Hi, If a landlord used an estate agent to sign up tenants and that estate agent asked the tenants to bring in their ID and application documents and used an independent referencing agency – Does the landlord have a right to ask the estate agent for the information they have (so that a non-paying tenant can be properly identified in the case of the landlord taking legal action against them) . . . . thanks
Question
Record Keeping and Data Protection (England) | Tenant References and Guarantors (England)
Rights a Landlord has to a Tenants proof of ID
Answer
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3 Comments
In our view, the landlord is entitled to the information because the information was obtained for the landlord not the agent. The agent was simply following the landlords instructions (and law) in obtaining the information on their behalf. The tenant is the landlords tenant, not the agents.
However, if the information is held electronically (scanned into a computer or stored in the cloud etc.) the agent would be entitled to refuse to pass the information until the landlord shows they are registered for data protection with the ICO.
Can you please add a link to the legal reference covering the last paragraph of your answer – thank you
https://ico.org.uk/for-the-public/housing/landlords/