Landlord reference

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    #16
    Originally posted by MdeB View Post

    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.
    Thinking about it more the Data Subject (tenant) owns their personal data and regardless of who is controlling it (Data Controller) or processing it (Data Processor) the Data Subject owns their personal data. The agent will be acting as a Data Processor and the landlord as the Data Controller must ensure the Data Subject's data is processed in accordance with the privacy notice that the Data Controller provided to the Data Subject when they first started collecting data about the Data Subject.

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      #17
      Originally posted by leaseholder64 View Post
      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.
      That is the data subject (the employee) providing a service, not a service being provided to the data subject.

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        #18
        Originally posted by cymro123 View Post
        The agent will be acting as a Data Processor and the landlord as the Data Controller must ensure the Data Subject's data is processed in accordance with the privacy notice that the Data Controller provided to the Data Subject when they first started collecting data about the Data Subject.
        There is no controller/processor relationship between the original landlord and the agent of the prospective landlord.

        The original LL will be data controller; the agent is likely data controller for the application for a new tenancy.

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          #19
          Originally posted by MdeB View Post

          There is no controller/processor relationship between the original landlord and the agent of the prospective landlord.
          Agree

          Originally posted by MdeB View Post

          The original LL will be data controller;
          Agree

          Originally posted by MdeB View Post

          the agent is likely data controller for the application for a new tenancy.
          Disagree the agent will be a Data Processor processing data on behalf of the principal/new landlord/Data Controller but the processing of the Data Subject's personal data must be consistent with the old landlord/Data Controller privacy notice they provided to the Data Subject/tenant when they first collected the personal data.

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            #20
            Originally posted by cymro123 View Post

            Disagree the agent will be a Data Processor processing data on behalf of the principal/new landlord/Data Controller
            That depends entirely upon the agreement between LL and Agent. In adition to your scenario:

            It is quite possible for the LL never to have any T personal data and to leave the Agent to do everything. In that case the agent would be DC.

            It is also possible for the LL to be a data processor for the agent, if the agent is doing everything but providing data to the LL for information.

            Finally, the agent could be DC for the application process and the LL is DC for the tenancy.

            Originally posted by cymro123 View Post
            but the processing of the Data Subject's personal data must be consistent with the old landlord/Data Controller privacy notice they provided to the Data Subject/tenant when they first collected the personal data.
            No.
            It must be consistent with the notice provided to the applicant by the agent.
            The old LL is required to provide the reference in accordance with his/her notice, or in accordance with explicit consent given by the applicant.

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              #21
              Originally posted by jpkeates View Post
              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.
              We have tried to contact them but they’re not getting back to us. Like I said in my original post, if we were such bad tenants why weren’t we evicted or our deposit with-held? It seems an unfair system when whether or not we get a house is based on the opinion of someone who could say anything. Any advice of where to go from here gratefully appreciated as if we apply for more
              properties were bound to be declined on this reference as we have no other previous landlord.

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                #22
                Originally posted by Sproutly View Post
                Like I said in my original post, if we were such bad tenants why weren’t we evicted or our deposit with-held?
                Because that would be the extreme, evicting a tenant or withholding a deposit is very, very difficult.

                A previous landlord refusing to give a reference would be enough of a danger signal for most landlords in the sector to walk away.

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                  #23
                  The previous LL is not obliged to reply any request received.
                  If he does what he states should be honest and truthful, but not comprehensive.
                  eg
                  "I confirm this person w aas my T from <date> to <date> with a min Fixed Term of x momth.
                  New LL can reject any prospective legal applicant for most reasons.

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                    #24
                    Can you pop round and visit the ex-landlord, (friendly approach of course)?

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                      #25
                      Ask a friend to do a check through the same company with yourselves as the prospective tenants and himself as LL. Fill in the form with the same info and see what comes back. As the LL won't speak to you it would suggest he might have given you a bad reference.

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