New agents and rights to documents.

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    New agents and rights to documents.

    A colleague recently left the company with agreement, and her mother’s property was left free by the company. She has now instructed another company to take over the property, which is the best thing. But the new company has insisted on all the paperwork to be sent to them.
    The agreement is fine but the references and right to rent check were paid for by the company and due to the new data laws, we do not feel this is something we can send without the tenant’s permission, and there was no payment made. The tenant’s details are also a bit of an issue again with data protection, we feel we should contact them for permission to pass these on. The deposit the new company can sort out.
    And lastly the inventory was carried out by the company we use as a favour, and that surely is their property and they should be able to charge for a copy to be sent to the new agent?
    It may sound petty, but the company has lost income due to this colleague and was happy she left, but they do not see why they should have to cover the cost now she has left.
    What are other thoughts on this? And what legally is she entitled to?

    #2
    Please re-write as I'm confused - but then I'm old.

    Could you specify "old company" and "new company". And also what data control agreement has the tenant signed, please, (& the colleague that left...).

    And "agreement": What agreement please - AST, or between "old company" and "colleague that left"...

    Is the same landlord involved all the way through? If so has landlord instructed old company to co-operate with and pass data to new company?

    What further fees or charges does the old company expect to charge?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      I can't really figure out who you are or what you are asking as above. Data protection does not have anything to do with an agent providing data to their client about a tenant if that is what you are asking. Seems from your older posts that you are an agent.

      Pass on all the data required to the landlord. It is not yours to keep private - it belongs to the landlord to use, read and keep under DPA rules that apply to the landlord. You are an agent of the landlord and you do what they say.

      You certainly cannot charge the landlord for a copy of the inventory -- you should have given it to them in the first place. It does not "belong" to the inventory agent.

      Presumably "left free" means "let for free"

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