To be annoyed that estate agent has written to tell my landlord I'm house hunting

[TheThingsWeDo]

I'm currently renting a flat but hoping to buy a house later this year. DP and I have been registering with estate agents near us and have viewed a couple of houses. We haven't spoken to our landlord about our intention to buy a house and wouldn't do so until we are ready to give notice on our tenancy (in accordance with our tenancy agreement of course) as we have no idea how long it could take us to find somewhere- it may not be for another year.

I've just opened up a letter, addressed to 'The owner' which I opened up without looking properly, thinking it said 'The occupier'. If it makes any difference DP and I are the first people to have lived in the flat so we don't ever get post for previous tenants, hence me not looking too carefully at the envelope.

Anyway the letter is from one of the estate agents that we have recently registered with and says "We have received a visit from your tenants looking for a new home, and therefore assume that the property will shortly be vacant and generating no income". Then it's blah blah blah, do you want to rent your property through us etc.

AIBU to be furious that the estate agent have invaded my privacy in this way and written to my landlord, suggesting that I will soon be moving out? I don't think it's their place to be contacting my landlord, or anyone else for that matter, about the fact that I am house hunting. WIBU to contact the estate agent and tell them that I think their behaviour is completely inappropriate?

[springykyrie]

YANBU. I'd certainly be furious, personally.

[londonrach]

Any replies yet

[ohhifruit]

I would be utterly furious. We're currently renting and in the process of buying, we will not be informing our landlord of anything until we exchange at the very earliest.

I wouldn't send it as an email I would write a letter, take it into the branch and ask for a signed receipt.

[Joysmum]

I'm a LL and I'm livid on your behalf. I too would be stubborn and make sure I did everything g I could to get them into a whole heap of shit on principal!

[Mumoftwoyoungkids]

Good point Misty - didn't think of that.

[NewtRipley]

Excellent email, with excellent additions ny Misty

Go lawyer on them!!

[MistyB]

No, don't tweet it, your landlord does not know (as you have intercepted the letter) that you are planning on moving, there is no need to broadcast it.

[Mumoftwoyoungkids]

It is for things like this that twitter was invented for.......

[MistyB]

Third paragraph.

I was not advised that xxxxxxx of xxxxxx would use my personal data in such a way and believe that xxxxxxxx have breached the Data Protection Act in this instance. As advised by the Informations Commissions Office, I am obliged to give you the opportunity to put things right before proceeding further.

Please take this as confirmation that you do not have the right to use my personal data to contact my landlord in this manner and that this falls within the definition of having significant risk of causing substantial detriment including substantial distress.

I hope to hear from you within the next 5 working days to confirm that action has been taken to prevent such a breach of Data Proctection in the future and confirmation that all of my personal details and records have been deleted and removed from your systems.

Yours etc

reporting

handling

[LongTailedTit]

YANBU! I'd add something to the letter about the fact that they have put your tenancy in jeopardy, as there is no certainty that you'll find a suitable property at time time soon, and they may have damaged the Landlord-Tenant relationship by suggesting you were ready to hand your notice in.

It would have been a little more understandable if you had had an offer accepted already and were proceeding on a property, but you're only in the first stages of property hunting - hardly ready to up sticks!

[Pinkandwhite]

Yanbu. Never, ever trust estate agents. Definitely make a complaint about this.

[RenterNomad]

Thankfully, they can't get in touch with your LLs without using your address. However, as they seem to be dim enough to hope you will pass on something like this, you don't need to admit this tiny mitigating point!

[TheThingsWeDo]

Ok so here is my proposed reply. Feel free to suggest changes. I think the ending is a bit rubbish and also think I sound like I have a lemon in my mouth!

Dear Sir/Madam,

I recently registered with XXXXXXXXX Estate Agents as my partner and I are looking to buy a house together at some point this year. On registering with XXXXXXXXXX I had thought that my personal data, including my address, would only be used for the purpose of contacting me about properties that I might be interested in. The Data Protection Act is very clear in that businesses must : "be transparent about how you intend to use the data" and "handle people's personal data only in ways that they would reasonably expect".

I was therefore very surprised to discover that XXXXXXXX of XXXXXXXX has written to the owner of the property I am currently renting to inform him that "we have received a visit from your tenants looking for a new home, and therefore assume that the property will shortly be vacant and generating no income".

I certainly did not expect that my address would be used to write to my landlord informing him that I have recently been searching for a property, nor do I remember being advised that XXXXXXXXXXXX intended to use my data in order to do this. I'd therefore be grateful if you could advise me of when I was informed of this so that I can be sure that XXXXXXXXXXX are not breaching their legal obligations under the Data Protection Act.

I feel that my privacy as a potential customer has been invaded and as a result do not want any further dealings with XXXXXXXXXX once my complaint has been responded to. You do not have permission to share or use my personal data again.

[wowfudge]

I think YANBU. I also think it is not very likely your LL will serve you notice if you are good tenants unless you are in a place where tenants are ten a penny.

[MistyB]

YANBU I would be furious!

[TheThingsWeDo]

I've got to pop out for a bit but when I get back will show you all my proposed email of complaint to critique if anyone wants to.

[lizzzyyliveson]

If you do see a property you like on their books then you can put a note through the door suggesting that they list it with a different agency so that you can view it!

[NewtRipley]

YANBU

That would make me furious.

Yet again, Estate Agents cover themselves in glory

[TheThingsWeDo]

I've just found this link about making a complaint about an estate agent www.oft.gov.uk/business-advice/estate-agents/estate-agent-complaints#.UvKTmhZ9_eM I think I'll see how the estate agent responds to my email to them first.

I can already predict that I'll get some weasly reply (if I get a response at all), not admitting that they've done anything wrong. All I want them to do is say sorry we shouldn't have done this and we won't do it again to other potential customers.

[TheThingsWeDo]

Thanks Hearts, I will ask in my email to them about how they share information- who with and ask to see where/when they informed me that they share information with third parties. Presumably they would have had to have informed me that they may share my data in order for me to 'consent' to this.

[Viviennemary]

They should not have told your landlord. I think they could be in trouble for breaching confidentiality. Is there an estate agents organisation you could report them to.

[Bankholidaybaby]

The Data Protection Act applies to anyone processing personal data, not just government.

www.gov.uk/data-protection/the-data-protection-act

[Bowlersarm]

OP I think you would be right to complain, don't get me wrong, but if I were you I wouldn't go down the 'and I'm never dealing with you again' route just in case you need them sometime in the future.

[londonrach]

Follow complaints policy which is letter to office, then to head office for dead letter etc. Im worried if one estate agent gets away with this others could....