Privacy Policy & General Information

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 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 third-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, or 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
• Website and online portal information.
• For landlords, accounting and letting and management records.

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 (or if you are a landlord, your tenant) 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, Open rent, 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 (or if you are a landlord, to another letting agent for agency services); 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; 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/the landlord are selling our business/property. 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. 

As we are letting/managing a property we will share any personal data about you with our landlord client (and with his/her professional advisors). 

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 are a landlord and 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 – tenants and residents

If a property is being let 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 publicly 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 (or you are a landlord we hold or protect a deposit on your behalf) 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, or if your usual place of abode is outside the UK. 

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 for utilities.  Similarly, information about 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 for landlord client for whom we undertaken letting or management services

· In our legitimate interests for verifying the credit worthiness/suitability of tenants/residents for landlord

· 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 or in the case of landlords to perform our terms of business

· To perform our contract to complete the tenancy agreement or terms of business with landlord clients

· 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 and for accounting to our landlord clients

· 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 and landlord responsibilities (where applicable)

· 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

In relation to tenants, residents and guarantors our legitimate interests (where appropriate) also include the landlord’s legitimate interests as well. These will be the same as ours.

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 or for engaging to act on behalf of our landlord clients. 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 or if you if you do not engage our services where you are a potential landlord client 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 - tenants

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. You can find out complaints procedure on the complaints procedure page to the bottom of our website.

Additionally, you have the right to lodge a complaint relating to a data protection complaint with the Supervisory Authority who is –

Information Commissioner

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

www.ico.org.uk

TABLE

INTRODUCTION

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. If you are a tenant/resident or guarantor and this relates to the application for a tenancy/residency and, if this goes ahead, so that we can manage the tenancy and the property along with associated matters. If you are a landlord this relates to your use of our services. 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 can be given independently or it 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 or own. 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. 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 each 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.  Where we act as agent these interests will also include those of our landlord clients. These will be the same interests. 

Details about sharing data are set out in Part 2 of each Table, whether we transfer it to someone else or receive from a third party. 

TABLE A

TENANTS RESIDENTS AND GUARANTORS

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. This is in our own legitimate interests and those of the landlord. These are to enforce your obligations, deal with property left behind at the property or to recover property. 

5. For landlords (including prospective landlords) this includes dealing with applications to use our services, property portfolio details, insurance details, health and safety information, licences (including applications) certification, lender restrictions and other information about your properties and your ownership/control of them. This is for contract performance. Insofar as it is to assess your suitability for us to act for you then this is within our own legitimate interests to make sure that we provide services to reputable and responsible landlords. 

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 market properties to let and source tenants and 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. 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. 

5. 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. 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 or those of our landlord clients, to enforce our or their rights and to ensure payment due is made, as well as to defend any claims brought against us or our landlord client. 

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 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. 

2. This includes complaints about these matters made by neighbours or other tenants or residents and from the landlord.

3. 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 the legitimate interests of affected third parties which can include tenants etc., where information relates to the landlord. These legitimate interests are ensuring the tenancy obligations are complied with as well as the prevention and detection of crime and anti-social behaviour. 

4. 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 the landlord’s legitimate interests and those of the local authority. These are to ensure the correct billing and collection of Council Tax and to ensure that the landlord does not have to meet Council Tax liability 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 the landlord’s 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 the landlord’s 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 or our landlord client. 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 the landlord’s legitimate interests to secure payment of rent due to us or alternatively due to our landlord client. 

3. We handle information relevant to applications for benefit and in particular applications for direct payment to ourselves or our landlord client including reasons for non-payment of rent. This is for contractual performance.

4. On occasion where direct payment has been made to us or the landlord 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 or those of our landlord client. These are to ensure that we can collect and retain rent due to us or our landlord client. 

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, tenant’s/resident’s 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 or those of our landlord client. These are to ensure that the property is returned to the landlord client in a proper state with vacant possession and that all appropriate financial claims by any party against the another are correctly dealt with. These include our obligations in relation to the refund of deposits, so as to comply with contractual obligations with 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. This includes complaints a tenant etc., may make about our landlord client. 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 or those of our landlord client. These are to protect ourselves/our landlord client 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.  Landlord clients may also give us information about their health or disabilities. This may, for instance, be relevant to collection of rent or the need to regain possession of the property. 

