Landlord reference

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    Landlord reference

    hubby and I have applied for a new house with a letting agent. We gave our last landlords details for a reference with no concerns (currently living with family due to sick relative) well we’ve been declined based on the landlords reference. I stunned. We paid our rent always on time, the house was left immaculate, there was no damage, no anti social behaviour, and we got our deposit back no quibbles. I’ve asked the letting agents what the reference says but I’ve been told im
    not allowed to know due to data protection, even though it’s about me. Where do I stand? This is the only landlord we have had so I’m really concerned how we’ll ever move with them apparently giving us a negative reference

    #2
    The landlord owns the information passed to the letting agent in confidence and without the express consent of the landlord the letting agent should not divulge 'anything' passed to them in confidence including 'the landlord gave you a bad reference'. The letting agent should have been more discreet and simply said 'sorry you have not passed the referencing and therefore we decline to grant you a tenancy' without giving any clues that would breach confidentiality

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      #3
      The letting agent could of course be lying as to the reason. That is not uncommon. So I would not assume that is the reason.

      Comment


        #4
        Submit a subject access request to the landlord.
        Also to the agent.

        Comment


          #5
          I agree with above comments. To bring this to a speedy closure I would contact the landlord and ask if requested can they please provide any future landlord or agent with a reference that confirms you have never made a late rent payment and that they are not aware of a breach of a condition of your tenancy that warranted a claim for compensation?

          Comment


            #6
            Originally posted by MdeB View Post
            Submit a subject access request to the landlord.
            Also to the agent.
            There are exemptions, under the GDPR, from subject access requests relating to the provision of services (as well as those relating to employment).

            Comment


              #7
              Originally posted by cymro123 View Post
              I agree with above comments. To bring this to a speedy closure I would contact the landlord and ask if requested can they please provide any future landlord or agent with a reference that confirms you have never made a late rent payment and that they are not aware of a breach of a condition of your tenancy that warranted a claim for compensation?
              I'd tell you where to go.

              Comment


                #8
                Originally posted by leaseholder64 View Post

                There are exemptions, under the GDPR, from subject access requests relating to the provision of services (as well as those relating to employment).
                can you point me at them?

                https://globaldatahub.taylorwessing....-uk-exemptions does not mention them (as far a I can see)

                Comment


                  #9
                  Originally posted by cymro123 View Post
                  The landlord owns the information passed to the letting agent
                  What are your reasons for saying this?

                  If agent has requested info and LL provides, then the provided information belong to the Agent.

                  And the "in confidence" issue can only come into play if that is an express condition of providing the information.

                  Comment


                    #10
                    Originally posted by Sproutly View Post
                    Where do I stand?
                    Ask the ICO.

                    Comment


                      #11
                      Originally posted by MdeB View Post

                      can you point me at them?

                      https://globaldatahub.taylorwessing....-uk-exemptions does not mention them (as far a I can see)
                      It's a secondary source, but:

                      http://www.stronachs.com/news-insigh...nces-post-gdpr

                      Comment


                        #12
                        The best course of action is for the OP to contact their previous landlord to ask what he said in the reference.

                        If his view of how the tenancy went is different than the OP it might be best to ensure that they are not asked for another reference.
                        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


                          #13
                          Originally posted by leaseholder64 View Post
                          That is about employment references.

                          Comment


                            #14
                            It does look as though I misunderstand who was providing the service, but, whilst it is employment focussed, it does mention provision of services which is not an employment context.

                            Comment


                              #15
                              Originally posted by JK0 View Post

                              I'd tell you where to go.
                              I was not suggesting the tenant asks the landlord to make a false statement :-)

                              Comment

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