Privacy Statement
Data Controller:
Directors (Carrie and Martin
Kus) at Clarity Enterprises Ltd
Email address: [email protected]
Tel: 01246 463 007
What this Notice is about
This Privacy Notice tells
you what information we obtain and hold about you whether you are initially
applying to us for a tenancy or if you become a tenant, resident or guarantor. Or for landlord clients, looking to use our services or already a
customer. It explains what information we collect, why we collect it,
and what we do with it, as well as who we share it
with. We collect and handle personal
information about our tenants and residents, prospective tenants and residents
along with any guarantors to enable us to provide residential accommodation.
This includes dealing with applications for tenancies, checking the suitability
of tenants, residents along with any guarantors (including credit, immigration
and similar referencing checks), arranging lettings, property management
(including dealing with repairs), rent collection, dealing
with any complaints, maintaining our accounts and records, tenancy terminations
and administering tenancy deposits. We collect and handle personal information
about our landlords and prospective landlords. This includes dealing with
applications to use our lettings services from finding and sourcing tenants,
full management services, deal sourcing and refurbishments.
We call this information
“your information”. It is also referred
to as “data”.
Where this notice is given
to more than one person it is given to each of you separately.
If there is no guarantor,
please disregard any reference in this notice to guarantor or guarantee.
You should read this notice
when you give us information so you are aware of how and why we are using
this. Please update us if any
information supplied by you changes.
Why we are giving you this notice
We are required by data
protection law to give you this notice.
We must be open with you about why information is collected about you
and then what is done with it. We must
act fairly in relation to this information.
You have various legal rights relating to this information which are
spelt out in more detail in this notice.
If you are already a tenant,
resident or guarantor some of the items in this notice may not be relevant to
you. Likewise if you are already a landlord client, some of this information
may not be relevant to you. Different
information will be involved depending on whether you are a landlord, tenant,
resident or guarantor.
In order that we can collect
or use information about you there must be a legal basis or gateway for doing
so. This notice identifies the relevant
gateway for the various types of information we collect and hold about
you. A detailed explanation of these
gateways is given in
this notice.
Under data protection
legislation we can only process data “as necessary” and only to the extent that
it is needed. For example, we can use
your bank details in connection with payments and other limited purposes
only. However, in certain instances, as
necessary, we can share any of your data, e.g. with our own professional
advisers or solicitors or managing agents.
We may also share any of your data, as necessary, with the police/law
enforcement agencies or regulatory authorities.
References to a tenant in
this notice also include a guarantor if there is one. This is because a guarantor underwrites a
tenant’s obligations so references to your tenancy are to include your
guarantee.
The data we collect/hold about you
We use different ways to
collect data about you including the information you supply to us when applying
for a tenancy/residency or to use our services as a landlord. If you fail to provide this information we
may not be able to proceed.
As necessary personal data
is processed by us (or by any consultants or thord
party contractors we retain relating to landlords/prospective landlords/tenants/prospective
tenants/residents/prospective residents/guarantors consisting of the following
as applicable :-
·
Identity
and contact details including car registration
·
For
landlords, proof of ownership
·
For
landlords, property portfolio details including insurance documentation, health
and safety certificates, any licence applications, lender restrictions
·
Personal/background
information including occupation/status
·
Bank
details
·
Verification
and credit status
·
Deposit
(if any) including return on tenancy termination
·
Tenancy
details including renewals, joint tenants, other residents and guarantors
·
Immigration/right
to rent checks (England only)
·
Rent
and other payments
·
Recovery
of arrears, claims or possession proceedings
·
Repairs/health
and safety/housing conditions
·
Breach
of tenancy terms/nuisance/anti social behaviour
·
Council
Tax liability
·
Water
charges payable
·
Utilities
and services provided
·
Welfare
Benefits
·
Termination
of tenancy
·
Audio
and CCTV recordings (if any)
·
Complaints
·
Insurance
·
Health
or disability
·
Emails
texts and other communications and via our website where we operate one.
·
Website
and online portal information.
We also generate and use
data internally, e.g. our rent records.
We also collect and receive
data about you from third parties. This
may be information given to us by other tenants or residents or
neighbours. It can include information
from a guarantor where there is a guarantor for your tenancy or from a joint
tenant or other residents. Public bodies
such as local authorities or the police, or other law enforcement agencies may give us information about
you. This can include the Department for
Work and Pensions or the local authority where you are receiving Universal
Credit or housing benefit. Information
may be given to us relevant to Council Tax by the local authority. Utility companies or service providers may
also give us personal information about you.
We obtain information about you when we carry out credit checks or take
up references. We may also receive
information from you via websites or from online rental portals such as,
Zoopla, Openrent, Gumtree or Rightmove. Any information which we receive in this way
is set out in the Table to this privacy notice which gives you more details
about information which we can receive from third parties.
Sharing data with others
We will share information we
hold with others, where this is necessary.
When we do this we must comply with data protection legislation. Information can be shared with other people
including where you apply to another landlord for a tenancy; contractors/
suppliers; utilities and service providers; tradespeople; financial
organisations (including banks and insurance companies); debt collection and
tracing agents; public and government bodies (including those who administer
benefits, such as the Department for Work and Pensions or the local authority);
courts; police and law enforcement
agencies; taxation authorities; local authorities in relation to Council Tax
and regulatory functions; letting and managing agents; and any future owner of
the property. We may need to share information with your next of kin etc., e.g.
in an emergency. It may be necessary for
us to share information with a future owner of the property if we are selling. We
also may share information with professional advisers such as lawyers and accountants or an
advice agency which involves sharing information about you with them. If you
live in a flat we give information to the freeholder, managing agent etc., for the
block of flats. We also send
notifications to and have correspondence with any tenancy deposit scheme
protecting any tenancy deposit which has been paid. In some cases we may be
under a legal obligation to provide information either because of the law or
because of a contractual obligating binding on us. What we actually share will
depend on what is necessary in the circumstances and more details are given in
the Table in respect of different kinds of information which we hold about
you.
Joint tenants and guarantors and joint ownership
Where you have a tenancy
jointly with someone else or there is a guarantor for your tenancy, as
necessary, we will share information either with the joint tenant or the
guarantor (or both). This relates to
your performance of your responsibilities under the tenancy agreement including
information about any rent arrears or other breach of the tenancy terms. It can also relate to issues around the
termination of the tenancy and any claims we may have as a result.
