Letting agents and GDPR breach?

christie2501

Hello,

I’m due to vacate my rented house on 27th of April as agreed with LL, he manages the property privately but has called upon a letting agent to manage the transition to a new tenant.

Since they have taken over with the management I have been compliant and accommodating with viewings and visits to the property for photos etc.. whilst I have been off work for 2 weeks but I am now back in work as a teacher so I’m moving and being a mother to a 5 yo in between! However, they have now started asking if they can come into the house to have a decorater price up how much it may cost to “spruce up” the property and begin to decorate the ceilings. I’ve explained to them on numerous occasions that I will now be working up until the date I move out so can’t accommodate him between packing, tip runs etc.. However, they have now passed on my details to a number of different decorators and explained that if I can’t let the decorators into the property they will use their spare key to gain access.

I understand completely that there are jobs that need doing but for the sake of 2 days can they not just leave me to it? I’m 21 weeks pregnant, in quite ill health and on my own with a 5 year old so just need to pack in peace now!

Is there some sort of law against them sending my number to different contractors for this reason? I know in school I can’t give out information due to GDPR and would like to think that letting agents are bound by the same terms!

Any help appreciated (sorry a bit long winded!)

cooltt

christie2501 wrote: »

Hello,

I’m due to vacate my rented house on 27th of April as agreed with LL, he manages the property privately but has called upon a letting agent to manage the transition to a new tenant.

Since they have taken over with the management I have been compliant and accommodating with viewings and visits to the property for photos etc.. whilst I have been off work for 2 weeks but I am now back in work as a teacher so I’m moving and being a mother to a 5 yo in between! However, they have now started asking if they can come into the house to have a decorater price up how much it may cost to “spruce up” the property and begin to decorate the ceilings. I’ve explained to them on numerous occasions that I will now be working up until the date I move out so can’t accommodate him between packing, tip runs etc.. However, they have now passed on my details to a number of different decorators and explained that if I can’t let the decorators into the property they will use their spare key to gain access.

I understand completely that there are jobs that need doing but for the sake of 2 days can they not just leave me to it? I’m 21 weeks pregnant, in quite ill health and on my own with a 5 year old so just need to pack in peace now!

Is there some sort of law against them sending my number to different contractors for this reason? I know in school I can’t give out information due to GDPR and would like to think that letting agents are bound by the same terms!

Any help appreciated (sorry a bit long winded!)

With regards to the access they are only permitted to gain access without permission to attend an emergency repair. They need your permission (24/48hr) notice for ANYTHING else and you cannot unreasonably withhold that permission. There will be a clause in your TA about this. However from what you have written you are not being unreasonable and you have allowed viewings.



LA's will try get away with murder if you let them you have to be firm with them, if they allow access when you have specifically said it is not convenient, then report them to the Police for trespass.


With regards to GDPR they will have a clause in the TA of how they will use your personal info and you will have agreed to that use by signing the TA. However you can withdraw that permission at any point and they will then need to gain your consent each and every time they wish to pass on your details.


So my conversation with them would be along the lines of ....I am allowing viewings as per my TA, with notice from you at a time when it is convenient for me. I am also formally withdrawing my permission for you to pass on my personal details to any third party for any reason whatsoever. if you fail to carryout my instructions then i will instigate legal action against both LA & Landlord for a data breach under the current GDPR legislation.


You've got to show them you are fully aware of what they can and cannot do.


LA's are generally scumbags but your landlord will not want any problems so copy them into anything you speak to the LA about.

christie2501

Brilliant thank you! It’s only 2 more days before we escape a hellish tenancy but still don’t want the mick taken out of me if you get me!

I don’t have a tenancy agreement with the letting agency currently, it’s a private contract between myself and the LL so will the data protection clause still apply?

cooltt

christie2501 wrote: »

Brilliant thank you! It’s only 2 more days before we escape a hellish tenancy but still don’t want the mick taken out of me if you get me!

I don’t have a tenancy agreement with the letting agency currently, it’s a private contract between myself and the LL so will the data protection clause still apply?

Yep, applies to anyone, or organization, who collects and process; personal information.

Slinky

cooltt wrote: »

With regards to GDPR they will have a clause in the TA of how they will use your personal info and you will have agreed to that use by signing the TA. However you can withdraw that permission at any point and they will then need to gain your consent each and every time they wish to pass on your details.


So my conversation with them would be along the lines of ....I am allowing viewings as per my TA, with notice from you at a time when it is convenient for me. I am also formally withdrawing my permission for you to pass on my personal details to any third party for any reason whatsoever. if you fail to carryout my instructions then i will instigate legal action against both LA & Landlord for a data breach under the current GDPR legislation.


You've got to show them you are fully aware of what they can and cannot do.


LA's are generally scumbags but your landlord will not want any problems so copy them into anything you speak to the LA about.

I'm not sure this is the correct interpretation of GDPR. My understanding is that you cannot just opt somebody in, you (the OP) have to positively opt in, not just not opt out. If you didn't opt in to allow the landlord to share your personal details, they did not have your permission to share them. It is not acceptable to have a completed tick box you have to untick. It should be the other way round.