When you are arranging to move into a property through a real estate agency, you expect information held about you to be accurate and handled professionally. Discovering notes that are incorrect, inappropriate, or potentially harmful can be unsettling, particularly if you are concerned about how those notes might affect your tenancy or reputation.
This guidance explains, in plain English, how UK law approaches situations where a real estate agency or its employee has recorded or handled information improperly, and what steps you can take to address the issue.
Understanding the issue or context
Real estate and letting agencies routinely keep internal notes about prospective tenants. These notes may relate to viewings, references, affordability checks, or communications with landlords.
Problems arise where notes:
- are factually incorrect or misleading
- include inappropriate opinions or comments
- affect how you are treated as a prospective tenant
- are shared internally or externally in a way that causes you difficulty
Even if the notes were not intended to cause harm, inaccurate or unfair records can have real consequences, including delays, refusals, or strained relationships.
Understanding whether the issue is poor practice, a data protection concern, or a regulatory matter helps determine the right response.
The legal rules or framework
In the UK, information held about you by a real estate or letting agency is usually classed as personal data. This means it is protected by data protection law, including the UK GDPR and the Data Protection Act 2018.
Agencies are required to ensure that personal data is:
- accurate and kept up to date
- processed fairly and lawfully
- limited to what is necessary for legitimate purposes
If notes about you are inaccurate or inappropriate, you generally have the right to ask for them to be corrected or, in some cases, removed.
Separately, most letting and estate agents are required to belong to a government-approved redress scheme, such as The Property Ombudsman. These schemes exist to deal with complaints about poor or unfair conduct by agents.
Practical steps to take
If you have discovered notes that need to be changed, the following steps can help bring clarity and resolution.
First, ask the agency for a clear explanation of the notes. Do this in writing and request copies of any records held about you.
Second, formally request correction of any inaccurate or misleading information. Data protection law supports your right to have incorrect data rectified.
Third, keep a written record of how the notes have affected you, such as delays, refusals, or stress caused.
Fourth, if the agency does not resolve the issue, consider escalating the complaint through their internal complaints procedure.
Finally, if the matter remains unresolved, you may take the issue to a regulatory or redress body such as The Property Ombudsman. In more serious cases, where harm has been caused, fixed-fee legal guidance can help you assess whether further action is proportionate.
Common pitfalls to avoid
A common mistake is assuming that internal notes do not matter. In practice, they can significantly influence decisions.
Another pitfall is raising concerns informally without following up in writing, which can make escalation harder.
Some people also focus only on the behaviour of one employee, when responsibility usually rests with the agency itself.
Finally, delaying action can allow incorrect information to continue affecting your position.
Frequently Asked Questions
Can a real estate agency keep notes about me?
Yes, but those notes must be accurate, relevant, and lawful.
Can I ask for incorrect notes to be changed?
Yes. You have the right to request correction of inaccurate personal data.
What if the notes caused me problems?
You may be able to complain and, in some cases, seek redress.
Who can I complain to if the agency ignores me?
You can escalate to a redress scheme such as The Property Ombudsman.
Is this a data protection issue?
It can be, particularly if inaccurate data is being processed.
Should I get legal advice?
Many people find fixed-fee guidance helpful where the issue has caused real harm.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.