guarantor details withheld from landlord by letting agency.

[wobbledeenot]

I have recently rented out my flat through a letting agency,, they have a tennant in place and everything seems fine, but the agency will not give me the tennants guarantors details. Is this legal?? are they data protected? surely the landlord can request these details even if the agent is managing the flat on their behalf???

[ChuckFickens]

Why would you need this detail?

Anyhow, yes it would be covered by the DPA, and would be covered by "Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information"

Do you have an overriding legitimate reason for needing this information?

[milly143]

If the agent is managing the the flat, including rental payments on your behalf then why do you need the guarantor details?

[themas]

1. I would have thought the guarantor details would be in the tenancy agreement, of which the agent must give you a copy.

2. So I presume that, for some reason, they are not in the agreement. That leads to 2 possibilities:

a) There is no guarantor and the agent is misleading you; or

b) The agent is genuine & has some valid reason for not giving you the details - although I cannot imagine what that might be.

2. You need to point out to the agent (in writing, keep a copy) that you have a vaild reason to know the guarantor information - i.e. to reassure you that the rent can be paid if the tenant defaults - & ask them to confirm to you in writing that there is a guarantee in place and say precisely why they will not give you the details. If you are not satisfied with the reply you need to write to them again holding them responsible for any rent not paid by the tenant if there is in fact no guarantee in place. Then change your agent as soon as possible.

[Peter Pedant]

as a landlord I have never found them much use

if the rent isnt paid, you are going to chuck the tenants out
guarantor or not.