I wonder if anyone on here can advise on the wording for a Privacy Notice for GDPR compliance?
I’m aware of the advice on this site ( Our Data Protection Policy: GDPR Update | OpenRent ) and the information and tools offered by the NRLA but would be interested to know how others have approached this matter and if anyone has a Privacy Notice wording they would be willing to share or general comments about the best way to address it.
I use the one from Tessa’s website on Landlord Law
Do not include your data information notice as part of your contract. Serve as a separate entity so it does not terminate if your contract terminates.
I just visited and searched the ICO website for how a landlord would register.
I asked the bot on the site:
“How does a private landlord register with the ICO?”
That took me to a page that keeps referring to “your organisation”, nevertheless I carefully went through the ‘do I need to register’ self-assessment questionnaire, the situation being a private landlord with one property.
The assessment was: “You are under no requirement to pay a fee
Organisations or individuals who only process personal data for judicial functions, elected representative functions, to maintain a public register or for domestic or recreational reasons are exempt. You therefore do not have to pay a fee to the ICO.”
This was after answering the questions accurately. The reason must be because a one-to-one landlord-tenant relationship is classed as a ‘domestic’ reason.
I’m surprised how ambiguous it all is. So I’m wondering how many of the contributors who post ‘of course you must register with the ICO’ are landlords themselves, have actually done the questionnaire and gone into the details.
I suspect you didnt answer the questions properly or there was a glitch. Almost all landlords will need to register unless they keep EVERYTHING on paper and its not organised in any way. Even a tenants number on your phone is enough to need ICO registration.
I agree with David122. If you are a self managing landlord you will be required by law to conduct a Right To Rent check which requires you to record details of a tenants passport or other identity documents. If you reference your tenants you will record info on their income and credit history etc. If you use an agent you will still be privileged to most of the tenants personal details. I self manage and ask a series of personal questions before they are able to view so issuing a privacy statement in advance gives the prospective tenant confidence that I am aware of my responsibility to handle their personal data according to GDPR guidance.