Letting Agent -Withholding Information

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    Letting Agent -Withholding Information

    Two years ago we put a property up for rent with a Letting Agency.
    The property is managed and the Letting Agency do all the referencing etc.
    They had a few enquiries and recommended one, (say Mr Smith) I
    I aske for the address of where Mr Smith was coming from and would not tell me, although it was available when I had agreed to Mr Smith being the tenant.
    The tenant has now left and the place is up for rent again.
    On this occasion especially with all the Covid Lockdowns and with thousands of tenants facing eviction and perhaps wanting to move before they are evicted I wonder if when the Letting Agent "suggests" a suitable person if I can say that I want their address as I have Landlord Insurance and they also do Referencing they would give me the details.

    Or is it normal for a Letting Agent to withhold information. before the tenant is signed up.

    (although the previous tenant has left and there were no problems the address he gave was his fathers house 300 miles away whereas his Facebook profile showed that he went to a University near to my letting house so obviously when he moved in it was from a local address, which he never mentioned)

    #2
    Depends on the contract with the letting agent or terms agreed: Sadly I can;t read them from here, what to they state upon the matter, please?
    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
      If this forum is anything to go by many agents decline to supply information before the tenant is signed up on the grounds that data protection law prohibits it. In my view and in the view of the owner of this site: Blog posts - The Landlord Law Blog the law says no such thing although it does not exactly spell it out. It has to be implicit in the nature of the principal/agent relationship that the agent stands in for the principal and can pass on all the information he has gathered. It is after all the principal who should be making the decision and he cannot make an informed decision if he does not have all the information. As theartfullodger suggests though, a contract may provide to the contrary. No one should sign such a contract.

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        #4
        The ICO have said that agents should simply make prospective tenant’s aware that any information they provide might be passed on to the landlord as part of the information they give people about the use of their data.

        That advice has been there for years, and any agent who doesn’t follow that guidance isn’t doing their job properly.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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