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I have registered with LRS and currently manage 18 active tenancies and a further 6 student properties. I've had a look at the tenancy agreements that have been used, (from the guild of residential landlords) and I can't find a clause in them that states I am allowed to share the tenants information with referencing agencies like LRS.
Am I able to upload them if I get them to sign a waiver? Also how do I revert the default status where all tenant searches return as NO MATCH?
Good Morning Damien.
As long as you have a legitimate interest, with a contract of tenure, between two parties (landlord or letting agent and tenant) yes you are permitted by law to upload a tenants details onto the Landlord Referencing network WITHOUT getting them to sign any waiver. This is because at LRS we DO NOT give out any sensitive data or pass any information onto third parties (unlike other referencing companies); we simply put you in touch with the tenants last landlord. And the only way the landlord/agent would have got these details is if the the applicant tenant is sat in front of them, giving them the details.
Further reading: ICO question & answers.
Regarding reverting the default status where all tenant searches return as NO MATCH simply give your personal data-controller a call on 01934 645 237 or request a call back and they will be able to over-ride this security procedure, once you’ve explained your situation.
Thank you for your enquiry Damien, and remember you can download LRS tenancy templates (for free) from the Members Area menu.
Thanks very much for your reply.
I'll get the tenants uploaded today!
It’s a pity you don’t have a donate butotn! I’d definitely donate to this brilliant blog! I suppose for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to new updates and will talk about this blog with my Facebook group. Talk soon!
If the OFT or a Judge is making a decision on unfair/unenforceable terms in an agreement, then the first thing they’ll consider is whether the agreement is unbalanced by a clause that unfairly benefits one party to the detriment of the other. On that basis, forcing the tenant to take out rent insurance does seem a bit one sided and I don’t think anyone would expect this to be included as a core term of a standard tenancy agreement. However, if you really wanted to do it, you could just have it as a separately negotiated clause. The Unfair Terms in Consumer Contracts Regulations (1999) do not apply to separately negotiated clauses. You would have to make it clear this was indeed negotiated separately, e.g. send a separate letter before the agreement is signed discussing the clause and asking for their separate written agreement to it.
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