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 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 the landlord’s legitimate interests. These include the protection of 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 make or 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 advertising properties to let, arranging lettings and entering into tenancy agreements. 

Insurance

1. The buildings will be insured and the contents may be insured. We may also insure against professional liability or public liability. These insurances could include liability to yourself for injuries and rental insurance in the event of rent arrears or other tenancy default. We will be required to obtain, handle and process information on behalf of landlords relating to property and tenancy insurance.

2. We handle information about you which may be relevant to insurances to arrange cover, to administer insurance contracts, to renew insurances and to make claims. Contractually there may be certain duties, e.g. to disclose information to the insurers. We handle this information to protect their legitimate interests or those of the landlord. 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. 

3. 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 under a lease or subject to other contractual obligations on our landlord client which may be in turn to carry out our responsibilities for the upkeep, insurance etc., of the block including common areas. The lease or other arrangements place contractual obligations 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 responsibilities in connection with these leases/arrangements. This is done in our own legitimate interests and/or in the interests of our landlord client of the block so as to ensure that respective obligations are properly performed. 

Management and letting records

This is information which we handle about letting and managing the properties owned/controlled by our landlord clients. This is handled for contract performance. 

Car registration – tenants etc

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 property interests and rights and those of others such as neighbours who may be affected by parking issues. 

Pets – tenants etc

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 publicly accessible, the nature of the source (i.e. whether it is publicly 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 publicly accessible. In some instances, however, it will be. Information which will be publicly 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 may be used independently or 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. In certain instances,   some of this information may be shared with tenants/residents

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.

As necessary, all of the above categories of data in this Table can be shared with your landlord where we act on behalf of your landlord. Under our fiduciary duties as an agent at common law a landlord is entitled to full information from his/her agent relating to the tenancy or the property. 

As necessary, information about you as a landlord can be shared with tenants, residents and guarantors in respect of any rental property owned/controlled by you relating to the tenancy for the property in question. This is subject to any duty of confidentiality which we owe to our landlord clients. 

Table 2 – Private persons/organisations

Categories of persons /organisations

Purpose   and legal gateway

Other landlords/employers

To obtain   references about tenants, residents and guarantors. 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 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.  We may provide this information to our   landlord clients where relevant to the carrying out of their   obligations. This is for contractual   performance. 

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   or those of our landlord client 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 for credit check   purposes.  We may also make similar   enquiries about our landlord clients. Again,   this is in our own legitimate interests to ensure that we act for respectable   and responsible landlords. 

Debt collects/tracing agents

To trace you or make a claim in our legitimate interests or   those of our landlord clients. These   are to enforce our/their legal rights. 

Joint tenants/residents, joint owners

Management   of the tenancy and the property for contractual performance. Additionally, in our own legitimate   interests (or those of our landlord client) 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/their own property interests and to enforce our/their 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 (or   those of our landlord clients) 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/their   interests are to protect our/their property interests and to enforce our/their   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/administer public and other liability insurance and   rent insurance and to make claims. This is in our legitimate interests (or those of our landlord clients)   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 policyholders 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/their 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 (or those of our landlord client) and those of   the bank in order to detect crime. Contractually we (or our landlord client)   may be required to provide information regarding insurance cover to banks   etc. providing us with loans. This is   in our/their 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 (or those   of our landlord client) to protect our/their 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 or those of our landlord client. These are to ensure we/they comply with our   own/their 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 this information may be   shared in our own legitimate interests (or those of our landlord client) or   those of the freeholder managing agent etc., concerned. This is to ensure compliance with our own/their   contractual legal obligations and/or for the management of the block.

Web sites, portals etc.

Undertaking searches and obtaining publicly available   information relevant to your suitability for a tenancy/residency and in   connection with the management of the tenancy and the property or (in the   case of landlord clients) for ensuring their suitability as clients. 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 or   our landlord client. It extends to   claims by them for overpayment where we/they receive direct payments. This is   for contractual performance and/or in our/their legitimate interests to   ensure that we/they collect rent and that amounts properly due to us/them are   received.

Deposit body

Under housing legislation   landlords 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   or pass to our landlord client in which case it is insured. We or the landlord have to register the   deposit with the deposit body concerned. This is to comply with our/their 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/or those of our landlord client. On the termination of the tenancy for   contractual performance we/they 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 or our landlord client. 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 (or our landlord client’s) legitimate interests to   pursue or defend claims. This is also   contractually required under the rules of the scheme. 

