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Letting agent sharing personal information without consent
Jenjulia
Posts: 8 Forumite
Please may I ask for some advice regarding a data protection breech by a letting agency. My daughter is a student and about to move into a house she is renting with 2 other students. Over the past few weeks the letting agency has been the cause of a great deal of confusion and frustration so I would deeply appreciate any thoughts/advice/suggestions on how to proceed. I’ve broken things down into a time line as I thought it would be easier to understand the situation this way.
May 2018
House found and tenancy applied for. D didn’t receive paperwork as promised from LA so queried why. LA confirmed they had used incorrect email address (LA had incorrectly input email address on their system). LA amends D’s email address and emails tenancy agreement to D. D signs and returns to LA.
07 June 2018
I receive guarantor contract, I sign and send back
D paid £700 deposit to landlord via internet banking.
Tenancy agreed to commence on 07 August 2018.
05 July 2018
D sets up account with bill company(Akasa) for her and 2 other tenants.
19 July 2018
D receives an email and text message from Glide informing her that LA had passed on her personal information to them (Glide) and requested an account is set up. D phoned Glide to ask why an account had been set up as she had not requested this. Glide informed D that LA had sent them her information as previous tenants had used Glide. D advised she did not know why the LA had for this as she had not given consent for her personal information to be released. Informed Glide that she had already instructed Akasa to deal with bills and did not want or need an account with Glide. Glide confirmed that an account had been opened in her name but if Akasa took over before the tenancy commenced Glide would not charge her. D confirmed with Glide she did not want their services and was remaining with Akasa. D did not sign any agreement with Glide for an account to be set up.
D then emailed Akasa to ensure the switch was in place for them to commence as bill provider when the tenancy commenced on 07 August. Akasa confirmed everything was in place and would commence as agreed.
27 July 2018
Akasa emailed D to confirm switch would take place on 05 August 2018 and payment would be requested for same day. Payment method set up by all 3 tenants.
31 July 2018
D emailed LA asking for meter reading as Akasa informed D the readings were needed to ensure double charging did not occur. D informed LA that she had instructed Akasa as bill provider but because they (LA) had instructed Glide to set an account there was a risk that D could be charged by both companies. D informed LA that this situation had occurred because their (LA’s) actions. D informed LA that she did not want to use Glide and wanted to remain with Akasa. LA stated that meter reading would be given on the first day of the tenancy to ensure they were not charged for any use prior to commencement of tenancy. LA did not explain why they have given Glide her personal information without her authority or knowledge.
06 August 2018
Tenancy is to commence next day but D is not moving in until la later date as she in in Thailand. LA sent email marked as urgent to D at 2pm saying she had to complete some paperwork or the keys would not released the keys to other 2 tenants in the morning. D asked why this hadn’t been requested before and explained she didn’t have the info available due to being in Thailand. LA insisted forms had been sent and D was at fault as she had failed to return the paperwork that was emailed to her and she had to complete these forms or the tenancy would not go ahead.
D questioned when and how paperwork was sent to her. LA confirmed the date the paperwork was emailed to D and she realised the LA had sent it to an incorrect email address. D reminded LA of their error with the email address and that they had sent her the tenancy agreement only. D was unaware there was further paperwork that she needed to complete and she did not did not receive any requests for missing paperwork.
As D was moving to an area without internet connection she asked me to sort out the paperwork on her behalf.
Whilst completing paperwork I note that LA requests permission for personal info to be passed to Glide. D had not received this form so LA never had permission to share any of D’s personal info and should not have done so. Forms completed and emailed with forms attached sent to LA asking why they had left it so late to check they had all the required paperwork and why D’s info had been given to Glide without her authorisation or knowledge. LA said they would respond once they had looked into the matter but never did.
07 August 2018
Tenancy commences and the other 2 tenants move into house.
D received an email from Glide requesting payment for services used. Glide does not explain what charges are for. D does not have info about account so is not able to check why she has been billed etc.
Questions
Am I right in believing that LA has breeched data protection rules by releasing her information to Glide without permission?
