Can I share tenant details with the landlord before the lease is signed?
In line with the Protection of Personal Information Act (POPI), may I provide information I receive from a prospective tenant (not signed up yet) to the owner of the property at this stage already? The owner asked me to send it through to her before we sign the person up on the lease agreement.
In terms of the Protection of Personal Information Act, an operator (such as a letting agent) processing personal information on behalf of a responsible party (the landlord), may only process the information with the knowledge or authorisation of a landlord, and must treat personal information as confidential and must not disclose it, unless required by law or in the course of the proper course of their duties.
Since you are acting on the landlord’s behalf, and disclosing the information to the landlord is necessary to execute your duties under the mandate, you would not be breaching POPI to hand over personal information regarding a tenant to the landlord, which would include the tenant’s credit report or affordability assessment.
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Who is Marlon Shevelew?
Marlon Shevelew is the director of Marlon Shevelew and Associates Inc. a law firm specialising in rental property, contractual, consumer and company law.