When you own a property
jointly with someone else, as necessary, we will share information and
correspond with the joint owner/s.
Immigration/right to rent checks
By law, in England, we are
required to check your immigration status before we rent a property to
you. This means that you are legally
obliged to produce certain documentation (e.g. a passport or driving licence)
to us. This applies whether or not you
are a UK or EU citizen. Not only are we
required to see original documentation but we must take and keep copies of
it. We also check this documentation as
part of our process to verify your identity at the outset of the tenancy. Prospective tenants and all adult residents who
will live at the property have to be checked.
Search engines, websites etc
As necessary, we obtain
information about you which is publically available via search engines such as
Google or Facebook and websites. This
will include information about you which you yourself made public. Further details are set out in the
Table. However, when doing so we make
sure that we comply with applicable guidelines under data protection
legislation.
Special categories of data/sensitive personal data
In limited situations we
will process information about your health or any disability. This data is given special protection under
data protection law. Normally we would
expect to ask you for your explicit consent before we collect or use this kind
of data.
Children
In cases where you rent a
property where a child resides information will be given to us about resident
children; usually by an adult such as a parent on their behalf. Data protection law requires us to give such
information additional protection where we collect or use it. In particular we will need to check on the
age of any residents to see whether or not an immigration/right to rent check
must be carried out, where the rented property is located in England.
Obligation to process data
Private renting is highly regulated so we are under various
legal obligations. These include an
obligation to carry out gas safety checks under gas safety legislation. We may need to handle data for this purpose,
e.g. to give the contracted gas safety engineer access to the property. If the property is located within the area
served by Welsh Water then we are legally obliged to pass over details of your
occupancy of the property to enable them to collect water charges. In other areas, in line with Information
Commissioner advice, we will pass over details of your
occupancy to the relevant Water Company to enable them to collect water charges
as it is in their legitimate interests to receive this information.
Legally we must also hold
and process information relating to any tenancy deposit which you pay to us
including sharing your information with a deposit scheme by which any deposit
is protected.
Under any statutory
licensing schemes applicable to the property we may be required to give
information to the local housing authority relating to occupation of the
property. Similarly, there are various
regulatory requirements which may mean that we need to give information about
you to public or local authorities or other regulatory authorities.
For landlords, in addition
to the above, we have a statutory obligation to liaise with HMRC regarding
landlord’s tax affairs when requested by the relevant authority.
Utilities
Again, in line with advice
from the Information Commissioner we consider that it is in the legitimate
interests of utility companies to receive information about occupants of the
property to enable them to bill you for utilities (unless these are included
within your rent). Similalry, information about the
property owners will also be shared with utility companies.
Council Tax
Likewise, we notify local
authorities of tenant’s occupation relevant to the collection of Council Tax
and who the legal owner is. In any event
they are entitled to serve notice upon us requiring this information if they
choose to do so.
Why we collect data and the legal basis for processing your
personal data
We have to tell you why we
collect and hold information about you.
We must also have a legal
basis before we are allowed to collect or process your personal data. Processing personal data includes recording,
storing, altering, using, sharing or deleting data. We only need one of these “gateways” and for
our purposes they are
·
You consent. Consent
may be requested in certain cases, e.g. to obtain a reference but generally we
do not rely on your consent to process your personal data..
·
To perform our contract so that we can carry out our responsibilities
under the tenancy agreement with you, including anything you request us to do
with a view to you becoming a tenant (or resident). For landlords, this
includes performing our contract under the terms of business agreed.
·
Compliance by us with a statutory or other legal obligation.
·
Where this is in your vital interests, e.g. if there is a
life threatening situation.
·
Where we are pursuing our own legitimate interests or those of
a third party. This will not apply if
our interests are overridden by your interests or your fundamental rights and
freedoms. We have to carry out a
balancing exercise therefore to decide whether we can rely on this gateway to
ensure that it applies. In each case we have done this and we do not
consider your interests, rights or freedoms outweigh our own or those of the third
party concerned.
This notice identifies the
relevant gateway applicable in each case. In some cases we will rely on more than one
gateway depending on the particular purpose for which we are using your data.
Additionally any data must
be processed by us fairly and openly.
Why we process your data
The various purposes for which it may be necessary for
us to process various categories of your information include:-
·
In our legitimate interests for deciding on the suitability
of a proposed tenant/resident
·
In our legitimate interests for verifying the credit worthiness/suitability
of tenants/residents
·
Our legal obligation to check immigration status/right to
rent. This is also to verify identities.;
·
To perform our tenancy contract to deal with joint tenants
and residents who are linked to the tenancy
·
To perform our contract to complete the tenancy agreement
·
In our legitimate interests to secure rental
payments/performance of tenant obligations, e.g. deposits and guarantors
·
For contractual performance for rent collection and
collection of other payments including banking details
·
For contractual performance for managing the tenancy and the property
·
For contractual performance and/or in our legitimate
interests for record keeping
·
For contractual performance for arranging repairs and
maintaining the condition of the property and keeping it in a safe condition.
·
For contractual performance for monitoring and enforcement of
tenant responsibilities
·
For contractual performance or in our legitimate interests
for recovering debts and other payments due, including any possession
proceedings
·
In our legitimate interests for administering liability for
Council Tax
·
Our legal obligation (in the Welsh Water area) or otherwise
in our legitimate interests and those of the Water company for the payment of
water charges
·
In our legitimate interests and those of the provider
relating to arranging and paying for utilities and services
·
In our legitimate interests for dealing with welfare benefits
(including Universal Credit and housing benefit) where payable in respect of
the rent
·
In our legitimate interests in relation to tenancy
termination including the return of any deposit
·
In our legitimate interests for processing complaints
·
For contractual performance or in our legitimate interests
for dealing with health and disability issues relating to tenants/residents
·
In our legitimate interests for obtaining and holding audio
and cctv recordings
·
To perform our legal obligations to provide information to
public or local authorities who are legally entitled to require this
information.
