Landlord's right to see tenancy application

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  • Landlord's right to see tenancy application

    Apologies for duplicating this question.

    However, can anyone confirm if I have a right to see my tenants application for tenancy of my property. Letting Agent have told me that I can't due to data protection.

    The reason I want to see it is because I am currently in the process of evicting them for non-payment of rent and know that I may possibly need their dates of birth for the tracing agent as I fully expect them to "do a runner" once they get the papers from MCOL.

  • #2
    Yes, you can. Your Agents are just that; whatever they know, you're entitled to know too.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Landlord's right to see tenancy application

      Thanks once again Jeffrey. I will put my request to them in writing.

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      • #4
        Tthey probably have something to hide. The last agent I used did not take appropriate references / details as I had requested in writing. I expect something similar has happened here.
        Unshackled by the chains of idle vanity, A modest manatee, that's me

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        • #5
          Landlord's rights to see tenancy application

          I am sure they do have something to hide!

          I did get a copy of the tenant's references (if you could call them that) but at least I now know where they claimed to have worked. Even then they were poor copies and I am sure one of the letters has some details whitened out. However, to stand a good chance of tracing them at a later date I really need their dates of birth I believe.

          I have learnt so much from this Forum and can't thank everyone enough who has ever responded to my postings especially Jeffrey. Once I finally get my property back I shall go about getting new tenants in a very different and informed way.

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          • #6
            If they spout about 'section 35', they're wrong. Several LZ threads explain this.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              I'm in the process of vetting a prospective tenant, and the agent today sent me the T's written application form. They send me everything they see.

              The agency is an ARLA member, long-established, big chain, and seem fully aware of the legalities of the business. They have never withheld anything from me on the basis of data protection.

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