My Agent is quoting Data Protection at me!

by Readers Question

12:07 PM, 15th February 2015
About 4 years ago

My Agent is quoting Data Protection at me!

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My Agent is quoting Data Protection at me!

My agent is refusing to provide details of an absconded tenant under the Data Protection Act. As the tenant is my client, I believe the agent holds the information on my behalf, and I am entitled to access.  My Agent is quoting Data Protection at me

Thoughts please

Bill Williams



Comments

Mark Alexander

12:13 PM, 15th February 2015
About 4 years ago

Hi Bill

What information is your agent refusing to hand over?

You paid your agent to obtain data about your tenant for you. Accordingly, it is your data and he must release it to you.

Perhaps he hasn't got any?

Either way I think he's on the verge of negligence.

See >>> http://www.property118.com/member/?id=1945 and get 15 minutes of free advice from a barrister.

You may want to take an alternative commercial approach to this issue and simply pay a tracing agency a fee to locate the tenant. Some companies offer a very competitive no trace no fee service. See >>> http://www.property118.com/first-steps-in-recovery-of-outstanding-tenant-debt/40251/
.

Bill Williams

12:56 PM, 15th February 2015
About 4 years ago

The agent does not have a forwarding address. Just need the tenant's personal info to proceed with trace and chase.

All BankersAreBarstewards Smith

13:18 PM, 15th February 2015
About 4 years ago

I had an agent try this on me a few years back when i asked for the result of the credit checks, copies of pay slips, references etc when they were trying to find me a new tenant.

I spoke to the Data Commissioners office and they agreed that a landlord is a "material party" to the contract (AST) and is fully entitled to all information in order for us to make an informed decision about the efficacy of signing an AST with the applicant.

I never used this agent again....

Mark Alexander

14:04 PM, 15th February 2015
About 4 years ago

On further reflection I have to wonder why the agent is not tracing the tenant and pursuing the debt for you.
.

All BankersAreBarstewards Smith

14:24 PM, 15th February 2015
About 4 years ago

Reply to the comment left by "Mark Alexander" at "15/02/2015 - 14:04":

surely it would depend on what is in the management contract between the landlord and the agent as to whether this is part of the agent's responsibilities or not ?

Mark Alexander

17:59 PM, 15th February 2015
About 4 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "15/02/2015 - 14:24":

Whether it's in the contract or not, it wouldn't be unreasonable to expect the agent to offer such a service would it?
.

Duncan McDonald

14:05 PM, 16th February 2015
About 4 years ago

The ICO website has the information you require
https://ico.org.uk/for-the-public/housing/landlords/

Yvette Newbury

14:32 PM, 16th February 2015
About 4 years ago

I am a Chartered Secretary (ACIS) and deal with Data Protection. Oh what joy it is when someone quotes it to me as a reason for not providing information!

You are right, the agency should provide you with all the information they have. I have had to "advise" a franchise agent about their listing on the ICO as this can be altered by the agent listing themselves to include Landlords if they so wish and therefore comply with the rules. I am listed on the ICO website under the DP Act and included all utility companies and landlord reference sites so that I can share information with those too.

Regardless of the ICO though an "agency" is an important legal concept and merely slips into your shoes in order to reference the tenant etc. Therefore you should see everything they do.

Read up on the ICO website and then approach your agency again and insist on seeing the information you need. I have always been able to change their minds by being firm... and knowing more than they do on the subject.

Neil Robb

21:54 PM, 16th February 2015
About 4 years ago

Hi

I wonder if the reason could be the tenant has been moved to another one of the properties he manages. I have heard of this being done before.

Sandra Savage-Fisher

8:37 AM, 21st February 2015
About 4 years ago

Remind them of their fiduciary duty under agency law.

This is a link to Landlordlaw Blog on the issue of agency law
http://www.landlordlawblog.co.uk/2015/02/16/agency-law-basics-for-landlords/


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