Tenants' referees may not have right to confidentiality

A newspaper consumer column has highlighted a potential problem for letting agents and landlords - that is, a tenant has an apparent right to see a reference even if the referee who authored it does not give consent and even if it identifies the referee in question.

 

Observer consumer champion Anna Tims  received a letter from a tenant stating: “I have been turned down by a letting agent for a flat as I failed the referencing. It couldn’t tell me why, so I contacted Blinc Referencing, which handled the process. It refused to tell me. Are they allowed to do this? Is this a data protection issue? MH, London.”

 

Tims says she contacted Blinc, which says it withholds references to protect its referees. 

 

“We would be able to write to the referees to ask if they would be happy for us to provide the applicant with a copy of the full reference,” says Blinc director Darren Bignall. “If they decline, then we would not be able to do so.”

 

But Tims says this position contradicts consumer protection laws. According to the Competition and Markets Authority guidelines - confirmed to Landlord Today’s sister site Letting Agent Today by the CMA this week - the tenant’s right to know the reasons for a failed check outweigh a referee’s right to confidentiality. 

 

“The failure to explain why a check was failed may count as a misleading omission since it deprives the tenant of the chance to defend their case. You have the right under the Data Protection Act to request a copy of your personal data," advises Tims. 

http://www.landlordtoday.co.uk/news_features/Tenants-referees-may-not-have-right-to-confidentiality