Educational institutions

In the case of tenants etc., 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 or   our landlord client’s own legitimate interests to protect our/their property   interests and our/their 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 or our landlord clients 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 (or our landlord clients’)   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 including our landlord clients) then   those interests will be the same. These are to ensure that we or they 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 own (or our landlord clients) and   their legitimate interests. This is to   protect our/their property and enforce our/their 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 (or our   landlord client) may be under a legal obligation to provide information,   particularly if a notice to that effect is served on us (or our landlord   client). 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 (or our   landlord client’s) 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. 

The   Landlord

All personal information may be shared with our landlord client. Contractually we are obliged to do   this. This is in our own legitimate   interests and those of our landlord client. These are to ensure that the landlord as owner of the property   receives information relating to the management of the property and the   tenancy and to ensure that we discharge our responsibilities and those of our   landlord client.

New Letting/Managing Agent

In the event of our instructions being transferred by our   landlord client to another letting or managing agent your personal   information will be transferred over to/shared with any new agent. Subject to appropriate safeguards, certain   of this information may be given as part of the preparations for any transfer   to prospective agents. This is in the   legitimate interests of our client to ensure that appropriate information is   provided to prospective agents and in the new agent’s legitimate interests if   a transfer takes place to ensure that the tenancy and the property continue   to be effectively managed and let.

* These are public authorities. Additionally, where you are a tenant, resident or guarantor all information about you may be shared by us with our landlord client. We are under a fiduciary duty of common law to provide information to our landlord clients relevant to the tenancy or the property. 

If you are a landlord client, depending upon the circumstances (and subject to any duty of confidentiality) we may share, as necessary, personal information about you with tenants, residents and guarantors. This is personal information which may be relevant to the tenancy or the property. 

In either case as appropriate this will be for contractual performance or otherwise in our own legitimate interests so as to ensure the property effective management of the tenancy at the property.

TABLE B

LANDLORD CLIENT 

Part 1 Processing Activities

This part records the different categories of information, what we do with the information and why, as well as specifying the legal gateway which we rely on to do so. 

Identity and contact details

We handle this information in order to obtain estimates/quotations and to enter into contracts with you relating to the management/letting of your property/ies, as well as subsequently managing and administering the contract. This is done to perform the contract. 

Contract details

1. Information in this category includes the address of any property which is let or managed deposit, start date and payment details. 

2. We handle this information to prepare and complete the contract and then to manage and administer the contract. This is done to perform the contract. 

Letting details

Where we are instructed to effect lettings then we handle information about you to find prospective tenants, to verify their suitability, and to enter into any tenancy agreements with them. This includes contracts of guarantee with guarantors. This is done for contract performance. 

Tenancy deposits

We handle information to collect and administer deposits, including registrations with tenancy deposit bodies. This is done for contractual performance. In relation to the protection of deposits it is done pursuant to legal obligation under legislation relating to tenancy deposits.

Property details

We handle information relating to properties owned or controlled by you in order to manage these on your behalf where instructed. We also handle this information in connection with arranging lettings on your behalf. In each case this is done for contract performance. 

Bank details for Landlords

We handle this information in order to make payments where this is the agreed method of payment. This is done to perform our contract.

Accounts 

We handle this information to make payment under the terms of the contract and to record rents received and expenditure incurred. This is done to perform our contract.

Repairs/works/services/housing conditions/health and safety

We handle this information for contract performance to manage and administer the contract and to manage the property/ies. In relation to health and safety we also handle this information to perform our legal obligations under health and safety at work and allied legislation. 

Tenancy management

We handle any personal information contained in records relevant to letting and/or managing your properties on your behalf, including financial information, details of insurances and any mortgages. This is for contract performance. 

Claims and breaches of contract 

We handle this information so as to ensure that contractual obligations are complied with. This is to protect our own legitimate interests and those of any affected third party. These are to ensure that contractual obligations are complied with properly.

CCTV and audio recordings

We handle this information so as to obtain records of what occurs at our properties or for record keeping purposes. This is in our own legitimate interests to ensure correct information and records are available to us and for security and the prevention of crime. 