What action can D take against LA regarding DP breech and how does she do this?
What can D do about Glide and their request for payment?
Only info D has about tenancy deposit scheme is the name of deposit scheme that’s stated in her tenancy agreement. After checking the deposit has been secured via mydeposits. D has not received the tenancy deposit certificate or any information about the scheme etc. Can she take any further action regarding this? If she what and how can she do this?
May 2018
House found and tenancy applied for. D didn’t receive paperwork as promised from LA so queried why. LA confirmed they had used incorrect email address (LA had incorrectly input email address on their system). LA amends D’s email address and emails tenancy agreement to D. D signs and returns to LA.
07 June 2018
I receive guarantor contract, I sign and send back
D paid £700 deposit to landlord via internet banking.
Tenancy agreed to commence on 07 August 2018.
05 July 2018
D sets up account with bill company(Akasa) for her and 2 other tenants.
19 July 2018
D receives an email and text message from Glide informing her that LA had passed on her personal information to them (Glide) and requested an account is set up. D phoned Glide to ask why an account had been set up as she had not requested this. Glide informed D that LA had sent them her information as previous tenants had used Glide. D advised she did not know why the LA had for this as she had not given consent for her personal information to be released. Informed Glide that she had already instructed Akasa to deal with bills and did not want or need an account with Glide. Glide confirmed that an account had been opened in her name but if Akasa took over before the tenancy commenced Glide would not charge her. D confirmed with Glide she did not want their services and was remaining with Akasa. D did not sign any agreement with Glide for an account to be set up.
D then emailed Akasa to ensure the switch was in place for them to commence as bill provider when the tenancy commenced on 07 August. Akasa confirmed everything was in place and would commence as agreed.
27 July 2018
Akasa emailed D to confirm switch would take place on 05 August 2018 and payment would be requested for same day. Payment method set up by all 3 tenants.
31 July 2018
D emailed LA asking for meter reading as Akasa informed D the readings were needed to ensure double charging did not occur. D informed LA that she had instructed Akasa as bill provider but because they (LA) had instructed Glide to set an account there was a risk that D could be charged by both companies. D informed LA that this situation had occurred because their (LA’s) actions. D informed LA that she did not want to use Glide and wanted to remain with Akasa. LA stated that meter reading would be given on the first day of the tenancy to ensure they were not charged for any use prior to commencement of tenancy. LA did not explain why they have given Glide her personal information without her authority or knowledge.
06 August 2018
Tenancy is to commence next day but D is not moving in until la later date as she in in Thailand. LA sent email marked as urgent to D at 2pm saying she had to complete some paperwork or the keys would not released the keys to other 2 tenants in the morning. D asked why this hadn’t been requested before and explained she didn’t have the info available due to being in Thailand. LA insisted forms had been sent and D was at fault as she had failed to return the paperwork that was emailed to her and she had to complete these forms or the tenancy would not go ahead.
D questioned when and how paperwork was sent to her. LA confirmed the date the paperwork was emailed to D and she realised the LA had sent it to an incorrect email address. D reminded LA of their error with the email address and that they had sent her the tenancy agreement only. D was unaware there was further paperwork that she needed to complete and she did not did not receive any requests for missing paperwork.
As D was moving to an area without internet connection she asked me to sort out the paperwork on her behalf.
Whilst completing paperwork I note that LA requests permission for personal info to be passed to Glide. D had not received this form so LA never had permission to share any of D’s personal info and should not have done so. Forms completed and emailed with forms attached sent to LA asking why they had left it so late to check they had all the required paperwork and why D’s info had been given to Glide without her authorisation or knowledge. LA said they would respond once they had looked into the matter but never did.
07 August 2018
Tenancy commences and the other 2 tenants move into house.
D received an email from Glide requesting payment for services used. Glide does not explain what charges are for. D does not have info about account so is not able to check why she has been billed etc.
Questions
Am I right in believing that LA has breeched data protection rules by releasing her information to Glide without permission?