·
In your vital interests for contacting next of kin etc., in
an emergency
·
In our legitimate interests for the storage of emails,
records of calls and other communications
·
In accordance with our legal obligations if you exercise your
rights under data protection law
·
To perform our legal obligations for compliance with legal
and regulatory requirements
·
In our legitimate interests for the establishment and defence
of legal rights
·
In our legitimate interests for prevention, detection and
investigation of crime and anti social behaviour and the security of any
website or other means of electronic communication
We may change the purposes where this is compatible
for the purpose for which we obtained the data originally. If we need to use your data for a non
compatible purpose we will notify you and explain the legal gateway that allows
us to do so. We may process your
information without your knowledge where this is required or permitted by
law.
More information about what we do with data and why,
along with the relevant legal gateway is given in the Table. This also tells you who we
share data with and receive it from.
Retaining Communications
We will monitor, record and
retain your calls, emails, text messages, social media messages and other
communications. This is in our
legitimate interests to maintain an accurate record of these. This may be necessary to manage your tenancy or
the property or to deal with your application for a tenancy or to deal with
tenants/residents or prospective tenants/residents/guarantors. We need these records for our ongoing
dealings with you, including our data protection obligations.
Length of storage of data
Data can only be stored on a
time limited basis and not indefinitely.
We will hold personal data about you for the duration of your tenancy/contract
and for seven years after your tenancy/contract has ended. This
is the statutory limitation period six years plus a further year to allow for
service of proceedings should proceedings be commenced later on. We are also required to retain information
for up to six years for tax purposes. If your tenancy application does not go ahead
then we retain data for one year.
Storage and security of data
We have put in place
appropriate security measures to prevent your personal data from being
accidentally lost, used or accessed in an unauthorised way, altered or
disclosed. In addition, we limit access
to your personal data to those employees, agents, contractors and other third
parties who have a business need to know.
They will only process your personal data on our instructions and they
are subject to a duty of confidentiality.
All our information is stored
securely electronically on servers or devices.
Certain information is also retained on a secure basis in hard copy
format.
Telephone calls
To protect our legitimate interests telephone conversations may be recorded
electronically for monitoring and to ensure that we have a record of what is
said. You or others may leave messages when calling.
CCTV
When we install CCTV this is
for security purposes in cases where we consider that it is in our legitimate
interests to carry out such monitoring which must be done in accordance with
legal requirements. We may also use CCTV to detect breaches of the
tenancy terms, e.g. in the common parts or outside the building. Recordings
will be kept for these purposes.
Information legally required under your tenancy agreement
Your tenancy agreement
provides that in certain situations you must give us information when
asked. This is a legal obligation
because it is a contractual requirement.
You should refer to the relevant clauses in your tenancy agreement which
tell you the situations in which such information must be given.
Holding data outside the European Union
Our email account and web
provider (if any) is the provider specified in the Table. Our email account is web based. Providers store related data internationally
and not necessarily within the European Union.
The recipient of this data is the provider concerned. You need to refer to the provider
concerned to determine whether or not they have the required clearance (adequacy
decision) from the EU authorities or whether or not, instead, there is an
agreement containing appropriate and suitable safeguards and to obtain a copy
of this agreement.
Your rights
Where we hold personal data about you you are the data
subject. Data protection legislation
gives you a number of rights. To
exercise any of these rights you should contact us. You can do so by email at the address given
above or you can telephone us on the number given above. You can also write to us at our address given
at the top of this notice. Normally no
fee is payable.
In particular you have a right to object to the
processing of your information where we are processing this in our own
legitimate interests or those of someone else.
This applies if you feel that this impacts on your own interests or your
fundamental rights or freedoms.
These rights are as follows
·
Access – you have the right to make a request to be told what
personal data we hold about you. This is a right to obtain confirmation that
data has been processed and to have access to your personal data and the right
to information details which should be provided with the privacy notice.
·
Correction/Rectification – if you consider any data we hold
about you is inaccurate you can tell us so that where appropriate this can be
corrected. Where a mistake is made in
data processing then you can ask to have it rectified. Any third parties who have received the data
from us should then be told of the rectification and you should be informed by
us of any such third parties.
·
Erasure – you have a right to ask us in certain circumstances
to erase any data we hold about you (the so called right to be forgotten). Individuals
can request the right to have personal data erased to prevent processing in
specific circumstances, i.e. it is no longer necessary, consent has been
withdrawn, there is an objection and where applicable your rights etc.,
override the legitimate interests to continue our processing, or data has been
unlawfully processed.
·
You can object to our processing of data – this allows you to
object to our processing of data about you.
We must then stop processing data unless we can establish legitimate
reason for continuing. In particular this applies where we are
relying on our own legitimate interests or those of a third party to process
data but it can also apply in other situations.
·
Restricting processing – you can ask us to suspend processing
of your personal data and we must then restrict processing of data. This includes where you are contesting the
accuracy of a statement or the lawfulness of the processing.
·
Data portability – this allows individuals to reuse their
personal data for their own purposes across different services allowing them to
move, copy or transfer personal data more easily.
Withdrawal of consent
Where your consent provides us with the legal gateway
to process data about you you can withdraw this at any time by telling us by
email or post using the telephone/addresses given above.
Complaints
We operate our own internal complaints policy and if
you have any concerns about the way in which we collect or handle data please
contact us.
Additionally, you have the right to lodge a complaint
with the Supervisory Authority who is –
Information
Commissioner
Information
Commissioner's Office
www.ico.org.uk
TABLE
About this Table
As necessary, we collect,
use and otherwise process different categories of information (data) about you
relying on the various legal gateways available to us. This relates to your application for a
tenancy/residency and, if this goes ahead, so that we can manage the tenancy and
the property along with associated matters.
This part of this notice gives you a general description of these
processing activities for the different categories of information and the
purposes for which we process your information.
If you consider that we have not given sufficient details of what we do
then you can make an access request for more information.
Background
Renting out residential
accommodation and managing tenancies and rental properties is a multi
faceted. As landlords and tenants are at
the centre of this service, we have to process your data for a large number of
different purposes. Data protection law
requires us to give you information about these processing activities as
concisely as possible. To do so we have
split information about you into different categories, which
is in line with requirements in the legislation. We also have to tell you the extent for which
your information can be used and shared.
Due to the nature of our business information falling into one category
will be combined with information in other categories to be handled by us as
permitted for the stated purposes under the relevant legal gateway which we
have to identify. For example,
information about your identity/contact details will be combined with other
categories of information to correctly identify you, e.g. when we compile our
accounts or pass information about a repair over to a contractor so that they
can deal with the problem at the property you rent. However, we only do this to the extent that
it is necessary
in the circumstances.
