Credit references - Landlords rights

[CoffeeCup]

My agent has carried out a credit reference on a prospective tenant. When I asked the result they said 'Everything looks fine'

Should I insist on having a copy or at the very least seeing a copy of the report?

CoffeeCup

[justaboutsane]

You are entitled to a copy of the report... and if the agent refuses then something is not right! ... If the agent spouts Data Protection Act at you tell them that the reference has been carried out on your behalf and therefore you are entitled to see the report... that is allowed under the DPA.

[Daytona]

If the agent spouts Data Protection Act at you tell them that the reference has been carried out on your behalf and therefore you are entitled to see the report... that is allowed under the DPA.

My ARLA and NAEA registered agent told me the same. I didn't question it at the time, but it does sound unlikely. Given the legal nature of the principal - agent relationship I would guess that they are treated as one legal entity and so information can be shared. The report often contains only a numerical score and recommendation broken down into different sections, it's not as if you're viewing their bank statement.

[Daytona]

Should I insist on having a copy or at the very least seeing a copy of the report?

Yes - put the request in writing and as with any important post get a certificate of sending or send it registered post. This provides legal proof of service for use in the event of any dispute

If they refuse launch a complaint requesting justification and notify any regulatory bodies.

Good luck !

[Paul_f]

Daytona. Don't be damn silly! They want a copy of the references, they're not asking for proof of service of a legal document where you might want to use it in court. Recorded delivery is a complete waste of money. Proof of posting costs you nothing, but proves nothing either! If you don't receive the references from the agent, you just write again and then ring 'em up. How long do you think they can "play games"? Not long I'll wager.

[CoffeeCup]

Just a quick update.

The agents had no objection to me having a copy of the report from homelet. They mentioned the report was for my benefit anyway!

Both reports put the prospective tenants in a favourable light so the agent was only too keen to let me see them.

[Daytona]

Daytona. Don't be damn silly! They want a copy of the references, they're not asking for proof of service of a legal document where you might want to use it in court.

The reason for my answering in such a manner is that I have experience of agents ignoring, prevaricating and obfuscating even the simplest of requests. They cannot deny recieving the request when you have proof of service.


Recorded delivery is a complete waste of money. Proof of posting costs you nothing, but proves nothing either!

Wrong. Both constitute proof of service under the Civil Procedure Rules (http://www.dca.gov.uk/civil/procrules_fin/contents/parts/part06.htm).


If you don't receive the references from the agent, you just write again and then ring 'em up. How long do you think they can "play games"? Not long I'll wager.

That method gives them more opportunity to mess landlords around requiring more phone calls and letters. If they can't get a simple request correct the first time, it warrants escalation with a complaint backed up by proof of service. It leaves no room for argument.

[CoffeeCup]

The reason for my answering in such a manner is that I have experience of agents ignoring, prevaricating and obfuscating even the simplest of requests. They cannot deny recieving the request when you have proof of service.

Wrong. Both constitute proof of service under the Civil Procedure Rules (http://www.dca.gov.uk/civil/procrules_fin/contents/parts/part06.htm).


In my case the if they had not shown me the reports I would have assumed the worse and declined the offer from their prospective tenant. That was their motivation for providing the information.

I'm not sure I follow this side argument regarding 'Registered post'. Surely I can send a letter registered post, this will prove I sent a letter but doesn't prove what I wrote/requested. Have to admit Daytona I didnt read the contents of your link ..... Only so many hours in the day;)