GDPR and new tenant

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    GDPR and new tenant

    I've been out of the loop for a couple of years as my tenants have just stayed on via rolling contract basis.

    Recently one of the tenants gave notice. And a potential tenant who is interested in taking the room has asked (in relation to a next of kin/secondary address for registering his deposit) ..


    my Father wants to know if he needs to sign a GDPR permission for you to hold his details for next of kin/secondary address.


    I did a quick google search and found the link below. And replied:

    To my knowledge he doesn't need to (as these details will not be shared with anyone - the only time we need to put in an alternate address is when we register your deposit), but if can give his consent for his details to be held for the purposes of your tenancy and deposit registration, that would be appreciated. He can email me giving consent if that's ok.

    Am I covered, or do I need a formal GDPR statement either within the Tenancy Agreement or as a separate document?

    Any advice appreciated


    https://gdpr.eu/gdpr-consent-requirements/


    #2
    You're much better to do notthing, no change of paperwork, just because a tenant moves out doesn't end their liability for rent.

    Just verbally agree to a lodger
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      My question is in relation to signing on a new tenant and GDPR requirements if it applies. (not the outgoing tenant)

      Also, are most Landlords and Landladies required to self-register to the ICO ? (update, looks like almost all LL's that use a computer have to)

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        #4
        My advice still stands but feel free to ignore it.

        Has departing human given formal notice or just said they are going?
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          Originally posted by Diversity View Post

          my Father wants to know if he needs to sign a GDPR permission for you to hold his details for next of kin/secondary address.
          What you've answered seems fine.
          But never had or heard of that query before.
          Sounds a bit odd, like someone looking to start a fight. Does everything else stack up 100%?
          I'd start digging a bit more.

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            #6
            I thought the same, and then thought, it's just someone's dad being a dad...
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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              #7
              I don't bother putting an alternative address on the deposit documentation as I dont thinks its compulsory.

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                #8
                I have registered to with the ICO. £40 down the drain per year.

                What else do I have to do, I suppose put a privacy policy on my TA. Does anyone have some wording they can kindly share to insert? TIA

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                  #9
                  And the answer is, generally, yes. It could come under Core Business, and if it is the usual info required by the deposit schemes he should be asking them as they are the ones asking for and holding that info! Or something along those lines...

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                    #10
                    Join the NRLA. They have a template for s privacy statement

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                      #11
                      I send the privacy policy out in email for all new tenants, and get them to reply.saying they have recieved it. It is 29 pages of guff that I would bet 99% of tenants couldn't care less about.

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                        #12
                        If you are indeed holding personal data including Bank Details then as you have already surmised by registering with the ICO that it is a mandatory requirement to hold a certificate for Data Protection.

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                          #13
                          Originally posted by DPT57 View Post
                          Join the NRLA. They have a template for s privacy statement
                          I'm with the RLA, I'm assuming they have one. I pay every year and never use their services. This time I might

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                            #14
                            Originally posted by dazwalsh View Post
                            I send the privacy policy out in email for all new tenants, and get them to reply.saying they have recieved it. It is 29 pages of guff that I would bet 99% of tenants couldn't care less about.
                            As a separate document to the Tenancy Agreement? I would have thought it might be better to include in the TA, a simple one, not 29 pages

                            Update, I just found the RLA's free member download : 3028-privacy-notice-for-landlords.doc

                            It is 29 pages long as well. I notice it doesn't have a section for the Tenant to sign & date they have received it.

                            Comment


                              #15
                              Ye that's the one I use, I just email them it as to hell with printing 29 pages. The RLA also have a pre tenancy document checklist which is good for getting the tenant to sign to say they have received all of the required bits and Bob's.

                              I have used that as a template and added in a section for documents sent by email, which are currently the privacy policy, EPC, scanned gas cert and the how to rent booklet. They sign the document agreeing for documents to be emailed to them and respond to the email saying they have received them.



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