QUICK GUIDE TO GDPR COMPLIANCE FOR LANDLORDS AND AGENTS
As a residential landlord or agent under the General Data Protection Regulations (GDPR) there are a number of things which you must do to be fully compliant. Failure to comply could mean that you could in some cases be successfully sued or face a fine from the Information Commissioner (ICO). These are the things that you must do to comply -
- Register with the ICO and pay the required fee.
- Provide privacy notices:
- These need to be given to individuals who are tenants, residents, guarantors of the properties which you own or manage,
- If you are an agent to your landlord clients,
- Whether you are a landlord or agent to your contractors, suppliers etc.
- If you have employees to your employees/workers
- Keep a written record of your data processing activities.
- Where someone processes data on your behalf then you must have a data processor agreement with them - an example of this would be when you would provide a tradesperson with contact details for tenants so that they can arrange access to do work at a property.
The RLA has provided a toolkit for its landlord and agent members to help with full compliance, but compliance and content of documents is your responsibility.
Full information is contained on this website. What the RLA cannot provide is a privacy notice for employees. You should follow your usual HR advice on this.
For landlords we provide two different privacy notices for tenants, residents and guarantors -
- A short form with the detailed information being displayed in the standard format on the RLA website where tenants etc., can access it - this is designed for landlords who do not have a website or who wish to provide a short form of notice so that they can tell prospective tenants etc., at the outset what they will do with the information they collect before the tenancy agreement is signed (NB: make sure you complete the various boxes. There is a box for additional data processing/processing activities which you can complete, e.g. if you allow pets you may want to record the fact that you keep information about pets belonging to your tenants), or
- A full form of privacy notice for landlords who operate a website or who prefer to provide the notice to tenants as an email attachment or as a whole hard copy. The full form can also be adapted to tailor the notice to your own needs. NB: Make sure you complete the boxes as appropriate.
IMPORTANT - for landlords you should use one or other version; not both. Either use the short form that refers to the RLA website or the full form.
NB: As preparing a privacy notice is your legal responsibility you should remember that the RLA standard form may not be a correct description of your data processing activities. If this is the case you need to adapt the full form and use this.
For further information for Guides and Documents see -