There is a useful guide on the Information Commissioner’s website here.
Below is a list of the most common queries we get, and our answers
- Can an agent give out tenant referencing details to a landlord?
We say: Yes, the agent has collected the information as agent of the landlord, on behalf of the landlord. The Information Commission adds that the agent should make it clear to the tenants/guarantors that this will happen when the information is taken.
This is a useful article from the Painsmith blog about data protection principles and common questions including about letting agents. It never ceases to amaze me how many agents refuse to provide the landlord with the references of the tenant (possibly often because they didn’t bother to do any). We agree that agents should supply this information because it’s actually the landlords information to begin with. They are simply the landlords agent.
The post should contain a link to the guidance which appears to be missing. I think this is the guidance they refer to: http://www.ico.org.uk/forthepublic/topicspecificguides/housing/landlords