Letting Agent believes they can't share prospective Tennent reference info

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    Letting Agent believes they can't share prospective Tennent reference info

    Morning all

    I have a new letting agent, who will shortly start the process for advertising for tenants etc. Having just had a bad experience with a tenant (ending with eviction) who cannot have passed reference checks I want to be very sure this time about the type of tenant. (Appreciate there are no guarantees, but I'd like the risks to be as low as possible).

    My landlords insurance for rent cover will depend on this:
    • A written reference from the previous managing agent or landlord
    • A written reference from an employer (or other financial source)
    • A credit history check that includes the Enforcement of Judgments Office, County Court Judgments and bankruptcy
    The agent has explained that they don't think they can share this data with me about prospective tenants due to GDPR (or I assume they mean the new UK equivalent given GDPR no longer covers us in the UK)
    I've done some reading on this and can't find any info which precludes me from seeing this info...

    The agent has told me that if the new tenant turned out to default on rent (& I needed to trigger the landlords rent cover) that they would share with the insurance company.

    My questions are:
    Surely I should be allowed to see this data - it is my property?
    The last time around, the previous agent did not seem to have access to this info to share with my insurer when the s*** hit the fan - and I was left with 12 months rent arrears with no cover.

    Anyone with any info on if it is reasonable for me to see this info? - Or at least - maybe I can see it in anonymized form - e.g. 'Candidate X has a credit score of 600 no county court judgements, and good references, and works as a XXX)

    Thanks

    FC

    #2
    Tennent is a brand of lager. Did you mean tenant ?

    What does the agreement between you and agent state on such matters please.? I can't read it from here.

    Different letting agents, different agreements.
    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...

    Comment


      #3
      The ICO guidance for letting agents has for many years now been that when an agent collects personal data from a prospective tenant, they should inform the person whose data they are collecting that this data may be passed onto the landlord.
      That should be a standard part of the agent's data policy that they should be giving to any prospective customer.

      Anyone who isn't doing that as a standard practice isn't really to be trusted to know what they're doing in relation to anything else.

      In fact, as the agent is collecting the data for you, it's always been legal for them to give you the data, they're acting as your data processor.

      Obviously, for any of this to work, you need to be registered with the ICO as a data controller.

      Apologies, the link I used to have to the ICO's pages relevant to this is now out of date as the ICO have moved websites.

      As an aside, GDPR was implemented into English and Welsh law by the 2018 Data Protection Act.
      We were never subject to any laws that weren't passed by Parliament, so there's no "new UK equivalent".
      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


        #4
        The agent works for you, you have engaged with them on this purpose, if they can not pass on the referencing checks to you, then get another agent who will. T's don't pay for the checks, in-directly LL's do with the fee's agents charge when instructed, if you have paid for this service then you should be entitled to see the information.

        Comment


          #5
          Could be time for another new agent.

          Comment


            #6
            It never fails to amaze me how incredibly incompetent some of these agents are, and some landlords as well.

            Comment


              #7
              Apologies for repeating myself, but in England to be a lettings agent requires no training no qualifications no criminal records check.

              The whole office could be legally be staffed by ex prisoners on early release from Brixton jail from their sentances for fraud & GBH.

              Ditto I think landlords, unless banned. ...and tenants........

              Bonkers!
              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...

              Comment


                #8
                They sound incompetent, as said, they WORK for you, if you cannot see the information then why would you employ them ! Go to another agent who will, i use agents on a tenant find basis and have always had access to that information.

                Comment

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