I have been turned down by a letting agent for a flat as I failed the referencing. It couldn’t tell me why, so I contacted Blinc Referencing, which handled the process. It refused to tell me. Are they allowed to do this? Is this a data protection issue? MH, London
Blinc says it withholds such information to protect its referees. “We would be able to write to the referees to ask if they would be happy for us to provide the applicant with a copy of the full reference,” says director Darren Bignall. “If they decline, then we would not be able to do so.”
This stance contradicts consumer protection laws. According to the Competition and Markets Authority guidelines, the tenant’s right to know the reasons for a failed check outweigh a referee’s right to confidentiality. The failure to explain why a check was failed may count as a misleading omission since it deprives the tenant of the chance to defend their case. I put this to Blinc, but it fails to reply.
You have the right under the Data Protection Act to request a copy of your personal data and, if it’s still refused, you should appeal to the Property Ombudsman.
If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number.