Expressions used
To make this Table as
concise as possible we employ a number of expressions –
Handle information – collecting, compiling, using or storing information
(data).
Use information – when we use information this means we consult it, compile
it, refer to it
to make a decision, or act on it, or
combine it with other data. When using
it in this way we may have to alter it.
Share data – this includes transferring data to someone else where this
is necessary, or receive it from a third party.
Collect data – this is where we receive information either from you, e.g.
when you sign a tenancy application form or from a third party, e.g. a
reference about you.
Compile data – this is where we use information about you which we have collected
to generate information about you, e.g. our rent payment records or repair
records.
Next of kin etc. – this includes close
relatives.
Altering Data
We are required by data
protection legislation to keep your information up to date and it is of course
in our own legitimate interests to do so for us to ensure that we have accurate
records. For example we keep our record
of your rent payments up to date as they are received.
Storing Data
We keep information both
electronically and in a manual filing system to maintain our records. We do this because we need to use it from
time to time. Normally the legal gateway permitting us to do so which will
apply will be the same as applies when we use the data. Additionally, however,
there are legal obligations to retain data under data protection law, taxation
legislation and housing law. We also need to do so to fulfil our contract with
you. In our own legitimate interests we also need to retain information to deal
with enquiries or disputes and for audit purposes. Destruction of Data
We delete/destroy data once
it is no longer needed. Hard copy files are shredded on site. This is a requirement
of data protection law. This notice tells you the period for which we normally
store data.
What this Table tells you
Information is handled as
necessary from time to time. As already
stated, information falling under one category can be
amalgamated with or added to information in another category in order to carry
out the stated purposes.
Part 1 of this Table tells
you, depending on the relevant category of
your information, what our processing activities are and what is the
legal gateway permitting processing as well as the purpose for which we carry
out these processing activities.
Where the legal gateway in
question is our own legitimate interests (or those of a third party) we
identify the relevant legitimate interests.
Details about sharing data
are set out in Part 2, whether we transfer it to someone else or receive from a
third party.
Part 1 – Collecting, compiling, using and storing your
information
In this Part we list out the
different categories of your information, briefly explain them where needed,
explain what we do with the information and why, as well as specifying the
relevant legal gateway we rely on to do so.
We use the word “handle” to
cover collecting, compiling, using or storing this information.
Identity and contact details
1.
This includes name, contact details, date of birth and
national insurance number
2.
We handle this information in order to enter into the tenancy
agreement and subsequently to manage the tenancy and the property. This is done to perform the contract.
Personal and background information
1.
This includes details of present residence and landlord (if
any), current occupation and status, employed, student etc., employer or
educational institution, state benefits received, details of other residents,
any bankruptcy or county court judgments, next of kin etc., pets and any
photographs of yourself.
2.
This information is handled to evaluate your suitability as a
tenant. This is done for our own legitimate
interests. These are to ensure that any
let is to reliable tenants and residents with suitable guarantors where
applicable.
3.
We also handle this information which relates to next of kin
etc., to make contact with them in the event of an emergency. This is to protect your vital interests.
4.
This information will also be handled in the event that we
need to trace you to make contact with you in connection with the tenancy or
the property or to pursue a claim against you, e.g. for rent arrears. This is in our own legitimate interests. These are to enforce your obligations, deal
with property left behind at the property or to recover property.
Bank details
1.
This includes details of your bank, building society or other
paying organisation, including those operating digitally/online.
2.
We handle this information in order to receive payments from
you or to make payments to you. This is
done to perform our contract.
3.
We also handle this information if we seek to make recovery
from you of unpaid debt. This is in our
own legitimate interests. These are to
recover what is due to us.
4.
We also handle this information as part of our verification
of your suitability as a tenant/landlord, including to protect against money
laundering. This is in our own legitimate
interests to ensure that we let to suitable tenants/residents and do not
receive proceeds of crime.
Tenancy details
1.
This includes renewals of the tenancy. Information within this category includes the
address of the property, start date for the tenancy, period of occupancy, rent
and other payments.
2.
We handle this information to prepare and complete the
tenancy agreement and then to manage the tenancy and the property. This is done to perform our contract.
3.
Tenancies are renewed by agreement. This will involve a request from you. We handle information about the renewal of
tenancies. This is done for contractual
performance.
4.
Where you are a joint tenant or there are residents living
with you details of any other joint tenant or resident are linked with the
tenancy/property.
5.
We handle this information to prepare and complete the
tenancy agreement and thereafter to manage the tenancy and the property. This is done so that we can form a contract.
6.
Where
there is a guarantee, e.g. from a parent, we collect information about the
identity and contact details of the guarantor, background information about the
guarantor and details of property owned.
This is then linked to your tenancy and the property.
7.
We
handle this information to protect our own legitimate interests. This is to provide security for the payment
of the rent and to ensure compliance with tenancy obligations.
Deposits (if any)
1.
This includes the amount of a deposit, who
pays it and in what shares and the steps taken to protect the deposit.
2.
We handle this information to deal with the deposit received
and to administer the deposit. This includes
handling information about persons who contribute towards the deposit who are not a
tenant. This is done both for
contractual performance and to ensure compliance with legal obligations relating to handling
deposits under the Deposit Protection Legislation. This is to secure payment of the rent and
compliance with tenancy obligations.
3.
We also handle deposits at tenancy termination and this is
dealt with under that section.
Immigration/right to rent checks
(England only)/verifying tenant’s identity
1.
Under
immigration legislation we check that each tenant and adult resident in the
property has the right to rent. This
includes retaining copies of passports, driving licences and other specified
documentation. We have to retain this
for inspection if required by the Home Office.
2.
We
handle this information in accordance with the requirements of immigration
legislation in order to carry out our legal obligations.
3.
We
also handle this information in order to verify the identity of tenants and
residents along with guarantors in order to protect our legitimate
interests. These are to ensure that we
are dealing with the correct person. This
is done in Wales as well as in England for this purpose.
Rent and payment collection
1.
This
includes records we compile to record receipt of rent and other payments and
associated documentation relating to such payments. This also includes any documentation where we
need to issue reminders for payment, including levying charges for interest or
fees for late payment. For landlords this includes the production of rental
statements.
