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Letting Agent says I'm not allowed to review prospective tenant Credit Checks?!

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Author Topic: Letting Agent says I'm not allowed to review prospective tenant Credit Checks?!  (Read 86 times)
Newbie
Posts: 7

I like property

« on: July 18, 2021, 02:42:05 PM »

Letting Agent explained to me due to Data Protection Act I'm not allowed to review my own prospective tenants' credit checks and previous landlord / employment references.

Is this correct?

My gut instinct felt this was incorrect and so I proceeded in trusting the agent and now 2 months into tenancy, tenants seem untrustworthy in terms of maintenance of my property. They've already caused water damage to my ceiling in kitchen due to not using the shower screen in bathroom above upstairs. There's also a few other problems.

If I'd carried out the checks myself I would have seen the data from each check type. So why would Letting Agent tell me I couldn't see theirs?

Any answers most grateful. Is there any legislation I can quote to gain access to checks?

Many thanks.
Global Moderator
Hero Member
Posts: 1251

I like property

« Reply #1 on: July 18, 2021, 05:34:13 PM »

I still use an agent to find and check tenants for me,and he reports back on his findings.He does not send me the actual report,but reads the salient parts to me.Recently I took on someone who is doing her PhD,and not currently earning,but she took her bank statements and building society papers in,and he copied these to me. Maybe he asks for permission from the tenants, but I think it would be pretty outrageous if you were kept in the dark.I doubt if this is against the law,that sounds like an excuse.

The reason your agent is being coy is because they don't care what kind of trouble you end up with as long as they get someone signed up and get their fees paid.
 
Hero Member
Posts: 622

I like property

« Reply #2 on: July 18, 2021, 07:59:59 PM »

The permission obtained from the prospective tenant should be such that the landlord can see the credit checks and references. If the LA is obtaining the permissions in such a way that exclude the landlord, I would be at least asking why, and wonder whether they're doing it deliberately and if so rightly why. On the other hand, I would also not be suprised if you're not actually registered with the ICO appropriately.

There's nothing to be done on this now. Either sort it out in advance making sure the agent will share the checks with you, or go with somebody else next time.
Newbie
Posts: 7

I like property

« Reply #3 on: July 21, 2021, 07:05:32 PM »

Many thanks for both your advice, it's much appreciated. Seems I should trust my gut in future then!
Accidental Landlord
Jr. Member
Posts: 75

Just trying my best

« Reply #4 on: July 22, 2021, 12:06:43 PM »

I would simply not do business with such agents. Always, always trust your gut Betty! After many horrible experiences over the years with different agents, I still do use them to find tenants and screen to a degree, then I always meet those interested in 2nd or 3rd viewings - this is too important to me but I know other landlords don't have this option. Once I choose the tenants, their full reference/credit checks are given to me for my records. I am registered with the ICO and I keep up to date with the GDPR training as well just to cover myself.
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