Estate Agents _ Application Form

insert name here 123

Hi, just curious if it is normal for an estate agent to ask prospective tenants to fill out a form, detailing employment, nationality and if looking to rent under HAP.

Its not for myself just a friend who is looking to rent was sent a form to fill out before viewing.

Is this normal practice?

It seems, for instance; you from a certain country or work for a company (not to the liking of estate agent) you can be dismissed? Or you tick the HAP box same outcome.....

Graham

What stage of the process is your friend at?

If your friend hasn't even seen the property/made an offer, it's too much info and not in line the with guidelines from the data protection commission.

Your friend could point this out to the EA but that is likely to rule them out for this property. The EA is also likely to claim that COVID restrictions prevent the normal process applying.

insert name here 123

Graham wrote: »

What stage of the process is your friend at?

If your friend hasn't even seen the property/made an offer, it's too much info and not in line the with guidelines from the data protection commission.

Hi, they have made a query about possible viewing. Was informed a message will be sent on what'sapp of home and form to email with details....

Caranica

They can't ask about HAP as it may be used to discriminate which is illegal.

Graham

The EA is overreaching.

Personally, I'd send them a link to the below PDF and lodge a complaint with the DPC. Still far too many EAs chancing their arm with this type of BS.

If I were a HAP tenant I might consider completing the form and if subsequently declined by the EA then lodge a compaint with the DPC and the WRC.

Guidance on Requesting Personal Data from Prospective Tenants

The case study in the green box is a very similar scenario to the one faced by your friend.

insert name here 123

Caranica wrote: »

They can't ask about HAP as it may be used to discriminate which is illegal.

Só is it not normal for an EA to ask this question? At what point is it brought up in conversation?

Graham

Caranica wrote: »

They can't ask about HAP as it may be used to discriminate which is illegal.

Nationality wouldn't do them any favours either.

Graham

insert name here 123 wrote: »

Só is it not normal for an EA to ask this question? At what point is it brought up in conversation?

Right at the point your friend no longer wants the property unfortunately.

starbaby2003

We were looking for temporary accommodation whilst we get work done on our house. We were asked for a significant amount of detail to see if they would rent to us. I understand for large scale landlords this is standard.

insert name here 123

Okay, thanks for the replies. My friend has mentioned they felt uncomfortable stating nationality (what relevance is this) landlord could say ;

No Nigérians, Italians, Dutch, Chinese etc...

They will probably look elsewhere but it's not very profissional in my opinion...

Graham

While it's not uncommon, it certainly shouldn't be standard. Additional information should be asked of the successful applicant, not all applicants.

starbaby2003

Graham wrote: »

While it's not uncommon, it certainly shouldn't be standard. Additional information should be asked of the successful applicant, not all applicants.

Honestly I was so surprised. We have not rented in a long time but they asked for the following

Name
Address
Employment status

Bank statement showing you could cover the rent
Letter from employer showing work status and length of employment!!

Graham

starbaby2003 wrote: »

Honestly I was so surprised. We have not rented in a long time but they asked for the following

Name
Address
Employment status

Bank statement showing you could cover the rent
Letter from employer showing work status and length of employment!!

That's all ok if they're offering you a tenancy. It's not ok if they're asking multiple potential tenants at application/viewing stage.

starbaby2003

Graham wrote: »

That's all ok if they're offering you a tenancy. It's not ok if they're asking multiple potential tenants at application/viewing stage.

This was to be considered as an applicant for the property.
This was not offer stage.

Mrs OBumble

Graham wrote: »

What stage of the process is your friend at?

If your friend hasn't even seen the property/made an offer, it's too much info and not in line the with guidelines from the data protection commission.

Your friend could point this out to the EA but that is likely to rule them out for this property. The EA is also likely to claim that COVID restrictions prevent the normal process applying.

Who do you think carries more weight right now, the data protection commissioner or the Covid police?

insert name here 123

Só what are the options here?

