Bond disputes, data protection – tenant request advice

Hi Rochelle

Sounds like things got blown out of proportion to me, it happens in life sadly. The best thing we can do it put it behind us and move on.

I’m glad to hear it all got sorted though and I hope you enjoy your new home.

Regarding Data Protection, the Letting Agent works as an agent for the landlord. Therefore, any details about the tenant are the property of the landlord which he can obtain at any time. Therefore, I really don't think any rules have been broken.

Mark is quite right that the Landlord would have been supplied with your details from the Agent and that there is nothing wrong with the Landlord contacting you directly. However, there is a issue with the Landlord continuing to coerce information from your 11 year old son. The Landlord should have confirmed who he was speaking to and when it became apparent that your son is a minor he should not have continued with the conversation. Asking your son to reveal further personal information that the Landlord was not entitled to know such as your son's school was also overstepping the mark. This is similar behavior to where individuals and organisations have tried to exert pressure on individuals to reveal confidential information such as social media log - in and password information, which they should not have to do. Schools and Insurers have been guilty of this.

However, ultimately you were the tenant and it was your name on the assured short hold tenancy, not your son's, and the landlord should have been raising any issues with you, not calling and threatening your son. In practical terms there is little that you can do in terms of recourse, but you would certainly be entitled to complain to the Agent over the Landlord's threatening behavior and ask that all future communication should be through the Agent alone and should be directed to you, not to members of your family.

I hope that this matter is resolved to your satisfaction soon and that it doesn't spoil your enjoyment of your new home

Hi Peter

We will never actually know what was said between the landlord and the 11 year old.

There are always two ways to look at this situation. It may have been just as you have described, however, the conversation may equally have been perfectly innocent. Obviously Rochelle was upset that the landlord was given her information in the first place. That would certainly have jaded her perception. It may just as easily have been the case that the landlord was trying to be friendly when he realised he was talking to the son of the tenant. Asking questions such as do you like school, which school do you go to etc. could have been perfectly innocent conversation with no malice intended at all, more a case of just trying to make polite conversation. Same goes for the landlord telling the little boy that he will pop around to see them. In situations like this things can so easily get misconstrued. We will never really know what really happened but despite Rochelle being uncomfortable with the situation I think this is probably a storm in a tea cup and time for her to move on.

Further thought, should the 11 year old boy be left home alone?

Reply to the comment left by "Mark" at "08/07/2013 - 18:06":

How do you know he was alone? The post says he answered ther phone.

Reply to the comment left by "Michael Barnes" at "10/07/2013 - 11:23":

Fair point