2.
We
keep this information in order to compile correct and up to date records. This is done for contract performance.
Recovery of arrears, claims and
possession proceedings
1.
In
the event of non payment of rent or other payments due, or if there is non
performance of the contract (including allegations against ourselves) then we record
this and enter into relevant communications.
This includes information and documentation related to any proceedings
which may be commenced or brought against us in relation to these matters,
including proceedings to recover possession of the property.
2.
We
handle this information in order to pursue recovery of what is owing to us and
to enforce our rights, to defend claims, and to recover possession of the
property. This is done in our own
legitimate interests. These are to
protect our property interests, to enforce our rights and to ensure payment due
to us is made, as well as to defend any claims brought against us.
Repairs/housing standards/health and
safety
1.
This
includes condition surveys, inspection reports, reports of repairs required and
information about actions taken. This
extends to conditions and standards generally at the property including health
and safety, e.g. gas safety.
2.
We handle this
information to ensure that the property and its contents are properly
maintained. This is done both for the
purposes of contractual performance and, where applicable, to comply with our
legal obligations.
Breach of tenancy
agreement/nuisance etc.
1.
This
includes complaints which we receive or information which we hold relating to
alleged breaches by a tenant or resident (which could include a child)
including nuisance and anti social behaviour.
This includes records and related communications. This includes complaints about these matters
made by neighbours or other tenants or residents.
2.
We
handle this information so as to ensure that tenancy obligations are complied
with and that tenants and residents live harmoniously with neighbours. This
is to protect our own legitimate interests and the legitimate interests of affected
third parties. These legitimate
interests are ensuring
the tenancy obligations are complied with as well as the prevention and
detection of crime and anti social behaviour.
3.
We
also handle this information under a legal obligation where there is a
selective licensing area in force or where the property is a licensed house in
multiple occupation (HMO) or under the licensing scheme operating in Wales.
Council Tax liability
1.
Notification
is given to the local authority in relation to tenant/resident liability for
Council Tax and legal ownership. This
can include information about the period of occupancy and also former and
subsequent addresses.
2.
We
handle this information in order to ensure that the liability for Council Tax
is dealt with correctly. This is done to
protect our own legitimate interests and those of the local authority. These are for the correct billing and
collection of Council Tax and to ensure that we do not have to meet Council Tax
liability ourselves where this is not appropriate.
3.
In
the event of the local authority serving a statutory notice we then we must supply
this information to comply with our legal obligations.
4.
Where
appropriate the tenant may be entitled to a reduction in Council Tax (formerly
called Council Tax benefit). Information
is handled relevant to claims made by tenants.
This is in the interests of the local authority administering the scheme
to see that benefits are properly calculated and paid.
Water charge payments
1.
This
relates to notification to a water company of the tenants/residents who are
living at the property their periods of occupancy and it can include previous
and subsequent addresses. It also
relates to communications between ourselves and the
water company concerned.
2.
In
the area covered by Welsh Water this information is handled pursuant to a legal
obligation.
3.
Outside
the Welsh Water area we handle this information to establish liability for
water charges in our own legitimate interests and those of the water company
concerned. This is to ensure that legal
liability for payment of water charges is correctly established and discharged.
Utilities and other service providers
1.
We
arrange and establish liability for payment of gas and electricity consumed at
the property and any services which are provided, e.g. Broadband or cable tv. These services may be provided as a
requirement under the tenancy agreement.
It includes communications about legal
owners, changes of tenants, interruptions and disconnection of supply and work
to be carried out in connection with utilities and services such as the
installation of smart meters/replacement meters.
2.
We
handle this information in order to arrange provision of utilities and services
and ensure that the correct liability for relevant charges is established and
that these are paid for. This is done in
our own legitimate interests and those of the utility company/provider
concerned. These are to ensure utilities
and services are provided and that liabilities are paid.
3.
We
also handle this information in order to deal with breakdowns, interruptions
and disconnections and to ensure that the appropriate quality of service is
provided. This is done in our own
legitimate interests. These are to
ensure that requisite utilities and services are available and are provided at
the property.
Universal Credit/Housing Benefit/Local
Housing Allowances
1.
Where
eligible a tenant will be entitled to the appropriate welfare benefits to
assist them to pay rent. Information may
be required by the Department for Work and Pensions (DWP) or local authority to
verify entitlement. Normally, payment of
benefit is made direct to the tenant; however, if the tenant is vulnerable or
there are arrears, payment of benefit can be made direct to us. This extends to Council Tax reductions (the
old Council Tax benefit).
2.
We
handle tenancy details and rent payment records, including information about
arrears of rent, and the tenant’s personal circumstances, relevant to the
processing of claims and the administration of benefits. This is done for contractual
performance. It is also carried out in
our own legitimate interests to secure payment of rent due to us.
3.
We
handle information relevant to applications for benefit and in particular
applications for direct payment to ourselves including reasons for non payment
of rent. This is for contractual
performance.
4.
On
occasion where direct payment has been made to us there may be claims by the
benefit authority for recovery of overpayments.
We handle information relevant to such claims. This is done for our own legitimate
interests. These are to ensure that we
can collect and retain rent due to us.
Tenancy termination
1.
A
tenancy may run out and the tenant leaves.
Tenants can leave early while the tenancy is still running on. We may serve notice requiring the tenant to
vacate and, if need be, enforce this by court possession proceedings.
2.
Tenancy
terminations of whatever kind also involve the return of any deposit paid,
possible claims against guarantors, claims on rent insurance or property
insurance, arrangements for tenants/residents to vacate the property,
tenants/residents property being left behind.
They also give rise to issues around the state and condition in which
the property has been left, e.g. cleanliness.
3.
We
handle information relevant to these matters concerning tenancy
termination. This is done in our own
legitimate interests. These are to
ensure that the property is returned to us in a proper state with vacant
possession and that all appropriate financial claims by either party against
the other are correctly dealt with.
These include our obligations in relation to the refund of deposits, so
as to comply with our contractual obligations between us and the tenancy
deposit scheme with whom the deposit is protected.
Complaints
1.
We
operate a complaints procedure which may be informal. Although we will do all we can unfortunately
sometimes things go wrong so complaints may arise.
2.
Information
handled concerns complaints which you may make or which may be made on your
behalf. These will give rise to communications
and records being compiled by us.