Send a polite email to EA saying no longer interested.

Apply stating HAP tenant and wait for response?

Go straight to data protection?

Graham

Mrs OBumble wrote: »

Who do you think carries more weight right now, the data protection commissioner or the Covid police?

Some might suspect that's why I mentioned it in my earlier post.

Regardless, I doubt an agent could argue all applicants Nationality and HAP status were required at application stage due to Covid restrictions.

Baby01032012

It’s a grey area. They are not allowed discriminate or refuse HAP applications. In one sense they are gathering information before moving forward. They’re not allowed to show prospective tenants so have to make a call based on info provided.
At the same time they should be more clever and not put themselves in position where if someone puts HaP on the form and doesn’t get the property they potentially could claim refusal based on the form.

Graham

Baby01032012 wrote: »

At the same time they should be more clever and not put themselves in position where if someone puts HaP on the form and doesn’t get the property they potentially could claim refusal based on the form.

HAP status and Nationality, it's like they're looking for a date in front of the WRC.

Meeoow

Surely they have an idea of nationality from their name. And can gauge from employment and bank statements whether they will be looking fro HAP without having to come straight out and asking.

Baby01032012

Some people are just plain stupid and logic doesn’t feature. Note: I’m an agent too...

dennyk

Baby01032012 wrote: »

It’s a grey area. They are not allowed discriminate or refuse HAP applications. In one sense they are gathering information before moving forward. They’re not allowed to show prospective tenants so have to make a call based on info provided.

They cannot legally "make a call" based on some of the items on that form, so asking for those details from applicants (in writing, nonetheless!) is extremely foolish. They are practically handing all of their prospective tenants the ammo for a successful discrimination complaint when they're refused. Some of them (e.g. nationality) shouldn't even be asked of a new tenant, never mind an applicant.

Graham

Page two of the form asks for applicants religion, sexual orientation and if they're planning to get pregnant during the tenancy. :pac:

Atlantic Dawn

How can someone actually present themselves as an Estate Agent and be stupid enough to not know about asking the HAP question?

Baby01032012

Atlantic Dawn wrote: »

How can someone actually present themselves as an Estate Agent and be stupid enough to not know about asking the HAP question?

You’d be surprised how stupid some of them are. Only since the PSR Act came in 2012 do agents now require minimum qualifications.

Atlantic Dawn

Atlantic Dawn wrote: »

How can someone actually present themselves as an Estate Agent and be stupid enough to not know about asking the HAP question?

In fairness, if they know right well the landlord isn't going to accept a HAP tenant, then why bother wasting everyone's time. All this beating around the bush is doing, is leading on the prospective tenant to thinking they have a chance of getting a property that, when the Landlord finally gets the HAP question answered, they haven't a hope of.


If I were a HAP recipient, I'd rather just know from the start "look X won't take HAP people, but Y will, so this is the list of properties that are actually available to you.


Would save everyone a lot of messing about.

Del2005

Deleted User wrote: »

In fairness, if they know right well the landlord isn't going to accept a HAP tenant, then why bother wasting everyone's time. All this beating around the bush is doing, is leading on the prospective tenant to thinking they have a chance of getting a property that, when the Landlord finally gets the HAP question answered, they haven't a hope of.


If I were a HAP recipient, I'd rather just know from the start "look X won't take HAP people, but Y will, so this is the list of properties that are actually available to you.


Would save everyone a lot of messing about.

If a person is looking for HAP there's no point in sending a family to view a 1 bed or a single person to view a 3 bed because it won't be approved, having this at the start saves everyone's time. But I'm sure the WRC will say it's discrimination to refuse to send a HAP recipient to view a property they won't be approved for by the council

AndrewJRenko

Del2005 wrote: »

But I'm sure the WRC will say it's discrimination to refuse to send a HAP recipient to view a property they won't be approved for by the council

Why would you be sure of that? Have they made similar decisions in the past?