GDPR for Landlords 2019 - Your Questions Answered

By Jonathan Daines

GDPR for Landlords: Your Questions Answered

If you are letting a property in the UK, GDPR for landlords certainly affects you in a few key ways. But before we address these major changes, let’s take a quick look at how we got to this point.

A brief history of UK data protection

In essence, data protection regulation has been enforced in the UK as a way to ensure that businesses and business owners do not abuse or misuse the data of their customers. The purpose is to ensure it is not just used correctly but also stored safely. In the UK, the first Data Protection Act was introduced in 1984.

It has been subsequently revised over the years and in 1993, a famous case was brought forward which saw PC Brown being prosecuted for mishandling data. Though the ruling was eventually overturned, it was a landmark case and UK businesses seemed to start taking data protection more seriously.

What are the biggest changes?

GDPR, or General Data Protection Regulation, came into force on 25th May 2018.

It filtered through from EU law and is the basis for the data protection regulation that is now in force.

Here’s a brief overview of the 5 most important aspects of GDPR. These affect businesses and business owners of all types.

Individuals have had their rights extended

GDPR aims to give individuals back control over their data. To help accomplish this, there have been clear outlines of certain rights. This includes the right to be forgotten, the right to alter data and the right to transfer data. So, if someone is not happy with you holding their information any longer, they can update it, transfer it to a competitor or have it deleted. You must comply with such wishes.

Businesses must work harder to safely store data

In this digital age, threats surrounding consumer data are on the rise. You needn’t look further than the recent Facebook-Cambridge Analytica scandal to see how angry the world has been that companies have been mishandling their data.

You should have sufficient protocol in place to store any data safely.

If not then…

Penalties for failure to comply

The ICO (Information Commissioner’s Office) is the organization responsible for ensuring people comply with GDPR. They have had their powers expanded and can impose harsh fines and penalties on businesses and individuals who fail to comply.

This is as much as £17 million. The ICO has the ability to test your systems at any time as well.

Businesses must be careful about how they collect personal data

You should be transparent about what information you collect from someone and why. You should be open and honest and declare all of your intentions.

The best way to do this is through a landlord privacy policy.

Keep reading to find out how to get your own.

GDPR is here to stay

Finally, and most importantly, GDPR is here to stay!

Even though it has filtered down through EU law, it will be remaining firmly in place once Brexit finally comes about. So, if you are currently failing to comply, then it’s time to sort it out.

What about GDPR for landlords?

OK, so now you have an idea of what GDPR is and how it affects everyone, let’s delve into how you can easily comply with GDPR for landlords.

First off, you need to ensure that you are being very open with any tenants about why and how you collect their data.

Next, you want to ensure that said data is stored safely and is at minimal risk of being stolen.

Finally, you need to give tenants the ability to access, alter and delete that data whenever they wish.

So, what are the steps you need to take? Well, here are the two best places to start.

1. Landlords should register with the ICO

The ICO requires all landlords (and businesses) to register with them, and you may need to pay a fee.

The best way to ascertain if this applies to you is to head over to the official website.

They will take you through a few steps to help you out, and that should answer many of the questions you have.

2. Get yourself a landlord privacy policy that is GDPR compliant

A landlord privacy policy is an important document that you should give to all new tenants and make as clearly available as possible.

You can link to this on your site (if you have one) and also give one to every new tenant.  We have included this privacy policy in our tenancy agreements which is a service available in our letting packages.

A good landlord privacy policy informs the tenant on how and why you collect and store their data and aims to reassure them of its safety.

If you’re looking for a landlord privacy policy, click here to download one and we’ll email one over to you shortly.

About Jonathan Daines

As Founder and CEO since 2008, Jonathan’s passion for property, technology and entrepreneurship inspired the creation and innovation of LettingaProperty.com. With the support of a dedicated team of industry professionals, for the past 11 years he has built a digital marketplace offering low-cost services that empowers landlords and tenants to let and rent property with ease.

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GDPR for landlords: Your questions answered
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GDPR for landlords: Your questions answered
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If you are letting a property in the UK, GDPR for landlords certainly affects you in a few key ways. There are 2 steps you can take to be GDPR compliant.
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LettingaProperty.com
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97 Comments

    December 13, 2018 REPLY

    Hi there,
    I would like to contact my landlord as I feel the letting agents are not passing on information of things that need done in the rented property. The letting agency is witholding the landlords information under GDPR – can they do this?

      January 16, 2019 REPLY

      Hi Claire, your landlords address should be on the tenancy agreement – that is a legal requirement.

        March 20, 2019 REPLY

        When you say it is a legal requirement can you provide what law has been breached here?

        My landlord has only provided the details of the letting agent on our tenancy agreement, and has refused point blank to give any of his information other than his name.

        Can you advise?

          March 21, 2019 REPLY

          Hello Nicholas, this is covered under the Landlord and Tenant Act 1985 in Section 1.
          1 Disclosure of landlord’s identity.
          (1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
          (a)any person who demands, or the last person who received, rent payable under the tenancy, or
          (b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
          (2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
          (3)In this section and section 2—
          (a)“tenant” includes a statutory tenant; and
          (b)“landlord” means the immediate landlord.

