'm simply appalled.

Pixie5740

There are 3 credit reference agencies in the UK and mudhut.com are not one of them.

What information do you believe they have accessed? Like any of these tenant referencing agencies the only information they can access is what's out there in the public domain already such as the electrical register, bankruptcy and County Court Judgements. Which specific law(s) do you think have been broken?

Yes this person you were going to rent from sounds like a knob so request the holding deposit you have paid back. As for suing him for additional money well anyone can sue anyone for anything but it doesn't mean you have a case.

Out,_Vile_Jelly

RedRocket2017 wrote: »

I found it on Gumtree as a private let.

Home of big fat hairy scams unfortunately. A reputable LL quite reasonably wishing to avoid agency fees should be happy to show you ID and provide documentation for every transaction.