Question

Record Keeping and Data Protection (England) | Tenant References (England)

Agent withholding information from me

23 May 2018 | 1 comment

My letting agent called to say they had found a prospective tenant for my flat and would I be ok with them signing a tenancy agreement. I asked the agents to give me the name and profession of the applicant and they declined to do so on the basis that “current regulations do not allow them to pass on client details”. Do they have a valid point?

Answer

1 Comment

  1. guildy

    Absolutely not in our view. The information is yours not theirs as you’re the landlord!

    They should update their registration with the ICO which has an option to share personal information to third parties as appropriate including the landlord. Furthermore, their privacy policy (which we would hope has been updated for the new GDPR by now) should inform the tenant that information may be shared/passed to you.

    Our application for accommodation contains a privacy policy which includes informing the prospective tenant that information will be shared with various people including the landlord. The agents should do so in a similar way and then they’re good to go and share with you. If they were doing let only, they should “pass” the information to you i.e. they shouldn’t need to hold onto the information longer than necessary so give the information to you and delete it from their systems except as necessary to record details of the transaction. That’s for them to decide under their GDPR audit though.

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