GDPR With whom can I share Tenants Information?
As of 25th May 2018 the laws as to how Landlords and Letting Agents obtain, process and share information about a Tenant or an Applicant have changed.
In simple terms the person providing information must be informed of their rights. This must be done prior or at the point of data collection. As an example we inform the persons providing such data "You have the right to withdraw your consent. You have a right to see the information we hold, update it, change it and delete it"
Consent is a key requirement of compliance
If tenants do not have a real choice about whether or not their personal data is processed,
and if they are not able to withdraw consent if they want to, without
detriment, then any ‘consent’ they may have given will not meet the
requirements of the DPA. The argument "I have a right to use their information because I am their landlord is not likely to suffice" see
Consent GDPR
The document below should be provided with the Tenancy Application Form, where not previously provided given to existing tenants.
GDPR Compliance Tenant Applicant Consent Form
Some commentators are saying to emcompass all the regulations your Guide will be 30 pages - but this appears to contradict a key principle of GDPR which is information be clear. PIMS have looked at all the guidance and defining principles and our document satisfies these. If you wish to see a very good guide to Landlords and Tenants GDPR see Housemark Guide from Antony Collins Solicitors
click here do view
Data Controllers such Landlords and Agents must audit their data collection and working processes -
- TIP a very good term of reference is use the PIMS flowchart to Lettings this clearly shows how we process a tenant through the lifecycle from initial enquiry through to tenancy end.
Some say no, the ICO say yes [and they are the people with the ability to fine you 4% of your income]. Think of it this way - for you to perform your legal duties you are required to keep and retain a persons ID [Immigration Act] , you see Tenants Bank details and other sensitive/private/personal information you are likely to have information stored digitally [PC, email, phone etc] Any piece of data stored electronically can be argued to make you be required to register with the
Information Commissioners Office the only way to find the answer is use their
Self Assessment Test do you need to register
The Data Protection Act 1998 will not prevent a landlord from releasing personal information where they have a legal obligation to do so. In GDPR this is now a Contractual or Legal requirement
Can a landlord pass the names of new tenants to the utility companies?
Yes. A landlord has a legitimate interest in making sure that utility
charges are directed to those responsible. However, landlords should tell individuals when they first agree to the tenancy that their details will be passed on.
Clause 1.4 in the
PIMS Tenancy Agreement ; The Landlord reserves the right to notify any provider of services the names of Tenants.
Can landlords see references which were provided to the letting agents?
The
agent can pass this information to the landlord, as long as, when the reference is asked for, they make clear to the tenant and the referee that this will happen.
Can landlords put up a list of tenants who are in arrears?
No. Information about an individual’s debts should only be given out in limited circumstances. It is only justifiable to tell
someone if a tenants has not paid their rent if this has a direct effect on them (
see Rent Arrears & Guarantors), for example, if they become legally responsible to help meet any shortfall in shared maintenance charges.
Can landlords disclose details of a tenant who left without paying the rent?
Where a tenant leaves without paying the rent, and without making any arrangement to pay, landlords may provide their details to a tracing agent or debt collection company to help them recover money owed to them. However, it would be good practice to make tenants aware when they sign the tenancy agreement that in such circumstances this will happen. This may also help tenants think twice about not paying rent.
- The Tenant agrees: that the Landlord can forward details about how the Tenant has conducted this tenancy to any prospective future Landlord, and to other agents, Landlords, and bad Tenant databases if they have conducted the tenancy in an unsatisfactory manner.
Yes. Sometimes a landlord will become aware that a tenant has moved leaving behind an unpaid utility bill or an account in credit. In addition a utility provider may need to contact a former tenant regarding continuing social support. In these circumstances landlords can pass a forwarding address (where known) to the utility companies as the Act is not intended to be an obstacle to disclosure in these situations. However, landlords must make tenants aware of these possible disclosures at the start of the tenancy.
- Clause 8.6 in the PIMS Tenancy Agreement : the Landlord can pass details he has about the Tenant to any creditor of the Tenant who may make an enquiry about him.
When can a landlord give out information?
In general, landlords should make clear to tenants when they sign the tenancy when and how their information will be given out. However, if an emergency repair needs to be carried out, it would not breach the Act to go ahead and provide tenants’ contact details to the repairers. On the other hand, if a domestic contractor is looking for work the tenants should be left to contact the contractor rather than the landlord giving out the tenants’ details without their knowledge or agreement.