Is this legal?

_Penny_Dreadful

Minidissapointment said:

Hi
Sorry new to this, but ive contacted the ICO they said if its given in confidentiality then I cant see what she said. Ive asked the new letting agent if I can see it and they've said a flat no. 
I've sent an appeal in to the new landlady but not heard back. I attached pictures of the cleaned house I left, copies of 12 months payments, and a copy of the fully refunded deposit. If its a no from her ..im stuck apart from maybe asking the council if they can help.

That's not entirely correct.  Individuals are entitled to a copy of their own personal data unless a valid exemption applies. One exemption is 'confidential references'. This means the personal data included in a confidential reference is exempt from the right of access.  The new letting agent can't just flat out say no to your request they would have to specifically say that it is exempt and why it is exempt.  If you are unhappy with the exemption given to you raise this with the letting agent. If you don't receive a satisfactory response from the letting agent and you have written evidence to show your concern has been raised with them, then you may wish to take the matter to the ICO for consideration.

 

This can be done here: https://ico.org.uk/make-a-complaint/data-protection-complaints/

As both your old landlord and the new letting agent are bound by data protection you can request the reference from both following the steps I outlined above when one or both refuse to give you a copy.  Personally I would pursue this with both the letting agent and the old landlord as it is not acceptable to give a reference that is not factually correct meaning you lost out on a home.  I would do it a matter of principle however it's not going to get you a new place to live.  There is so much legislation around that allow tenants to hold landlords' feet to the fire but unfortunately many tenants don't bother.

Minidissapointment

They hinted, and only a hint that the old LL accused me of vandalism because we took a worn carpet up in the lounge
 It had a hole near the door and I actually fell over on it. This was in 2020 we verbally told her and she verbally offered us a new one but because there were tiles underneath we said its fine with big rugs. But of course I didn't get this in writing so to the new LL it must be a red flag. We actually thought we were doing the old LL a favour because we took it to the tip!