What action can D take against LA regarding DP breech and how does she do this?
What can D do about Glide and their request for payment?
Only info D has about tenancy deposit scheme is the name of deposit scheme that’s stated in her tenancy agreement. After checking the deposit has been secured via mydeposits. D has not received the tenancy deposit certificate or any information about the scheme etc. Can she take any further action regarding this? If she what and how can she do this?
0
Comments
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obviously yesAm I right in believing that LA has breeched data protection rules by releasing her information to Glide without permission?
are you sniffing for compensation? What financial loss has she incurred?What action can D take against LA regarding DP breech and how does she do this?
She has every right to use the LA's complaints process. Having then done so she can, if still required, complain to the ICO (who will ignore her as an isolated incident)
she can remind Glide that she instructed them to close the account as soon as she was made aware one had been set up. if she issued no such instruction then why did you not advise her to do so ?What can D do about Glide and their request for payment?
they have 30 days in which to provide it. has that period now lapsed?Only info D has about tenancy deposit scheme is the name of deposit scheme that’s stated in her tenancy agreement. After checking the deposit has been secured via mydeposits. D has not received the tenancy deposit certificate or any information about the scheme etc.
are you sniffing for compensation? What financial loss has she incurred?Can she take any further action regarding this? If she what and how can she do this?0 -
Probably best to let D sort this out.
It is not uncommon for the current utility provider to be given the name and start date of new tenants since they will have a "deemed" contract when the tenancy starts until a switch can be made. IFAIK name and start date would not be in breach of DP, indeed the Utilities ask for this (new occupiers) when you tell them you are moving out.
L has 30 days to protect deposit and would be very foolish not to do so. It may be protected as a single deposit with the details going to a "Lead Tenant", which may not be D.0 -
Thank you for your response, I’ve tried to answer your questions full but please let me know if you need any more info or clarification.
As stated above it’s not about financial gain it’s about ensuring the LA follows regulations and ensuring she and the other tenants are treated fairly and not advantage of.obviously yes
are you sniffing for compensation? What financial loss has she incurred?
No, it’s not. D isn’t motivated by financial gain, she is very passionate about doing what is right. She wants to make sure that the agent doesn’t do this in future to any other students. She also wants to make sure the agent knows she can’t be walked over and when th time comes for the deposit to be returned they don’t start playing games or invent excuses why the full deposit should be returned
She has asked the LA multiple times why her personal information was released without her consent but he refuses to answer. The LA does not seem concerned they have breached GDPR and that their failure to do so has caused problems for D because Glide are now demanding money from her. If the LA had not given them her information and requested an account is set up in her name D would not have the stress of dealing with Glide. If the LA received a financial penalty for failure to follow GDPR regulations it might stop them from doing this to other students.
She has every right to use the LA's complaints process. Having then done so she can, if still required, complain to the ICO (who will ignore her as an isolated incident) A complaint has been made to the LA which they acknowledged receipt of. LA said they would investigate the concerns within the complaint and let us know the outcome of the investigation. This has not happened and the complaint to the LA remains unresolved
she can remind Glide that she instructed them to close the account as soon as she was made aware one had been set up. if she issued no such instruction then why did you not advise her to do so ?
She has done this but Glide are not listening. Upon receiving an email from Glide that informed her an account had been set up in her name she contacted them immediately. D made it very clear to Glide that she had instructed Akasa to act on their behalf and she did not want an account set up in her name. Glide assured her that if Akasa had switched everything over prior to the tenancy commencing D would not be charged by them (Glide). D informed Akasa of Glide’s involvement and that she wanted to remain with Akasa, she asked Akasa for confirmation the switch would go ahead as agreed and everything would be switched over prior to the tenancy starting. Akasa assured D they would switch everything over to them on 05 August (2 days before the tenancy commenced) as promised the switch did take place in 05 August and D and other tenants have made their first payment to Akasa. Despite this Glide are still demanding payment The email states she is being charged for gas and electricity from 07 August to. 31 August.
they have 30 days in which to provide it. has that period now lapsed?
