When my wife and I agreed to rent a property, the landlord's agents, Kinleigh Folkard Hayward (KFH) requested that we complete reference checks at a cost of £96.
Four days before we were due to move in, the agent informed us that the landlord had changed his mind about letting the property.
Despite the landlord reneging on the written agreement, KFH told us that our fees wouldn't be refunded nor could we have access to the references due to data protection issues. It strikes us a wholly unfair that due to no fault of our own we are out of pocket and are barred from access to the references we have paid for. SJ, London
KFH says that the holding deposit form that you signed confirmed that if the landlord withdrew, it would refund your deposit minus reference fees which are 'an outsourced expense'. It then tells me that the Data Protection Act only permits the agent and the landlord to view references and that, as the referencing agent, Homelet, acts as Data Controller you must, for a further fee, ask it, to seek permission from the referees to view the documents. If permission is withheld, you're out of luck.
This is misleading. The Information Commissioner's Office confirms that under the Data Protection Act, a person has the right to copies of information held about them. And the property ombudsman expects agents to pass on references, unless there are unusual circumstances, if a landlord withdraws.
Your next step, assuming that you have already formally complained to KFH, would be to refer your case 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. Please note that Anna cannot reply to letters individually
