Question

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

Subject access request and tenant references

17 Jun 2020 | 1 comment

I (via a third party) referenced an applicant and on the basis that the applicant provided false or misleading information (CCJ and bad landlord reference) I cancelled the reservation. The applicant has made a subject access request to see all the information we hold on them which will include the tenant reference which they are entitled to see as it is their ‘personal data’. I am slightly uncomfortable, not about giving the information, but opening a can of worms when they see the landlord reference which is from my understanding passed to me in confidence. What are your thoughts on this please? One approach I thought of is if we cancel a reservation we immediately destroy all data we hold on that person (not even sure this is possible with referencing agent) and send them a letter saying apart from their address we no longer hold any data on them. If landlords know their references are going to be given to their departing tenants they are going to be less cooperative? Thought please?

Answer

1 Comment

  1. Imported

    02/08/2019 4:59 pm

    We agree that it’s probably easier to destroy the landlord reference and just provide the credit report. That credit report was sufficient for you to make the decision you have anyway so it’s irrelevant about the landlord reference.

    If you took a holding deposit and are now retaining (due to false and misleading information) it might be best to keep the data so you can prove there was false or misleading information if a claim were to be made against you. But, otherwise, there is no need to retain the data so as you say can be deleted.

    guildy

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