3.
We
handle complaints with a view to resolving these, although this might involve
external intervention, e.g. by our redress scheme the PRS, or by the
courts.
4.
We
handle complaints for contract performance.
This is also done in our own legitimate interests. These are to protect ourselves against claims
and to ensure that the complaints are properly resolved.
Health/disability
1.
Importantly,
this is sensitive personal information to which additional protections
apply. We may be given information about
your health (whether mental or physical) or disabilities.
2.
Health
information may be given to us to explain your absence from the property or as
a reason why rent has not been paid. You
may wish us to have information about your health so that we are aware of how
you may need assistance on occasion. This could also be information about health
or disabilities affecting someone else which impacts on you.
3.
We
may be given information about your disabilities so that we can make particular
arrangements for you, including any adaptations which may be required to make under
disability discrimination legislation.
4.
We
handle information about your health or disability, and the health of others depending
upon the circumstances to assist us in the management of the tenancy and the
property. This may be to protect your
vital interests. It may alternatively be
for contractual performance where it affects your ability to perform your
contractual obligations under the tenancy agreement. It will be in our own legitimate interests if
we are told of any medical condition which affects you. This is so we are aware of possible impacts
on you.
5.
As
regards information concerning any disability we handle this information to
assist in the management of the tenancy and the property. This may also be under a legal obligation
where we are obliged by law to make provision to deal with your
disability.
6.
In
addition, as this is special category data, additional legal requirements are
imposed upon us about your health and/or disability and we may request your
consent to handle this information.
CCTV and Audio
1.
If
we operate cctv you will be given information about
this. We may operate cctv
to cover common parts or the exterior of the premises.
2.
We
may also hold audio recordings, e.g. messages from you on telephone answering
machine or mobile phone.
3.
Where
cctv is operated this is for the safety and security of the premises in
question and for the prevention and detection of crime and anti social
behaviour, as well as monitoring tenancy obligations. This is done in our own legitimate
interests. These include the protection
of our property and ensuring compliance with tenancy obligations as well as the
safety and security of tenants, residents and neighbours.
4.
We
handle audio recordings to assist with accurate record keeping. This is done for contract performance or in
our own legitimate interests. These are
to ensure that we have reliable records of communications.
Correspondence etc
1.
Correspondence
includes all ways in which we receive communications from whatever source. This includes emails, text messages, social
messaging and messages, letters and documentation. This can include photographs and other visual
recordings.
2.
We
handle these communications initially in connection with entering into the
tenancy agreement and then for the management of the tenancy and the property,
as well as associated matters arising under the various categories of information
referred to in this Table. This is done
for contractual performance where applicable, to carry out any applicable legal
obligations imposed on us, to protect your vital interests, or in our
legitimate interests. These legitimate
interests are to ensure that we have the necessary information relating to
these matters and for accurate record keeping.
Websites and online platforms
1.
Information
about you is available in the public domain, often put there by you. This can be accessed by appropriate searches
which allow for access to the websites which hold this information.
2.
Information
about you is also made available when you access online platforms, e.g. to
enquire about properties which are available for renting.
3.
We
handle this information to assess your suitability for tenancies/residency and
for the management of the tenancy and the property. This is in our own legitimate interests to
ensure that tenants/residents are suitable and that the tenancy and the property
are effectively managed. This can
include ensuring that tenancy obligations are performed. These legitimate interests are to ensure that
our management interests are protected and our rights are enforced.
4.
We handle information
received via our online platforms for contract performance, including arranging
lettings and entering into tenancy agreements.
Insurance
1.
We
insure the buildings and may insure contents belonging to us. We may also insure against public liability,
including liability to yourself for injuries and
rental insurance, in the event of rent arrears or other tenancy default.
2.
We
will be required to obtain, handle and process information on behalf of
landlords relating to property and tenancy insurance.
3.
We
handle information about you which may be relevant to our insurances to arrange
cover, to administer insurance contracts, to renew insurances and to make
claims. Contractually we are under
certain duties, e.g. to disclose information to the insurers. We handle this information to protect our legitimate interests. These are to ensure that appropriate risks
are adequately insured against and to recover any sums due to us under the
policy as a result of claims.
4.
It
is your responsibility to insure your own contents/belongings. You may seek information from us relevant to
arranging such insurance or making claims.
We handle this information and will do so with your consent which is
provided as part of your request for any assistance or information.
Flat management
1.
This
applies in particular when the property is a flat. This flat will be held by us under a lease or
subject to other contractual arrangements which will set out various
responsibilities for the upkeep, insurance etc., of the block including common
areas. The lease or other arrangements place
contractual obligations on us which in turn may be passed on to you under the
terms of the tenancy.
2.
We
handle information about you in order to carry out our responsibilities under
these leases/arrangements. This is done
in our own legitimate interests and in the interests of the freeholder etc., of
the block so as to ensure that respective obligations are properly performed.
Car registration
1.
We
hold records of car registrations for vehicles which you keep at or in the
vicinity of the property.
2.
We
handle this information to manage the property for contract performance.
3.
We
also handle this information in our own legitimate interests and those of
others such as neighbours in order to monitor and regulate parking. This is to protect our own property interests
and rights and those of others such as neighbours who may be affected by
parking issues.
Pets
1.
Where applicable, we obtain
information about pets occupying the property and obtain additional pet
contracts to be signed by all parties with certain information about the
pets.
2.
We
handle this information to manage the property for contract performance.
Part
2 – Sharing Information
Introduction
We share your information with
various persons, organisations and public authorities as necessary. This involves us either transferring your
information to others or collecting it from them, depending upon the
circumstances. This Part of the Table
gives you details about this. It can be a two way traffic between ourselves and others. In some instances, we may collect information
about you from someone else following a request by us to them to provide this
information.
Where we collect information from
others (third parties) we have to tell you the source of this information,
whether or not it is publically accessible, the nature of the source (i.e.
whether it is publically or privately held) and the types of organisation from
whom the information is obtained. Where
possible we need to name the source as well but often this cannot be done. The required details appear in this Part of
the Table.
Where
information is received from a private person/body or a public authority, this
information will not normally be publically accessible. In some instances, however, it will be. Information which will be publically
accessible will be information such as Council Tax bandings and information
available in public registers, e.g. registers of births and other available
public registers.
