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  • Legal FAQs

    Data protection and Agent

    I am going with an Agent to manage my property.

    I am requesting proof that they have served all the relevant paperwork which they say forms part of the tenancy agreement check list addendum and will get me this. I am also wanting credit check, prescribed info and deposit protection info.

    They are starting to say they may not be able to give me some or all of the latter due to data protection. I need to have this for Section 21 and rent protection insurance potentially.

    Are they allowed to do this?  Would they have to ask tenants permission as I can't see the tenant granting this if any animosity ever occurred?

    I have not yet countersigned the tenancy agreement.
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    Are you registered with the ICO? You need to be to receive copies of tenancy referencing.

    You can have the standard paperwork (contract, deposit prescribed information) without being registered with the ICO. The only reasons I can think of to not give these to you is because (a) they want to keep you tied to them as the agent or (b) they haven't done it properly.

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    Hi I was when I managed myself but it has just lapsed.

    I found this on the internet

    https://www.landlordlawblog.co.uk/2010/0...ir-agents/

    David (Smith) do you have a view on this? 

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    I absolutely request, and receive, copies of all relevant documents from the letting agents, on behalf of our clients (my company's registered with the ICO and complies with all GDPR legislation). 

    I also ensure there's nothing in a new lettings agency agreement that states they will NOT provide this data to me/my client.  I can understand why some letting agents take this stance, of refusing to provide the information to the landlord, but ultimately, the tenant's contract is with the Landlord, and in my opinion, the Landlord has a right to see the referencing docs, providing the tenant is told the agent will share them with the Landlord.

    I'd have a chat with your agent....and check your lettings management agreement!

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    Helen Godbold-Eade

    Freelance Administrator for Property Investors / Entrepreneurs

    http://www.like-clockwork.co.uk

    Find me on LinkedIn: http://www.linkedin.com/in/heleneade/


    the Landlord has a right to see the referencing docs, providing the tenant is told the agent will share them with the Landlord.

    THATS WRONG.  THE AGENT IS AN EXTENSION OF THE LANDLORD SO ITS IMPLIED THAT THE LL WILL SEE IT.  IT SHOULD GO WITHOUT SAYING.

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    Your agent does not understand GDPR. You own the data they are seeking and you should be able to see it. If they won’t hand it over I would go elsewhere
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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.