Question

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

Letting Agent refusing to send supporting evidence of credit/reference check?

23 Aug 2017 | 1 comment

Can a letting Agent refuse to provide a copy of the application form that the tenant filled in for application for a tenancy along with supporting evidence to show the checks have been carried out thoroughly ?

The letting agent has quoted DPA , stating that the form includes information that we are not entitled to see and that they would have to send a further request to the tenants asking for their permission. From experience I am aware The ‘referencing company ‘ that they use have contacted me in the past for a Landlords reference and it does state on the reference form ‘ the information that we are asking you to provide(including your contact details) will be provided to and used by a potential Landlord to decided whether or not the individual to whom this information relates to is a suitable tenant. As such you owe a duty of care to the landlord in respect of the information provided by you etc. Therefore I find it hard to believe that the letting agent would now say that I would not be entitled to see the supporting evidence on tenant credit/referencing checks . Has anybody else experienced this ?

Answer

1 Comment

  1. guildy

    In our view, no, they cannot withhold the form from you. The crucial point is that it’s your form not theirs. They are simply an agent nothing more. All they do is carry out your instructions on your behalf. It’s you that’s initiated the tenant reference, application form etc. just that they were doing this “on your behalf”.

    However, it would be a reasonable excuse for them not to provide to you if you’re not registered with the ICO for data protection. In order for you to hold the documents in particular electronically, you must be registered. You can hold paper only without protection depending on the information being held and the security for storing paper you have in place.

    This tool will help you decide if you need to register or not.

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