Data protection notice to tenant

Landlord Discussion
1

Hi all,

From last 4 years i was using agent’s fully managed services and never knew anything.

This time, I have decided to use tenant find service only and amazed by the compliance requirements.

Do landlords need to register with ICO and provide data protection notice to tenants?

Also any tip to store your tenant’s data?

I never knew self managing would be that stressful..

Please advise.

Thanks

Keta

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2

@Keta

Yes there are lots of rules and regulations because you are running a business and responsible for people’s well being whilst in it.

See this

Source: The Independent Landlord Data protection and ICO registration for landlords • The Independent Landlord

And specifically

"### I’m a landlord – do I need to pay?

If you are processing personal data for the purpose of producing tenancy agreements/contracts, performing credit checks via a credit reference agency on prospective tenants and obtaining references. This would require you to pay a data protection fee."

Other things you may not have thought of

-adjustments to make a property child safe for small children
-testing for Legionellas
-fire risk assessments

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3

Hi David

Thanks for your reply.

Any idea what are the benefits of registering with ICO?

Thanks

4

Also tenant finding, referencing and contract was done by agency.

5

@Keta

Apart from being legally compliant and avoiding a fine you mean?

The benefit of registering with ICO is shows your tenants you take their data protection rights seriously I guess.

See this previous thread

In future when there is a PRS database, the ICO may well find a lot of LLs on it not registered with them and may well write asking them to register. Many will be using agents but many of those will still have done referencing checks or hold contact details.

Remember it’s an allowable expense for tax purposes

Best

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6

You would think.

My business services many estate agents, and I’m privy to the way in which they store and share tenant details including passports, driving licenses and bank statements, I have seen that it’s all too often farcicle. They are ICO registered.

.

7

There don’t need to be any. There are arguably no benefits to me paying VAT when I go to the shops, but I don’t have a choice. Its a tax. Do the right thing. Its called Honesty & Integrity.

8

For sure. Where there is no enforcement except against the most egregious offences or where tenants complain, the registration fee from the many is helping fund actions against the few. The description of RRA of letting agents as a ‘wild west’ still applies- any mistakes they make are the fault of the LL.

Suspect most are equally clueless about health and safety requirements where they don’t even have to register..

9

I agree, there are many things, including those youre not yet aware of. Its the unknown unknowns that will get landlords a £7k civil penalty. I’d suggest some urgent landlord training and join a landlord association.

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