GDPR when using an Agent

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    GDPR when using an Agent

    As the owner of a property and now a Landlord as I'm looking to rent it out, do I need to register with the ICO in terms of GDPR. Being an Individual and not an Organisation.

    I will be using the LA to find T's and managing the day to day stuff, rent collection etc.

    Obviously during the course of finding T's the LA will need to pass me various data on the T's in order for me to accept or decline a T. Therefore in order for the LA to pass this data to me , do I need to register as a Data Controller, and produce Privacy Policies etc?

    #2
    I haven't checked recently, but there used to be an automated questionnaire on the ICO site that concluded that landlords did not have to sign up as a Data Controller.
    While I believe this is wrong, they're the people who would carry out any enforcement.

    When you act as a landlord you are not an individual, you are a business(/trader).

    The agent will almost certainly not pass on much information from the tenant to you, citing GDPR, so you should make it part of your agreement with the agent that they will secure any prospective tenant's consent to pass on anything you want to see.

    Estate and letting agents know very little about data protection and it's not an issue for most landlords and most tenants.
    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).

    Comment


      #3
      The ICO automated questionnaire seems to be very basic and implies that I need to register

      I'm not a great fan of LA's at all and would like to be as safe as possible. Being registered as a Data Controller should allow the LA to pass data to me accordingly.

      After all, I'm the one who will accept the T or not based on what I see

      Comment


        #4
        You may be surprised by how little you see (although all agents are different).
        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).

        Comment


          #5
          I guess you're right there. Maybe I'm giving it too much thought and oversover thinking it.

          IdI should probably do as you suggested and get the LA to obtain consent from the T

          Comment


            #6
            The agent works for you so you are entitled to see any iinfo provided by T
            ICO Registration should cost you no more than £40 pa and is a good idea.

            Comment


              #7
              ICO Registration is cheap enough plus tax deductible too. Registering can't do any harm and will add weight when asking the LA for as much information as possible from the T. Plus of course I can also ask the T accordingly

              Comment


                #8
                Unless you're foolish enough to allow your Agent to keep all information about the tenant and receive nothing yourself, not even his number in your mobile phone, then you will have to produce and use a privacy notice and probably have to register with the ICO.

                Comment


                  #9
                  Thanks DPT. I've just registered with the ICO and going through the Privacy Notice now

                  Comment

                  Latest Activity

                  Collapse

                  Working...
                  X