Tenants references

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    Tenants references

    I have been speaking to letting agents to decide which to use. As I was misled previously by a letting agent re the tenants suitability etc I have decided that for all future tenants I want to see a copy of the reference. A couple of letting agents that I have spoken to today have said that this is no longer possible due to the new GDPR rules. This seems madness , surely they have misinterpreted the requirements. Has anyone else come across this?

    Many thanks

    #2
    It is certainly possible if the prospective tenant agrees. Whether the tenant's agreement is required is a subject of debate. However, given that the landlord can just as easily obtain the references as the agent and that in any event the agent acts for the landlord it is difficult to see why there should be a problem.

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      #3
      You employ the Agent and so entitled to see all he does.
      If he has that attitude choose a different Agent.

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        #4
        The landlord (principal) is the data controller and the letting agent (agent) is the data processor processing data on behalf of the landlord. As a data controller the landlord must register with ICO

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          #5
          I have had similar problems. One newish agent to me was willing to copy and paste referencing details onto their headed paper but not show me the originals. I find it easier to reference applicants myself via the RLA and looking at social media etc, speak with empoloyers etc.



          Freedom at the point of zero............

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            #6
            Agents who quote the GDPR rules relating to tenant referencing are simply showing they don't know what they're doing.
            So it's actually quite helpful, like a warning sign saying "Do not use".

            All the agent has to do when getting information from a prospective tenant is to confirm that the information will be shared with the landlord (along with utility companies and the council).
            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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