Flat management

We handle information in order to carry out any responsibilities required on your behalf under leases/contractual arrangements in respect of any flat which you own or control. This is for contract performance. 

Correspondence, email etc

We handle communications initially in connection with entering into the contract and preparatory work before the contract is agreed. We then handle communications for the management and administration of the contract and associated matters arising under the various categories of information referred to in this Part. This is done for contractual performance where applicable and to carry out any legal obligations imposed on us or in our own legitimate interests. These legitimate interests are to ensure that the necessary information and records relating to these matters. 

Websites and online platforms

1. Information is available in the public domain you. This can be accessed by appropriate searches which may have access to the website which hold this information.

2. Information is also made available on the online platforms.

3. We handle this information to assess suitability as a client and for the management of any contract. This is in our own legitimate interests to ensure that clients are suitable and that contracts are effectively managed. This includes ensuring contractual obligations are performed. These legitimate interests are to protect our financial interests and to see that our rights are enforced. 

4. We handle information received via our website/online platforms for contract performance 

including entering into contracts. 

PART 2

Who we share this information with

1 – Data categories and who they are shared with

Data category

With whom we share the data 

Identity   and Contact Details

We share   identity and contact details with all persons, organisations and authorities   referred to below including tenants, residents and guarantors. This can be done independently or linked   with other information in each category for the purposes under the legal   gateway specified. This is to ensure   correct identification and the ability to make contact. This is for contractual performance of our   legitimate interests (as the case may be). Where this is done in our legitimate interests then these are as specified   in Part 1

Bank   details

Our bank,   credit reference agency; debt collects/tracing agents, tenants, residents,   guarantors and the local authority where rent payments/benefits are payable   to you.

Contract   details and property details

Taxation   authority; insurers; banks etc., tenants, residents and guarantors of the   property.

Accounts

Bank,   taxation authority, insurers 

Repairs/works/services/housing   conditions/health and safety

Deposit   protection body, tenants/residents, freeholder flat management etc.,   guarantors

Claims and   breaches of contract

Deposit   protection body, tenants/residents, guarantors, neighbours, other residents   etc., freeholder, flat management agents etc., insurers

CCTV and   audio recording 

Deposit   body, tenants/residents, guarantor.

Correspondence   etc.

Depending   upon the applicable category of information relevant correspondence etc. is   shared with any of the persons/organisations/authorities listed. 

Flat   management

Freeholders,   flat managing agents etc.

Letting   details and tenancy deposits

Tenants,   residents and guarantors, deposit bodies.

2 – What is shared with private persons/organisations

Categories of persons /organisations

Purpose   and legal gateway

Utility companies and service providers, e.g. Broadband

Arranging for utilities/services and administering their supply   in our own legitimate interests and those of the provider. This is to ensure utilities/services are   provided. Utility companies also have   certain statutory obligations to perform, e.g. metering. 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 clients. This is in our own legitimate interest to   ensure that we engage clients who are responsible landlords. 

Debt collects/tracing agents

For tracing or making a claim in our legitimate interests. These are to enforce our legal rights. 

Tenants/residents

Management   of the tenancy and the property in our own legitimate interests and those of   tenants/residents. The legitimate interests to carry out our responsibilities   to them, including keeping them informed of the progress of works/provision   of services. 

Guarantors

Management of the tenancy and the property for contractual   performance. It is in our own   legitimate interests and those of the guarantor to give and receive   information relating to the carrying out of our responsibilities which may be   relevant for their liability as guarantors. 

Insurers

To arrange public and other indemnity and liability insurance   and rent insurance and to make claims. This is in our legitimate interests and the insurer’s 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 have loans information regarding our clients may be   shared with banks and lenders. This is   in our own legitimate interests in order to finance our business. Contractually they are entitled to   information. I 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

This includes information relating to work being carried out and   services provided at the property concerned. It extends to information relevant to carrying out our responsibilities. This is in our own legitimate interests to   protect and manage our business. 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.

Under leases/other contractual arrangements they are entitled to   certain information. Where we let and   manage a property in order to carry out our responsibilities on your behalf   personal information may be shared with them. This is done in our own legitimate interests. This is done to ensure that we comply with   our own responsibilities to you. Additionally,   there may be complaints involving breach of the terms of these leases/other   contractual arrangements connected with nuisance, non compliance with   leases/other arrangements. Consequent   upon this, information may be shared in our own legitimate interests or those   of the freeholder managing agent etc., concerned. This is to ensure effective management of   the property in question and to deal with the management of the block. 