We share identity and contact
details with all persons, organisations/authorities referred to below. This category of information is linked with
the other information in every category for the purposes and under the legal
gateway specified under each of the other categories of information. This is to ensure that you are correctly
identified and, if need be, can be contacted.
A
– Sharing of certain categories of your information
We share
certain categories of your information (both transferring it to them and
collecting it from them as necessary) with private persons/organisations and
public authorities as necessary.
In Section B we go onto explain
that, as necessary, certain private persons/organisations and public
authorities can share any of your information (irrespective of its category).
Table 1 below identifies the different
categories of your information and specifies the private
persons/organisations/public authorities with whom these different categories
of your information are shared as necessary.
This Table should be read in conjunction with Table 2 (private
persons/organisations) and Table 3 (public authorities). Tables 2 and 3 explain
why we share your information with these
persons/organisations/public authorities and the legal gateway which allows
this to happen.
Depending on the category of data
concerned you should also refer to that category under Part 1 above because the
purposes set out for which we handle data and the legal gateway for doing so
also usually apply when we share data with others.
Table 1 – Data categories and who they are
shared with
Data category With whom we share the data
Personal/background
information
Other
landlords/employers; debt collectors/tracing agents; next of kin etc.;
insurers; banks etc.
Bank
details
Our
bank, credit reference agency; debt collects/tracing agents
Tenancy
details
Other
landlords/employers, benefit authority, taxation authority, HMRC
Deposits
(if any)
Tenancy
deposit body; debt collectors/tracing agents; taxation authority
Immigration/right
to rent checks (England only) and verification of tenant’s identity
Home
Office; credit reference agency (for verification of identity)
Rent
and other payments
Bank,
benefits authority, taxation authority, joint tenants/residents guarantor,
insurers, other landlords, HMRC
Recovery
of arrears, claims and possession
Debt
collectors/tracing agents, other landlords, taxation authority, joint
tenants/residents, guarantors; insurers
Repairs/housing
conditions/health and safety
Contractors,
tradespeople, etc., deposit protection body, joint tenants/residents,
freeholder flat management etc., guarantors, local authority, insurers.
Breach
of tenancy agreement/nuisance etc.
Contractors,
tradespeople etc., deposit protection body, joint tenants/residents,
guarantors, educational institution, neighbours, other residents etc.,
freeholder, flat management agents etc., local authority, insurers
Council
Tax liability
Taxation
authority (local authority)
Water
charges
Welsh
Water/Dee Valley Water Company (where property is located within the Welsh
Water area) and other water companies
Utilities
and services
Utility
suppliers and service providers, e.g. Broadband
Universal
Credit, housing benefit etc.
Benefit
authority (Department for Work and Pensions or local authority), regulatory
authority, joint tenants/residents/guarantors
Termination
of tenancy
Other
landlords, educational institutions, debt collectors/tracing agent, taxation
authority, deposit protection body, bank joint tenant/resident/guarantors,
freeholder managing agents etc. insurers, local authority, tenant advisory
services
CCTV/audio/
recording table
Deposit
body, joint tenants/residents, guarantor, next of kin etc.
Correspondence
etc.
Depending
upon the applicable category of information relevant correspondence etc. is
shared with any of the persons/organisations/authorities listed in Section
A.
Online
platforms
Joint
tenants/residents; guarantors, landlord clients
Insurance
Insurers,
banks etc.
Flat
management
Freeholders,
flat managing agents etc.
Table 2 – Private persons/organisations
Categories of persons /organisations
Purpose and legal gateway Other landlords/employers
To
obtain references. This is to ensure
suitability for a tenancy in our own legitimate interests. We also provide information to prospective
landlords in their legitimate interest to assist them in evaluating
suitability for a tenancy/residency.
These interests are to ensure that properties are let to reliable
tenants/residents. Where the property
is subject to selective licensing there is a legal obligation for new
landlords to obtain references before they let.
Contractors/tradespeople/service
suppliers
Assisting in carrying out our
responsibilities under the tenancy agreement and for the management of the
tenancy and the property for contractual performance. In certain cases this is also to comply
with our legal obligations in relation to housing conditions and health and
safety, e.g. gas, electrical and fire alarm maintenance and inspection. We will also provide your contact details
to contractors etc., to facilitate access to the property for contract
performance. On occasion we will
arrange for inspections in our legitimate interests. This is so that we can deal with complaints
and pursue/defend claims.
Utility companies and service
providers, e.g. Broadband
Arranging for utilities/services
and establishing liability for payment along with administering their supply
in our own legitimate interests and those of the provider. This is to ensure utilities/services are
provided and that liability is correctly established. Utility companies also have certain
statutory obligations to perform, e.g. metering. In the case of utilities or other service
providers if we agree to provide any relevant utility or services as part of
the tenancy agreement then these arrangements are made for contractual
performance. Otherwise, they are in
the legitimate interests of the utilities/service providers to ensure that
they can effectively carry out their various activities.
Credit reference agencies
We request and consider credit and
other referencing in connection with deciding on the suitability of tenants
and residents for a tenancy. This is
in our own legitimate interest to ensure that we let to reliable tenants/residents. This may include lettingref.com for credit
check purposes.
Debt collects/tracing agents
To trace you or make a claim in
our legitimate interests. These are to
enforce our legal rights.
Joint tenants/residents, joint
owners
Management
of the tenancy and the property for contractual performance. Additionally, in our own legitimate
interests and those of joint tenants/residents/joint owners where there are
arrears of rent or other payments due or breaches of the terms of the tenancy
agreement/terms of business as they are either jointly liable for performance
or non performance could adversely impact on the
continuation of the contract. The
legitimate interests are to protect our own property interests and to enforce
our rights.
Guarantors
Management of the tenancy and the
property for contractual performance.
We also inform guarantors of claims and liabilities for contractual
performance of the guarantee. It is in
our own legitimate interests and those of the guarantor to give and receive
information relating to non performance of tenancy obligations including non
payment of rent and other payments.
Our interests are to protect our property interests and to enforce our
rights and the guarantor’s interests are so that the guarantor is aware of
possible liability under the guarantee.
Next of kin etc.
To make contact with them in the
event of an emergency
to protect your vital interests.
