Agency request ICO registration for copy of tenancy?

by Readers Question

15:25 PM, 1st October 2020
About 4 weeks ago

Agency request ICO registration for copy of tenancy?

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Agency request ICO registration for copy of tenancy?

I have several properties although only one is managed by an agency. The existing tenant has requested to renew their tenancy for a further 12 months, no problem with that.

The agency has informed me that they have now signed, but when I requested a copy of the new tenancy agreement for my own records, they have stipulated that I need to provide them with an ICO Registration number due to data protection legislation.

As I have not heard of this before, wanted to see if any other landlords have experienced the same.

As far as I am aware registration will cost £40 – £60 so that’s not an issue as such, but just want to check this is a valid spend.

Many thanks

Ian


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Comments

Mike

16:30 PM, 1st October 2020
About 4 weeks ago

That is a load of rubbish, as a Landlord you have the right to know who your tenants are. Agency is talking absolute rubbish. What if you had to know this by law, if you were a selective license holder, it is up to the agents to declare that tenants details will be exchanged with landlord with or without their consent. As long as the bundle is in a paper format.

Chris Bradley

7:22 AM, 2nd October 2020
About 3 weeks ago

If you manage your own property you should be ico registered. It came in a few years back. Every time I have an inquiry from prospective tenants, I send out my privacy notice, this allows me to hold the tenants details and pass them for credit checks, give phone numbers to workmen so they can enter the property and store their data online and on paper. It's not just about getting an ico regulation, it's about getting a privacy Notice written up, and used and then handing the data as you indicate. The agent should be ico registered and thier privatacy rules should allow them to give details to the land lot, if their terms say t he landlord needs to be ico registered then yes they can refuse to give it to you, without asking the tenants for extra permission to do so. Would be an Unusual term to have though, maybe they want to force landlords to be compliant as you will be holding namd and address of tenants - - enough info to steal and identity

Whiteskifreak Surrey

8:24 AM, 2nd October 2020
About 3 weeks ago

Reply to the comment left by Chris Bradley at 02/10/2020 - 07:22
Same here Chris, We registered immediately when that legislation came to force. For the sake of £40 the risk of not being registered is too great IMHO.
We have our own Privacy Policy which tenant have to read and sign that they did so. It is also a reassurance that any data we hold is properly handled and protected. I would say to Ian, if you manage your properties register with ICO immediately. God knows what that LLs loving lot at No. 10 has now in their sleeve.... Better safe with "a loss" of £40 than sorry.

Professor W

10:14 AM, 2nd October 2020
About 3 weeks ago

good advice where do you get a good privacy policy without paying silly money ?

Alan Bond

10:16 AM, 2nd October 2020
About 3 weeks ago

There is an easy way to determine if you should register with the ico. Simply go to their website and follow their process. It asks a series of questions and at the end tells you whether you need to register or not. It really is very easy.

Seething Landlord

10:39 AM, 2nd October 2020
About 3 weeks ago

Reply to the comment left by Whiteskifreak Surrey at 02/10/2020 - 08:24
I think you'll find it's only £35 a year if you pay by direct debit 😀

Rennie

10:40 AM, 2nd October 2020
About 3 weeks ago

I believe you should be registered with the ICO but I also believe that the agency doesn't have th right to insist on seeing your registration in order to give you a copy of the tenancy agreement. You have legal rights and responsibilities because you are ultimately responsible for what goes on regarding that tenancy so they don't have the right to withhold it

Sunil Lad

11:00 AM, 2nd October 2020
About 3 weeks ago

For a sole trader like myself, If the tenancy agreement is between me and the tenant (meaning the data is only seen by the two parties), do I still need to Register for ICO.
I would have thought it the other way where if someone asks me for a copy of the tenancy agreement (city council or police or any government officials), then I would ask to see their ICO registration before sharing the data. Please can someone clarify.

Ian R

11:05 AM, 2nd October 2020
About 3 weeks ago

Reply to the comment left by Sunil Lad at 02/10/2020 - 11:00
Yes, as you are holding their personal data. Anyone can check the ICO register to see entries and what types of data is being kept and processed e.g. if you have a cctv camera on your rented property then you will also need to ensure that is covered under your ICO record.

Dylan Morris

11:43 AM, 2nd October 2020
About 3 weeks ago

Reply to the comment left by Professor W at 02/10/2020 - 10:14Join the NRLA they have excellent advice and info on their website. Everything you need to know. And a very comprehensive Privacy Notice that you can download and send to your tenants. It covers everything. Membership fee is £75 p.a. You will need to register with the ICO as well that’s £40 p.a. You can of course offset these fees as expenses when doing your tax return.

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