Landlords Vs Credit Reference Agencies

[MrPants]

When leaving a tenancy agreement on less than good terms, am I right in thinking that landlords do not have the right to pass information onto Experian etc unless you specifically gave them that right in your rental contract?

Presumably any threat by them to do so is a bluff, as if they did you could sue them for consequential loss?

[65243]

When leaving a tenancy agreement on less than good terms, am I right in thinking that landlords do not have the right to pass information onto Experian etc unless you specifically gave them that right in your rental contract?

Presumably any threat by them to do so is a bluff, as if they did you could sue them for consequential loss?

Big bluff - I don't believe the credit reference agencies have any arrangements to record disputes/defaults involving rent (unless the landlord gets a CCJ against you and you don't pay). How could the agency possibly know whether the money really was owed our whether the landlord was just being vindictive?

[Rozza]

When leaving a tenancy agreement on less than good terms, am I right in thinking that landlords do not have the right to pass information onto Experian etc unless you specifically gave them that right in your rental contract?

Presumably any threat by them to do so is a bluff, as if they did you could sue them for consequential loss?

Its a bluff, some random no mark landlord phones experian to "report a default", after they have finished laughing they say "sorry you are not a recognised finance provider or whatever" and put the phone down on the muppet

However, tenant leaving on less than good terms reporting bad landlord to the local council or whatever, now that can be listened to

[GinAndPlatonic]

When leaving a tenancy agreement on less than good terms, am I right in thinking that landlords do not have the right to pass information onto Experian etc unless you specifically gave them that right in your rental contract?

Presumably any threat by them to do so is a bluff, as if they did you could sue them for consequential loss?

Tell us who is doing this....we will send the boys round.

[Squeeky]

When leaving a tenancy agreement on less than good terms, am I right in thinking that landlords do not have the right to pass information onto Experian etc unless you specifically gave them that right in your rental contract?

Presumably any threat by them to do so is a bluff, as if they did you could sue them for consequential loss?

At the moment, I don't think they can as other have said unless you get taken to court, like any other financial dispute.

But there are plans by credit agencies to get their fingers in more pies and sell your own data back to you at every opportunity:

http://www.moneysavingexpert.com/news/banking/2012/03/rent-payments-to-go-on-your-credit-file

[Sir Sidney Ruff-Diamond]

The landlord can't do this as it cannot form part of the agreement that he shares that data with credit reference companies. if he does, its paydirt in magistrates court for offences under the Data Protection Act 1998. The ICO can impose a fine of up to £50,000 for infringements of that legislation.

[ChumpusRex]

When leaving a tenancy agreement on less than good terms, am I right in thinking that landlords do not have the right to pass information onto Experian etc unless you specifically gave them that right in your rental contract?

Presumably any threat by them to do so is a bluff, as if they did you could sue them for consequential loss?

Credit reference agencies aren't involved in rental issues, and do not hold any such information. They only hold information from licensed consumer credit providers and data on CCJs.

They do not hold and do not accept information from landlords/letting agents/etc. unless you have defaulted on payment, received a CCJ and then failed to pay the CCJ.

There *are* a number of tenant referencing agencies, and these agencies *do* accept and store information about tenancy disputes, etc. and can provide it to landlords. However, in general, you need to give your consent (e.g. by signing a tenancy agreement containing a statement of consent) that your personal information may be passed on to such an agency.

[mkil]

These people seem to suggest that it's not necessary (but then, they are selling landlord referencing services...)

http://www.landlordreferencing.co.uk/blog/2011/04/20/the-data-protection-act-1998-ico-questions-answers/

Various landlord related forums/sites seems to suggest that informing companies like this is the way to go with bad tenants - sounds on dodgy legal ground to me though without written consent, which may be in the tenancy agreement. However, I'm neither landlord or tenant.

[ChumpusRex]

Various landlord related forums/sites seems to suggest that informing companies like this is the way to go with bad tenants - sounds on dodgy legal ground to me though without written consent, which may be in the tenancy agreement. However, I'm neither landlord or tenant.

It isn't strictly required. Technically, the DPA does allow personal data to be sent to 3rd parties, provided that the purposes for which it is sent are fair and lawful. The ICO even use, in their own guidance, the example of a person who defaults on a debt, and who does not consent to their details being disclosed to a credit reference agency. In that case, even though consent has not been given, there are appropriate business reasons (i.e. the disclosure is fair) for the information to be disclosed, and provided that the referencing agency abides by the DPA, then the processing is lawful.

It would not be considered fair to simply keep indefinitely a record of each and every tenant and dispute, or to disclose details of such a dispute to a new prospective landlord. Only the disclosure of minimum information (e.g. the new address of a tenant who has defaulted on a debt) is likely to be considered fair.

In practice, obtaining consent is a good idea. Without consent, you have to be absolutely certain that your use is fair (and it's not what you think that is important, it is what a court thinks) and prepared to defend your idea of what is fair.

So technically, a tenants consent is not required. In practice, unless a lawyer has told you your disclosure and use of personal information is absolutely watertight, not getting consent could expose you to unnecessary risk.