Yes, D paid deposit on 01 June 2018, so well past the 30 day mark. LA or LL has not confirmed or supplied any documentation regarding the deposit being secured. After rechecking her tenancy agreement we noted the name of the company to be used to secure the deposit so we did an online search for the company which confirmed the deposit has been secured. The online check asked for her rental postcode, surname and month/year deposit was paid, does this mean the LL/LA has secured each of the tenants deposits indidvually? D has not been been provided with any information or evidence about the deposit being secured.
are you sniffing for compensation? What financial loss has she incurred?
Please may I ask what action/how would you proceed regarding the above issues?0 -
Chances are that somewhere in the paperwork is that the LA will pass on details to various organisations.
If there really is a breach (which is unlikely) she can report to ICO and sue for compensation - data protection does not require a loss. Typical payouts are around the £700 mark.0 -
Deposit has been secured but D has not received any confirmation or details regarding thisProbably best to let D sort this out.
It is not uncommon for the current utility provider to be given the name and start date of new tenants since they will have a "deemed" contract when the tenancy starts until a switch can be made. IFAIK name and start date would not be in breach of DP, indeed the Utilities ask for this (new occupiers) when you tell them you are moving out. LA disclosed her name, address, email address and phone number to Glide. They did not seek or gain her permission to do so. Had they informed D of their intention to supply Glide with this information she would have informed them that she had signed a contract with Akasa to provide a bill service upon the commencement of the tenancy. There was never a need for Glide to have her information as everything was switched over 2 days prior to the tenancy commencing.
L has 30 days to protect deposit and would be very foolish not to do so. It may be protected as a single deposit with the details going to a "Lead Tenant", which may not be D.0 -
Changing utility supplier doesn't happen instantaneously. Glide are the current suppliers and your daughter will in all likelihood have an account with them until Akasa start supplying.
I know that whenever I've left a property the utility suppliers have asked who has bought it/moving in/the landlord and I've supplied those details. Outgoing occupants have given my details. I've never felt the need to get my knickers in a twist about it or join a forum to write a diatribe about it.
Has your daughter checked the paperwork to see what it says about passing details to utility suppliers?
As for the prescribed information (deposit) those details are often only sent to the lead tenant in the case of a joint tenancy.0 -
Permission (or consent) isn't the only grounds on which the LA/LL could rely on to provide the information to Glide or another utility provider. It may be covered in the paperwork she didn't complete and return, but doesn't necessarily mean they have breached the data protection regulations.
For example, there is a ground for 'legitimate interests' in processing data held, and the details of a new tenant being passed to a utility provider could fall under that. Your daughter, at a minimum, should chase up the complaint and see what grounds they state. If unhappy, make a complaint to the ICO.
On the deposit, I'd be happy that it is protected but chase up the confirmation and leave it at that.0 -
We have gone over all the of the paperwork that LA has given D and asked her to sign. There is no mention of passing her personal information onto Glide (or anybody else) within these doscuments and she had not given authorisation for the release of her personal information.
The LA emailed D the night before the tenancy was due to start informing her that there was paperwork missing. Within this paperwork was the request asking for permission to disclose her personal information to be disclosed. As D was on holiday in Thailand she asked me to complete the paperwork on her behalf and confirmed wit( the LA she had given me authority to do so. When I completed the forms I made it very clear that permission was not given for D’s information to be disclosed.
In summary D is 100% confident that LA has never had authorisation to disclose her personal information so they have breached GDPR regulations. What it the best course of action to take against the LA?
Thank you for all your advice and assistance0 -
By all means complain, but you need to pick your battles - chances are your daughter is going to need to contact the LA to fix an issue at some point, probably not worth souring a relationship that usually always goes through some strain this early on in the tenancy.Despite my name, I'm not a student any more0
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Your daughter is a student and is passionate about doing the right thing so I'm sure she has Googled/Binged/Duck Duck Go'd this already but just in case she hasn't or hasn't relayed this information to you, she would report the letting agent to the ICO as other posters have already said.0
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