As a Landlord am I entitled to receive a copy of Agent to Tenant emails?

As a Landlord am I entitled to receive a copy of Agent to Tenant emails?

9:15 AM, 30th July 2024, About a month ago 7

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Hello everyone, I use a Letting Agent with full management services with a Landlord Agreement

The agreement states that the Agent acts on the Landlord’s behalf.

What I want to know is if I am entitled to receive copies of emails that my agent has sent to my tenant?

Does this cause any kind of GDPR issue for the agent?

I would like to know if the agent has committed me to something I may not be aware of.

Many thanks

Martine


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SteveFowkes

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10:19 AM, 30th July 2024, About a month ago

If course you are - the agent is working for YOU!

Crossed_Swords

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11:47 AM, 30th July 2024, About a month ago

You need to be specific, why do you think this? Best to just ask. Yes there could be GDPR issues depending on what you have set up e.g. are you registered with the ICO? The agent does work for you but it does not follow that they have to provide everything to you. This is a good guide

https://thebla.co.uk/how-to-comply-with-gdpr-landlord-agent-guide-2021/

Judith Wordsworth

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16:44 PM, 30th July 2024, About a month ago

Yes. Your letting agent is "your servant".
If you have any information sent by email to you re your tenants . even their email address you need to register with the ICO. Pay by DD = £35 pa I think.

Rachel Taylor

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16:53 PM, 30th July 2024, About a month ago

I always copy my landlord in on emails I send to the letting/managing agents

DPT

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18:17 PM, 30th July 2024, About a month ago

Yes, you're entitled to see everything the agent sees. To avoid problems, you should have your own GDPR privacy notice which you give to the tenant. You should also be registered with the ICO.

DAMIEN RAFFERTY

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19:32 PM, 3rd August 2024, About a month ago

Do you want your tenant to have your email address ?
If the agents copy you in to every email they might also CC the tenant
If your happy with that No problem but sometimes Landlords want to stay in the background when dealing with Tenant issues
That is why you employ an agent

Lina Borzenkova

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9:57 AM, 8th August 2024, About a month ago

Since the agent is acting on your behalf, you generally have the right to know what communications are being made in your name. This includes copies of emails sent to tenants, as these communications are part of the service you are paying for and directly affect your property and interests. Review the landlord agreement you have with the letting agent. It might specify the extent of the agent's responsibilities and your rights as the landlord. If the agreement doesn't explicitly mention your right to receive copies of emails, you can request this from the agent. In many cases, agents are willing to provide such information to maintain transparency and trust. Under GDPR, personal data must be processed lawfully, fairly, and transparently. This applies to both the letting agent and you as the landlord. The tenant's personal data (e.g., email address, contents of the emails) must be handled according to these principles. The lawful basis for sharing the tenant's personal data between the agent and the landlord is likely to be "contractual necessity." The agent needs to share certain information with you to effectively manage the property. However, this sharing should be limited to what is necessary for this purpose. The tenant should be informed about how their data will be shared and with whom. Typically, this is covered in the privacy notice provided to the tenant when they enter into the tenancy agreement. The tenant does not necessarily need to give explicit consent for this type of data sharing if it is covered under contractual necessity.
I would recommend to:
1. Check your landlord agreement for any clauses related to communication and information sharing.
2. Contact your letting agent and formally request copies of the emails sent to your tenant. Explain that as the landlord, you need to be aware of all communications for effective management of the property.
3. Ensure that the tenant's privacy notice covers the sharing of their data with you as the landlord. This is usually the responsibility of the letting agent, but it’s good to verify.

We are a law firm in Guildford, specialising in landlord and tenant issues.

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