    August 23, 2018 REPLY

    I have been asked by the council tax dept of my property’s local authority to provide names and forwarding addresses of past and current tenants in a student let. This is clearly disclosure of personal data held by me. What does the GDPR say about this?

    July 4, 2018 REPLY

    Hello please send me a privacy policy for my existing tenant. Thank you.

    July 4, 2018 REPLY

    Thanks for the article. Please can you send me a copy of the privacy policy.

    July 1, 2018 REPLY

    Please send me a copy of the privacy policy for tenants, thank you

    June 30, 2018 REPLY

    Thanks for the very useful article – please email a policy to me.

    June 30, 2018 REPLY

    Send me copy please.
    Thank you.

    June 30, 2018 REPLY

    Very useful – please send me a copy

    June 30, 2018 REPLY

    Please may I have a copy of the privacy policy as I will have an advert going in in the next couple of weeks and a new tenant. Does this privacy policy have to be given to existing tenants?

      July 4, 2018 REPLY

      Hi Patricia, I would recommend sending the policy to your existing tenants too.

    June 28, 2018 REPLY

    Send me a copy please

    June 27, 2018 REPLY

    Hi, thank you for this. We are letting out one property and slightly confused at the legal definition of “processing”.

    We use a letting agent who is fully registered so I’m not sure if we also need to pay the fee. Any useful guidance is appreciated. Thank you

    June 24, 2018 REPLY

    please may I have a copy of the privacy policy

    June 24, 2018 REPLY

    Please send me your privacy policy

    June 21, 2018 REPLY

    Please send me a copy of landlord privacy policy

    June 20, 2018 REPLY

    Thanks!
    Please would you send me a copy of the privacy policy?

    June 19, 2018 REPLY

    Could you please email me your privacy policy for landlords. thank you

    June 18, 2018 REPLY

    Please send me a copy of landlord’s privacy policy
    Many Thanks

    June 15, 2018 REPLY

    Please send me a copy of the landlord privacy policy

    June 15, 2018 REPLY

    Please could you send me a Landlords Privacy Policy

    June 14, 2018 REPLY

    Thanks for the article. Please can you send me the privacy policy.

    June 14, 2018 REPLY

    Thanks for the useful summary. Please can you send me your privacy document.
    My property is let and managed through an agent who is registered with the ICO. As the agent is the one who processes, obtains, records, stores, updates and shares the tenants confidential information…..is it necessary for me also to be registered with the ICO?

    June 14, 2018 REPLY

    Please send me a copy of your privacy policy. Many thanks.

    June 13, 2018 REPLY

    Absolutely brilliant article about hank you x could I have a copy of your privacy statement to just have a look and compare to the one I drafted and sent out to my tenant myself to see if It was along the right lines 🤷‍♀️ There Janeen many s conflicting view in who needs to do what and why 🙄

    June 13, 2018 REPLY

    Please send me this information

    June 12, 2018 REPLY

    Please send me a copy of the privacy policy

    June 12, 2018 REPLY

    Thanks for the offer: please send me a copy of you Privacy Policy.

    June 11, 2018 REPLY

    Please send me a copy of your privacy policy. Many thanks.

    June 11, 2018 REPLY

    I’d like a copy of the Privacy Policy, please. Also, do I have to register if I only manage my own properties and do NOT obtain data from credit ref. agencies?

      June 12, 2018 REPLY

      Hi Chris, as per my note to Ken below… As daft as it may sound, even having just one property that you are letting out, if you are ‘processing information’ the guidelines suggest that you need to register. Processing information can be either one of these activities; obtaining it; recording it; storing it; updating it; and/or sharing it. Here’s the link to take a self assessment: https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/

    June 11, 2018 REPLY

    Please email me a privacy policy and any update information as a landlord I need to be aware of.

    June 11, 2018 REPLY

    Yes please to the privacy policy. Very good article!

    June 11, 2018 REPLY

    pls email me a copy, thx

    June 10, 2018 REPLY

    Please send me a Privacy Policy. Many thanks for valuable information and support. Sukhchandan Kaur

    June 10, 2018 REPLY

    Good website. please provide a copy of Landlord privacy policy.

    June 10, 2018 REPLY

    Could I have a copy please? Thank you

    June 10, 2018 REPLY

    Please can you email me a LPP cheers

    June 10, 2018 REPLY

    Hi Jonathan,
    Thank you for your very helpful advice. Please email me a copy of the Privacy Policy.
    Many thanks.

    June 10, 2018 REPLY

    Yes please to the privacy policy. I am already signed up to emails. Thanks

    June 10, 2018 REPLY

    Another clear and concise message giving the efficient response I have come to expect from previous dealings with your organisation. Keep up the good work.i already get your e-mails but would appreciate a copy of the GDPR document. Paul C Moxham

    June 10, 2018 REPLY

    Yes, please send through the privacy policy

    June 10, 2018 REPLY

    This is the clearest article on GDPR that I have read so far. Many others make it seem very scary, but this write up gives me the confidence to get on and sort it out straight way. Very much appreciated.

