Please Note: This Article is 6 years old. This increases the likelihood that some or all of it's content is now outdated.

Obtaining Tenant Information – I wish to trace a former tenant who left rental arrears. The agent is refusing to release the necessary information to allow me to do a trace, saying that this is not allowed under the Data Protection Act?

That is rubbish!

Your agents are YOUR agents, they work for you, you pay them.

Any information they have pertaining to your tenancy belongs to you.

If they refuse to release I suggest you inform them that you will be seeking
compensation through the courts for any losses you sustain as a result of
their non-cooperation.

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In any case your should be able to obtain information from any source including banks, local authorities and utilities companies etc. where your need it in persuance of a legal action or potential legal action.

Data Protection Act: Section 35:

Part 35 Disclosures required by law or made in connection with legal proceedings

(1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b) for the purpose of obtaining legal advice,

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

Useful Links:

Data Protection Act

©LandlordZONE All Rights Reserved – never rely totally on these standard answers which apply primarily to England & Wales. Before taking action or not, always do your own research and/or seek professional advice with the full facts of the case and all documents to hand.

Please Note: This Article is 6 years old. This increases the likelihood that some or all of it's content is now outdated.

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