Data protection and tenancy agreements

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    Data protection and tenancy agreements

    I'm new to this renting lark. This will be my 1st let. I have been made aware that it is a legal requirement of the tenancy agreement is to have my home address given.

    However the letting agent has sent a draft agreement to a possible tenant with my address on it. This is before the referencing is completed and I had not agreed for him to move in. Tje referencing failed and I refused the tenant.

    The next day I received a letter from the tenant pleading his case to still move in

    Surely this is a breach of data protection as I had not agreed for the tenant.

    Can anyone confirm whether I am right or not please?

    #2
    There is no legal requirement for your address to be on the tenancy agreement. There is no legal need for there even to be a tenancy agreement in most cases - though it is a sensible move.

    If I was a prospective tenant, I too may want to know the landlrds details before entering into a contract with him - I can think of no parallel situation where one would enter into a contract with persons unknown. In this instance, you had a bit of inconvenience by the tenants plea, but no financial loss. However, it could just have easily been the tenant requiring the info to check that you actually had a right to grant a tenancy (ownership etc).

    Just an opinion, doesn't answer your question

    Comment


      #3
      Indeed the tenant themselves could have accessed the information via the Land Registry for a £4 fee, so it could be argued that the info is already in the public domain.

      Are you intending to manage the let yourself or will the agent be acting for you throughout the tenancy? If the latter, agent need not have provided your address at all, as they could have been the c/o address for you.

      As the prospective tenant has no doubt lost his fees for the failed credit check, I suspect he feels he has a right to know why he was rejected.

      Up to you if you take it out on the agent, but I suspect they have done nothing wrong, other than perhaps be a little over zealous in sending our the draft TA before the credit checks were finalised. Nice to find an agent so keen IMO!

      Comment


        #4
        What were the terms you agreed to govern the relationship between you & agent?

        Do you think the converse of what you are requesting is also fair - that you as landlord should not know prospective tenants name & address yet?
        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


          #5
          Thanks for replying everyone. All good points. The tenant having my address (once they were in and signed) isn't a big issue. As its my 1st let and I'm not just wet behind the ears but dove head first into the Atlantic.. They are doing the full management. I have realised that I need to keep them on a short leash.

          I chose to ignore the letter. When weekend was over the agent called and said that the tenant wanted to pay the full term in advance they then passed the referencing. Now I have it on record I'm actually going ahead.

          When I spoke to the agent(a large, well known firm) they agreed that it was of concern. I have addressed it in a gentle manner as i can't see a benefit of getting angry. It serves no purpose.

          Comment


            #6
            Originally posted by LesleyAnne View Post
            Indeed the tenant themselves could have accessed the information via the Land Registry for a £4 fee, so it could be argued that the info is already in the public domain.
            This is not necessarily true. I came across many landlords who had forgotten to re-register their tenanted property with the LR if they had lived there previously or who had moved themselves once or twice in the interim.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

            Comment

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