Why don’t agents use ‘bad tenant’ databases?

Why don’t agents use ‘bad tenant’ databases?

12:39 PM, 27th January 2014, About 11 years ago 20

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I’ve discovered that a tenant I’m currently trying to remove is already registered on a ‘bad tenant’ database.

I’ve done a quick straw-poll with some of my regular agents and discovered that none of them routinely check if prospective tenants are on any of the various databases available. Does anyone know why these databases seem so unpopular with professional agents?

I rent a couple of properties, so only need to find new tenants maybe once a year. This makes it un-economic for me to subscribe to all of the half dozen or so ‘bad tenant’ databases I’ve encountered. I’d have thought that if a letting agent is vetting hundreds of tenants a year then it would make sense for them to subscribe to all of them.

BTW, I did ask this question of my agents, but didn’t really get much of answer, they just mumbled a bit and made a few half-hearted excuses. (this includes some of the larger, national agencies as well as the smaller local ones) Why don't agents use 'bad tenant' databases?

The possible reasons I can think of are either a) the letting agent doesn’t really care, and is just looking to claim his fee b) there are too many databases to choose from and the agent doesn’t know which one to use or c) the agent knows the databases aren’t very good.

Or is there something else I’m missing?

Thanks

Lima7


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Romain Garcin

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11:40 AM, 2nd February 2014, About 11 years ago

Reply to the comment left by "Mark Alexander" at "02/02/2014 - 11:23":

Exactly, Mark. I think indeed that most landlords are not registered with ICO and omit to inform tenants and seek their consent re. use of personal data.

Puzzler

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11:46 AM, 2nd February 2014, About 11 years ago

Ian, I was not referring to LRS, my comment was a general one as there are a lot of sites of dubious character on all subjects

Mark Alexander - Founder of Property118

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12:05 PM, 2nd February 2014, About 11 years ago

Reply to the comment left by "Romain " at "02/02/2014 - 11:40":

That's not the fault of LRS though is it? Landlords would still be in breach of the DPA even if LRS did not exist!
.

Romain Garcin

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12:13 PM, 2nd February 2014, About 11 years ago

Reply to the comment left by "Mark Alexander" at "02/02/2014 - 12:05":

No, it's not their fault. I didn't imply that it was!
But they perhaps should make it clear to landlords that consent is needed before letting them add a database entry.

Mark Alexander - Founder of Property118

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12:27 PM, 2nd February 2014, About 11 years ago

Reply to the comment left by "Romain " at "02/02/2014 - 12:13":

They do! 🙂
.

Romain Garcin

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12:52 PM, 2nd February 2014, About 11 years ago

Reply to the comment left by "Mark Alexander" at "02/02/2014 - 12:27":

Well, they suggest that this is not necessary but recommended, then that landlord must be clear about why data is collected. Not crystal clear to me what is what.

Paul Routledge

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16:34 PM, 2nd February 2014, About 11 years ago

The link below may help some understand the ICO's requirements for landlords. Please don’t get confused with a letting agent referencing for a landlord who is the third party and a landlord who has a legitimate interest to reference for the purposes of them raising a AST contract for themselves.
When you look at data protection you need to read between the lines of legitimate interest and fairness. The ICO recommendations are not law they are guidance and you should not think that referencing by a landlord makes them need a DP license, the ICO does not look for anything other than legitimacy, fairness and not excessive when landlords are looking to reference a potential client for themeselves.

I have posted this below which may help those confused more.

http://www.landlordreferencing.co.uk/lifestyle-tenant-referencing/

Mark Alexander - Founder of Property118

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16:40 PM, 2nd February 2014, About 11 years ago

Hi Paul

Nothing to do with referencing, all personal data relating to consumers held in electronic or paper form requires a data protection licence. Even an AST counts, never mind proof of ID, application forms etc.
.

Ian Ringrose

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17:26 PM, 2nd February 2014, About 11 years ago

Reply to the comment left by "Mark Alexander" at "02/02/2014 - 16:40":

Most landlords ask for this information on a form and the tenant signs the form to say that the information can be used for referencing and credit checks etc. Even without a copy of this form, it is clear way the information was given.

It is expected and well understood that landlords will provide a reference when asked, LRS just helps this process.

The ICO has now made it clear (see http://www.thehrdirector.com/legal_updates/legal-updates-2014/ico-advises-that-a-clear-personal-device-at-work-policy-is-a-2014-priority/) it is only interested in serious or repeat violations, so I don’t see any real risk to a small landlord that is not registered provided the landlord acts according to data protection principles.

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21:54 PM, 1st November 2017, About 7 years ago

I do not approve of these databases. They are a bad solution to the problem. Firstly, most bad T are not on the blacklist until AFTER they have ripped you off. Putting them on the blacklist does not give you possession.
2nd is that good T with minor blemishes on their records are unfairly excluded from renting as RGI will reject at the slightest historical issue. A person with a minor blemish has to suffer rejection for years as the blacklist follows him around with a computer says NO tattoo on his forehead.
3rd, being put on the blacklist is punishment without trial or right of appeal. Maybe L is the bad guy? Who has independently reviewed the facts of the case? Guilty with no way to prove innocence.
Finally, do we want to live in a society where the majority of good T face intrusion and many people are made to suffer disproportionate discrimination just to deal with a tiny minority of bad apples?
The real solution is for the law to give L effective power to quickly and cheaply evict bad T. The more databases are used as a sticking plaster the longer it will be before the real problem of the ineffective court process is dealt with.
A final point is the databases also track previous L and his properties. Should L run into trouble with his creditors, he too will be easy pickings.

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