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Letting Agent, Tenancy Agreement and GDPR

Started by Radlands, November 08, 2022, 02:35:17 PM

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Radlands

Hello :)

Just wondering if anyone can help.

I've asked my letting agent for a copy the tenancy agreement  and they have told me the cant send it to me because of GDPR.

Surely that cant be correct?

Thanks in advance :)


jpkeates

Are you the landlord?
If so, it's a legal contract that you're a party to, of course you're entitled to see a copy.

Tell them that the ICO's advice has been that a letting agent can share information with a landlord and it has been for more than 20 years now.
The data in the tenancy agreement was collected by them at your request, they're a data processor, you're the data controller - it's your data, not theirs.

If they have issues with sharing other data (because there are some grey areas when the agent collects data for their own use, like referencing), the ICO advises that standard practice should be that the agency confirms to any prospective tenant that the data that they provide may be shared with the landlord (since GDPR, it suggests that should be in their data policy documentation).
And that an agent not following that advice, which hasn't changed much since the end of last century, doesn't really know what they're doing.

And tell them to stop being stupid and referring to laws that they don't understand.

Radlands

Thank you for such a detailed reply.

This was my understanding but as a new landlord, I just wanted to be sure I wasn't missing something.