Insurers
To arrange public and other
liability insurance and rent insurance and to make claims. This is in our legitimate interests and the
insurers legitimate interests. These are making sure that appropriate
insurance is arranged and the policies are correctly administered. Under the terms of policies we are required
contractually to provide information to insurers.
Banks and lenders
Where we, or our landlord clients,
have loans information regarding tenancies has to be provided to arrange and
administer loans. This is in our own
legitimate interests to finance our business.
Contractually they are entitled to your information. In the case of banks information about you
can be shared for the purposes of administering rental and other payments for
contractual performance. Your
information can also be shared for the purposes of preventing and detecting
money laundering and fraud. This is in
our own legitimate interests and those of the bank in order to detect crime.
Contractually we may be required to provide information regarding insurance
cover to banks etc. providing us with loans.
This is in our legitimate interests to ensure compliance with the loan
conditions and in the interests of the bank etc. to see that appropriate
insurance cover is in place.
Neighbours, other tenants and
residents
The management of the tenancy and the
property. This includes information
relating to complaints including alleged breaches of the tenancy agreement
and anti social behaviour, as well as the abandonment of the property. It can include car registration
information. This is in our own legitimate interests to protect our property
rights and to enforce compliance with the terms of the tenancy. It is also in the legitimate interests of
neighbours for their enjoyment of their own properties and to protect their
property, interests and rights.
Flat freeholders, managing agents
etc., where the property is a flat.
The management of the tenancy and
the property. Under leases/other
contractual arrangements they are entitled to certain information, e.g. who
occupies the flat and the terms of such occupation. Further, consents/permissions may be
required relating to the tenancy for the carrying out of alterations or works
or your information
may be relevant to repairs.
This is done in our own legitimate interests. These are to ensure we comply with our own
contractual obligations. Additionally
there may be complaints involving breach of the terms of these leases/other
contractual provisions connected with nuisance, non compliance with
leases/other arrangements or anti social behaviour. Consequent upon these
information may be shared in our own legitimate interests or those of the
freeholder managing agent etc., concerned.
This is to ensure compliance with our own contractual legal
obligations and/or for the management of the block.
Web sites, portals etc.
Undertaking searches and obtaining
publically available information relevant to your suitability for a
tenancy/residency and in connection with the management of the tenancy and
the property. This is undertaken in
accordance with applicable data protection law and guidance and subject to
data protection principles. In
connection with your application for a tenancy we may receive information via
any online portal involved for contractual performance.
Table
3 – Public Authorities
Home Office
Immigration/right to rent checks
for the performance of our legal obligations
Benefit authority
The administration of benefits
such as Universal Credit (by the Department for Work and Pensions) and the
housing benefit/local housing allowance by the local authority. This includes applications to them for
direct payment of benefit to ourselves. It extends to claims by them for
overpayment where we receive direct payments.
This is for contractual performance and/or in our legitimate interests
to ensure that we collect rent and that amounts properly due to us are
received.
Deposit body
Under housing legislation we are required to
protect any deposit which you pay in connection with the tenancy. We may pay this into a custodial scheme
which holds the money or alternatively hold it ourselves in which case it is
insured. We have to register the
deposit with the deposit body concerned.
This is to comply with our legal obligations. During the course of the tenancy it may be
necessary to give details of any changes to the deposit body to comply with
our legal obligations. On the
termination of the tenancy for contractual performance we have to arrange for
the return of the deposit in whole or in part depending on whether there are
any claims on it or not by us. In the
event of disputes these can be submitted to adjudication in which case it is
necessary for information to be provided to the deposit body concerned (and
its adjudicator) in our legitimate interests to pursue or defend claims. This is also contractually required under
the rules of the scheme.
Educational institutions
Information relating to non
payment of rent, breach of tenancy terms, nuisance or anti social behaviour
may be shared with educational institutions where you are studying. Educational institutions can operate complaints
schemes in conjunction with landlords of student properties. This can include information about tenancy
terminations. This is in our own
legitimate interests to protect our property interests and our rights and in
the interests of the educational institution concerned to oversee the conduct
of their students.
Taxation authorities
These are HM Revenue and Customs
and (in the case of Council Tax and Council Tax reduction schemes) local
authorities, as well as any other public authority having power to levy taxes
or charges. We are required by law to
make appropriate returns to comply with legislation imposing taxes etc. In the case of Council Tax this is required
where statutory notice to that effect is served on us. Otherwise, we share information with the
local authority relating to Council Tax in our own legitimate interests to
ensure that Council Tax is correctly administered and in the legitimate
interests of the local authority to collect information for the same reason.
B – Private persons/organisations/public
authorities with whom any information is shared
As
necessary, we share all of your information (irrespective of its category) with
certain private bodies/organisations/public authorities. This includes transferring your information
to them and receiving it from them.
These are
Category of person/organisation/public
authority Purposes and legal gateway
Professional
advisers and third party contractors
Assistance
and advice regarding the management of the tenancy and the property for contractual
performance. Where we handle your
information under some other gateway and a professional adviser assists or
advises this will for the same purpose and under the same legal gateway. If it is in the legitimate interests of ourselves or someone else then those interests will be the
same. These are to ensure that we act
appropriately and properly as well as according to the law.
Police/law
enforcement agencies*
Prevention/detection
of crime and anti social behaviour in our and their legitimate interests. This is to protect our property and enforce
our rights and to enforce the law.
Regulatory
authorities*
To
carry out their functions in their legitimate interests. These are to enforce legal
requirements. On occasion, we may be
under a legal obligation to provide your information, particularly if a
notice to that effect is served on us.
This can include an ombudsman or accreditation or similar scheme of
which we are a member. It also
includes water companies, utility providers who are exercising their
functions as
statutory undertakers.
Courts*
The
administration of Justice in our legitimate interests. These are to pursue
and defend claims.
Prospective
purchaser of the property
In the event of a proposed
sale/sale of the property either subject to the tenancy or with vacant
possession any prospective purchaser/purchaser will require information about
the tenancy and the property. This is
in our own legitimate interests and their legitimate interests. This is part of the conveyancing and sales
process for both parties. The
legitimate interests are to ensure that correct information is provided and
received.
* These
are public authorities
Names of
persons/organisations/public authorities with whom information is shared
Where
we are able, we have to provide you with the identity of the
persons/organisations/authorities which are referred to in Tables 1, 2 and 3
above.
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF