LL access to prospectiveTs applications withheld.

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    LL access to prospectiveTs applications withheld.

    Agent citing DPA.
    So much for Agent being LLs proxy?

    #2
    Change Agent.

    Comment


      #3
      Originally posted by mariner View Post
      Agent citing DPA.
      So much for Agent being LLs proxy?
      Ha, wow... That is not how DPA works, and not how the landlord/agent relationship works.
      As above, fire the agent. Now. Call them asap, put it in writing to them asap and collect your keys from them asap. If they cant get this basic thing right that is very worrying!

      Comment


        #4
        Absoultely agree. It is your choice who to let into your property. The forms filled in by the prospective tenants should make it clear that their data will be passed onto the LL. Given that (I believe) the new rules do not come into play until May this year the agent seems to have something to hide methinks.
        Unshackled by the chains of idle vanity, A modest manatee, that's me

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          #5
          Agent is incompetent.

          The ICO advises that the agent should get the tenant's consent to pass on their data to the landlord.
          No one's ever tested that advice as it happens.

          But the advice is now so old that any agent not doing what is recommended is simply not competent to let a property.

          On the other hand, if they explain that they can't pass on the data because you aren't registered as a data controller and don't have a contract with them as a data processor with the required terms, they're geniuses and should be retained at all costs!
          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).

          Comment


            #6
            Agent act on behalf of landlord as agents, some of the faults such as fail to protect deposit counts as fault of the landlord.Thus, It would not make sense for them to refuse access the details of your tenants.

            the likely reason they may not wish for you to gain access would be:

            a. They are afraid of you contacting prospective tenants directly and therefore cut them out of their fees.

            b. They are inventing tenant interest by creating fake prospective tenant so you do not put the house up with other agents.

            i have encountered both before.

            Comment


              #7
              IMO it depends on whether they are refusing information on someone who they are proposing to let to, or refusing information on someone who is still being checked or has just expressed an interest in your property.

              In the first case I would say they are wrong.
              In the second case I would say they are right: if you are not dealing directly with the prospective tenant, then you have no legitimate interest in their data until they express a desire to take on the tenancy (not just to view the property).

              Ask to see their data protection statement for tenants.

              Comment


                #8
                The agent is collecting the data because the landlord has caused them to collect it.
                That should mean that the landlord is the data controller and the agent is the processor for this data.

                If the agent is collecting the data for their own purposes, they're possibly in breach of their duty as an agent.

                This may change at the end of the month!
                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).

                Comment


                  #9
                  Originally posted by jpkeates View Post
                  The agent is collecting the data because the landlord has caused them to collect it.
                  That should mean that the landlord is the data controller and the agent is the processor for this data.

                  If the agent is collecting the data for their own purposes, they're possibly in breach of their duty as an agent.
                  But the agent is agent for many landlords.
                  Attracting potential tenants is done for many landlords.
                  It is only when they express a desire to go ahead with a particular property that a relationship with a particular landlord arises. Prior to that the relationship is with the agent.

                  Comment


                    #10
                    Ye all debating hypothetical beyond what mariner said. The thread title is "prospectiveTs applications". I read that to mean that the prospective tenant have indeed expressed a desire to go ahead with a particular property and have in fact supplied information for things like right to rent and/or credit & reference check.

                    I agree with the first reply, fire the agent.
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    I do not answer questions through private messages which should be posted publicly on the forum.

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