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"  Read More

Tenant or Applicant Consent Form

• Members Download Document here
• Non Member  sample here

 

• 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

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.