Rental Dispute Case
The client is facing an issue with a rental company in Western Australia. They have been denied access to an application where they had logged issues related to their rental property, which they need to access to contest charges amounting to approximately AUD 1,500. The company claims that privacy regulations prevent them from granting access, particularly as the previous contact person is no longer with the business. The client's ability to retrieve evidence for submission to the relevant authority is hindered by this refusal. The matter involves complexities around data protection and rental disputes, as the client attempts to reclaim their deposit.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I challenge the rental company's refusal to grant access to my information?
You can challenge the company's refusal to grant access to your information by submitting a formal request under applicable data protection laws. This requires the company to provide you with copies of your personal data they hold. If they deny your request citing privacy regulations, it's crucial to remind them that these laws are designed to protect and allow individuals access to their personal data. If they fail to comply within a stipulated timeframe, you can escalate the issue to the relevant regulatory body.
What are my options for submitting evidence to the deposit protection authority if access to the application is denied?
You may consider gathering any alternative evidence you have outside the application, such as emails, text messages, or any written correspondence with the rental company regarding the issues reported. Additionally, you could submit a formal request to obtain any logs or data they hold about you that could be useful. Consult the deposit protection authority's dispute process to ensure your submission includes all relevant information they need.
Can the rental company legally remove my access to the application citing privacy laws, and what can I do about it?
The rental company's claim of citing privacy laws as a justification for access denial may not hold if they are withholding data that you have a right to access. You can submit a formal data access request to obtain relevant records. If they continue to deny access without valid reason, you can escalate the issue to the relevant regulatory body.
What steps should I take if the rental company claims that no logs are held and my contact has left the company?
If the rental company claims no logs are held and your contact has left, ensure you collect alternative proof of communication, such as emails, or any written correspondence you have. You should also formally request that the rental company conduct an internal search for any related records in their system. Under data protection laws, organizations are required to maintain records of processing activities.
How can I prove that I communicated issues with the rental company without access to the application?
To prove your communications about issues with the rental company, gather any alternative evidence you might have, such as email or text message history. If you have photographs related to the issues reported, these can also support your case. Additionally, seek statements from anyone who witnessed the issues or discussed them with you.
