Rent Guarantor query

Keto_Plastics

Hi all

I have a question about what a EA can contact a Rent Guarantor for (RG) ?

Specifically can they contact the RG for anything other than if I fail to pay the rent or damage the property and do not pay for it ? (for example to discuss business I have with the EA / LL that has nothing to do with rent / paying for damages)

IF they did contact them for anything other than rent or paying for damages isn't that against the data protection act ?

Thanks

marliepanda

It!!!8217;ll be a lot easier if you tell us what they!!!8217;ve contacted your guarantor about..

John-K_3

Which piece of the data protection act do you think that they are breaching?

Keto_Plastics

marliepanda wrote: »

It!!!8217;ll be a lot easier if you tell us what they!!!8217;ve contacted your guarantor about..

I recently told them I will not be moving from the property on the day they want me to (this Monday coming the 5th March ) they then rang my guarantor talking about the process of going to court and that they (the RG) would have to appear at court and talking about various stuff to do with me not moving, and absolutely nothing to do with what a guarantor's duties is (myself defaulting on rent and refusing to pay for damages if any)

Rent has always been paid in full on or before the day it is due by standing order and I have not done any damage to the property, in fact I have done the total opposite, replaced kitchen for a brand new one

Keto_Plastics

John-K wrote: »

Which piece of the data protection act do you think that they are breaching?

Not sure what section and so on, that's why I asked in here, but talking about business I have with them with a third party without my knowledge or consent is as far as I am aware is in breach of the data protection act

steampowered

I don't think this is a breach of the data protection act. Contacting a guarantor to let them know of a potential legal claim against them sounds like a legitimate use of personal data to me.

Keto_Plastics

steampowered wrote: »

I don't think this is a breach of the data protection act. Contacting a guarantor to let them know of a potential legal claim against them sounds like a legitimate use of personal data to me.

As far as I am aware they are only meant to contact the RG if I default on rent or cause damage to the property and refuse to pay,
I see Your point with the court case but the court case is neither here nor there and I do reckon they should not have contacted the RG until a time when they have a need to contact them if i default on rent or cause damage and refuse to pay or refuse to pay court costs (seeing as I have not done any of those and the case has not been to court yet I reckon it is a breach of the data protection act due to them talking about details of my actions with a third party)

There is no potential legal claim yet against the RG at the time of them contacting the RG
It does seem like they contacted the RG to start trouble for myself in an attempt to get me to move out on the 5th march, so the RG can also lay pressure on me to move

John-K_3

Keto_Plastics wrote: »

Not sure what section and so on, that's why I asked in here, but talking about business I have with them with a third party without my knowledge or consent is as far as I am aware is in breach of the data protection act

As far as you are aware, which bit do you think they are breaching?

You seem to be saying both that you do not know what the act says and that they are breaching it.

Which is it?

John-K_3

Keto_Plastics wrote: »

It does seem like they contacted the RG to start trouble for myself in an attempt to get me to move out on the 5th march, so the RG can also lay pressure on me to move

Sounds like a smart move really. Lateral thinking.

Thrugelmir

Keto_Plastics wrote: »

I see Your point with the court case but the court case is neither here nor there and I do reckon they should not have contacted the RG until a time when they have a need to contact them if i default on rent or cause damage and refuse to pay or refuse to pay court costs (seeing as I have not done any of those and the case has not been to court yet I reckon it is a breach of the data protection act due to them talking about details of my actions with a third party)

Certainly is relevant. If the RG has a liability as a consequence of the action. Failure to notify would potentially leave the RG with a valid defence. As most certainly they have a direct interest in the action.

PersianCatLady

Keto_Plastics wrote: »

I recently told them I will not be moving from the property on the day they want me to (this Monday coming the 5th March ) they then rang my guarantor talking about the process of going to court and that they (the RG) would have to appear at court and talking about various stuff to do with me not moving, and absolutely nothing to do with what a guarantor's duties is (myself defaulting on rent and refusing to pay for damages if any)

Rent has always been paid in full on or before the day it is due by standing order and I have not done any damage to the property, in fact I have done the total opposite, replaced kitchen for a brand new one

I think that the EA was absolutely correct in notifying the RG of this because it could potentially end up costing the RG and or the LL a lot of money.

I am almost certain that as part of the AST you will have agreed to the EA / LL being able to contact the RG without your permission.

As for Data Protection Act, I don't believe anything here constitutes a breach of that.