Web sites, portals etc.

Undertaking searches and obtaining publicly available   information relevant to suitability as a client 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.

Section 3 – What is shared with public Authorities

Deposit body

Under housing legislation,   we are required to protect any deposit which is paid in connection with the   tenancy is required to be protected. We applicable we register the deposit with the deposit body   concerned. This is to comply with your   legal obligations. 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 the legitimate interests of the Tenancy Protection   Body/Adjudicator in order to deal with claims. This is also contractually required under   the rules of the scheme. 

Taxation authorities

These are HM Revenue and Customs, 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. 

Section 4 – Private persons/organisations/public authorities with whom any information can shared

All information can be shared as follows – 

Category   of person/organisation/public authority

Purposes   and legal gateway

Professional advisers

Assistance and advice regarding our contracts for contractual   performance. Where we handle   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 ensure that we properly carry out our responsibilities as agent. 

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 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 property. This is in the legitimate interests of any prospective purchaser (or   their professional advisers). 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. 

Prospective purchaser of our business

In   the event of a sale or prospective sale of our business information about our   clients may be provided to the prospective purchaser or their advisors. This is in our legitimate interests and   their legitimate interests. This is   part of the sales process of the parties. Legitimate interests are to ensure that the correct information is   provided and received.

New Letting/Managing Agent

In   the event of our instructions being transferred by our landlord client to   another letting or managing agent your personal information will be transferred   over to/shared with any new agent. Subject to appropriate safeguards, certain of this information may be   given as part of the preparations for any transfer to prospective agents. This is in the legitimate interests of our   client to ensure that appropriate information is provided to prospective   agents and in the new agent’s legitimate interests if a transfer takes place   to ensure that the tenancy and the property continue to be effectively   managed and let.

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 the Tables. 

Agents     bank: NatWest

Agents insurance     (professional and public liability):  Tokio Marine HCC policy number   PRACT22001313 

Client     Money Protection: arla propertymark membership number CO135150

Local authority for the districts covered: Lancaster City Council but may cover other areas locally.

Deposit protected     with: TDS Tenancy Deposit Scheme (custodial) membership number EW95541

Gas and electric     company (where the landlord organises the supply): Various companies who     supply gas and electricity.

Property Viewings

**1. Introduction:**

Property viewings are an integral part of our services at HNC Lettings & Property Management. We recognise the importance of ensuring the safety and privacy of both viewers and tenants during these interactions. We will complete a visual inspection of any property prior to a scheduled appointment .This inspection aims to identify potential hazards and outline control measures to mitigate risks associated with property viewings.

**2. Hazard Identification:**

- **Physical Hazards:**

  - Uneven flooring, loose carpets, or slippery surfaces.

  - Stairs without handrails or inadequate lighting.

  - Obstacles such as furniture, decorative items, or loose cables.

- **Security Risks:**

  - Unauthorised access to the property by non-employees or unaccompanied viewers.

  - Theft or damage to property during viewings.

- **Privacy Concerns:**

  - Unauthorised photography or videography of the property by viewers.

  - Invasion of tenant privacy by taking images without consent.

**3. Control Measures:**

- **Physical Hazards:**

  - Regular inspection of properties to identify and rectify hazards.

  - Providing adequate lighting and signage to highlight potential dangers.

  - Instructing viewers to proceed with caution and offering assistance if needed.

- **Security Risks:**

  - Ensuring all viewings are accompanied by an authorised HNC Lettings agent.

  - Implementing visitor registration procedures to track attendance.

  - Securing valuables and personal items during viewings.

- **Privacy Concerns:**

  - Clearly communicate privacy policies to both viewers and tenants.

  - Obtain express consent from tenants before allowing any photography or videography.

  - Ensure all viewers are aware of the restrictions regarding capturing images or videos.

**4. Emergency Procedures:**

- In the event of an accident or injury during a viewing, follow established first aid protocols and contact emergency services if necessary.

- In case of security breaches or unauthorised access, notify the appropriate authorities and take necessary steps to secure the property.

- Address any privacy violations promptly and take appropriate disciplinary action if required.