    June 10, 2018 REPLY

    Hi Jonathan
    Thank you for enlightening me. I need to update my “tenant welcome pack” and include this policy.
    Regards

    June 10, 2018 REPLY

    Yes, please send me a copy of the landlord privacy policy. Thank you for a clear message on GDPR.

    June 10, 2018 REPLY

    Hi Jonathan, great article. Please kindly email over the privacy policy. Thanks.

    June 10, 2018 REPLY

    This really surprised me, although in retrospect it is logical. I am an “accidental landlord” with one property let. Do I still have to register with the ICO.Please send me the privacy policy paper

      June 12, 2018 REPLY

      Hi Ken, thanks for your question. As daft as it may sound, even having just one property that you are letting out, if you are ‘processing information’ the guidelines suggest that you need to register. Processing information can be either one of these activities; obtaining it; recording it; storing it; updating it; and/or sharing it. Here’s the link to take a self assessment: https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/

    June 9, 2018 REPLY

    I’d love to see a copy of the privacy policy, thanks

    June 9, 2018 REPLY

    Hi, can you send me your Privacy Policy please

    June 9, 2018 REPLY

    many thanks for a clear description of our responsibilities.
    can you please send a copy of your privacy policy.
    many thanks

    June 9, 2018 REPLY

    Hi, Could you please email me a copy of your Landlords Privacy policy etc. Many thanks, Nick.

    June 9, 2018 REPLY

    Thank you very much for both the clear explanation and keeping us up to date with all he current legislation!

    June 9, 2018 REPLY

    Please send me a copy of the Privacy Policy

    June 9, 2018 REPLY

    Best have one as well

    June 9, 2018 REPLY

    Please provide copy of privacy policy

    June 9, 2018 REPLY

    Please send me a copy of the privacy policy

    June 9, 2018 REPLY

    Thanks for this article. Please could I see a copy of the privacy policy.

    June 9, 2018 REPLY

    Thank you for your clear, concise and informative article – l bet l am one of many grateful landlords! Yes please, to receiving a copy of your privacy statement. Much appreciated!

    June 9, 2018 REPLY

    Please send policy please.

    June 9, 2018 REPLY

    Please may I have one? thanks

    June 9, 2018 REPLY

    Jonathan. Thanks again for a clear and informative article. Could I receive a copy of the policy please. Eamon

    June 9, 2018 REPLY

    Please e mail me a copy of the privacy policy, thank you, Glenis

    June 9, 2018 REPLY

    Thank you for the comments – please see your inbox for a copy of the landlord privacy policy that should be given to your tenants.

    June 9, 2018 REPLY

    Yes please to the privacy policy. I already receive your mails.

    June 9, 2018 REPLY

    Hi, please email me the Landlord privacy policy.

    June 9, 2018 REPLY

    Yes please.. Send me the policy

    June 9, 2018 REPLY

    Yes please, I am aware of the new regulations but would like to have a copy of your Landlord Privacy Policy as it would be specific to landlords and hopefully suitable for existing tenants on old AST’s

    June 9, 2018 REPLY

    Please give me the policy document
    Many thanks

    June 9, 2018 REPLY

    Thanks for the jargon free insight.

    June 9, 2018 REPLY

    Hi Jonathan
    Could you please email me a copy of the privacy document.
    Thanks for your help as always. Wendy

    June 9, 2018 REPLY

    Thanks for the info
    Please email me the policy
    Thank you!

    June 9, 2018 REPLY

    Thanks for explaining about GDPR would you please send me a copy of your privacy policy
    Martin

    June 9, 2018 REPLY

    May I please have a copy of the privacy policy? Grateful for this update.

    June 9, 2018 REPLY

    I would like the privacy policy please. Thanks for all your help.

    June 9, 2018 REPLY

    I would like to see the privacy policy please

    June 9, 2018 REPLY

    Yes please, I’d like to see your privacy policy.

    June 9, 2018 REPLY

    Would appreciate the Landlords Privacy Policy. Thanks.

    June 9, 2018 REPLY

    Please email me a privacy policy and any update information as a landlord I need to be aware of.

    June 9, 2018 REPLY

    Thank you for offering this privacy policy. Do any steps need to be taken for existing tenants?

    June 9, 2018 REPLY

    ** happy to receive mail… spell checker changes happy to have!

    June 9, 2018 REPLY

    Another hoop to jump through. Thanks for the helpful info

    June 9, 2018 REPLY

    Yes please to the privacy policy. Think I already receive your mails but have to do so in any case.

    June 9, 2018 REPLY

    Thanks for this very clear and succinct article!

      June 9, 2018 REPLY

      Thanks – check your email for the LPP.

        July 3, 2018 REPLY

        Hi Jonathan,

        Sorry to add to the list of requests, but would it be possible for you to send me a copy of the privacy policy for landlords please?

        Best wishes, Andrew.

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