The government should tread carefully when deciding what data can be shared from the new PRS Landlord Ombudsman, a property expert has warned.

Housing Minister Matthew Pennycook has admitted it does not yet know how this will work. In an answer to a written question about whether the upcoming Ombudsman will have an obligation to share evidence of non-compliance by landlords with local authorities, the minister said it was working through the operational details and engaging with councils.

“Final decisions have not yet been made in respect of the specific circumstances in which the Ombudsman must, or may, share information with local authorities,” said Pennycook.

It follows the announcement that the PRS database will start rolling out in December, with the government still deciding what information tenants will be able to access.

Sean Hooker, head of redress at Property Redress Scheme, (pictured) says a cautious approach is needed when deciding how to handle the data, as many of the landlords registering will be private individuals and not large corporate entities. And while membership of the scheme will be compulsory, it won’t be a regulator or enforcement agent.

Robust

“It will need robust agreements and protocols on cooperating with other bodies and balance the need for the protection of privacy with the public need to raise standards and eliminate illegal behaviour,” he tells LandlordZONE.

“Neither property agents nor private landlords have a regulator yet and without this safeguard the government is wise to tread carefully and not rush through a scheme without considering these challenges.”

Compulsory

Hooker says the current agent redress schemes, who between them provide a compulsory escalated complaint service for all property agents, inform a number of bodies if a member ceases to remain with them such as National Trading Standards, which is governed by a memorandum of understanding.

Although complaint outcomes are typically treated under the principle of private resolution between the parties, the schemes have an obligation to inform National Trading Standards if they are made aware of serious breaches of the law or regulations. They also publicise anyone who fails to comply with a binding decision or attempts to evade or abuse the process, while local authorities and police can make formal requests for information under the Data Protection Act.

Hooker adds: “We do not, however, make pubic every error, mistake and omission so long as the member ensures things are put right.”

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