Do I have a right to know who lives in my house?

by Readers Question

14:20 PM, 24th March 2021
About 3 weeks ago

Do I have a right to know who lives in my house?

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Do I have a right to know who lives in my house?

I recently rented out my property and instructed a letting agent to fully manage it. As we are a family of tradesmen, I like to do any of the maintenance/gas safety checks/electrical certificates myself using my family.

Today the letting agent contacted me to say that the gas check was due. I said that I would be doing it myself, the only problem being that I didn’t have any contact details for the tenant and therefore asked if I could be supplied with these.

I was informed that due to GDPR they were not allowed to give me any tenants details or contact details and that I would need to let them know who I was using for the gas check, and they would make the arrangements.

Whilst I am happy for them to make the arrangements, I cannot believe that I am not allowed to know who is in my property. I was also not given a copy of the contract as again I was informed that due to GDPR I was not allowed to see the information.

Can anyone throw any light on this please.

Arthur

Comments

NewYorkie

18:01 PM, 25th March 2021
About 3 weeks ago

Reply to the comment left by Mike at 25/03/2021 - 16:41
GDPR certification is voluntary and unless you are 'processing' personal data e.g. automatically using a computer, you are exempt from paying the GDPR fee. Keeping records of tenants and accounting are classed as exempt. I've not been involved in GDPR for my small BTL business, but the business I previously worked for was a 'Controller' and we used a 'Processor' for holding personal identifiable data in the cloud. We were liable under the GDPR but weren't 'registered with the ICO though.

Mike

1:22 AM, 26th March 2021
About 3 weeks ago

I don't know if my tenant is dead or alive, I don't know if my neighbour is dead or alive, both were taken by an ambulance to a hospital suffering from symptoms of Covid, so to find out more about their well being, I was told sorry we cannot discuss anything with you because of patient confidentiality and also because of data Protection......at times I feel like screaming the EFF word loudest I can towards ICO.

Chris @ Possession Friend

1:32 AM, 26th March 2021
About 3 weeks ago

Reply to the comment left by Mike at 26/03/2021 - 01:22
This is one of very many occasions when next of kin details are useful.

Graham Bowcock

8:19 AM, 26th March 2021
About 3 weeks ago

Reply to the comment left by NewYorkie at 25/03/2021 - 18:01
I am genuinely interested to know why keeping tenants' records is exempty from GDPR. Whenever I've looked at this in the past I've always concluded that landlords do fall within GDPR rules. Many don't like it as they say they are not running a business, but technically they are.

John Mac

8:54 AM, 26th March 2021
About 3 weeks ago

Reply to the comment left by Graham Bowcock at 26/03/2021 - 08:19
Its all down to the "Electronic" processing, if you are not using a PC to process data then you do not need to pay a fee but still have to follow GDPR guidelines.

I'd be very surprised if any LL fell outside the scope of paying !

Kate Mellor

9:03 AM, 26th March 2021
About 3 weeks ago

Arthur, just use the following questionnaire to determine whether you need to register and pay your fee to the ICO
https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/
It takes just a couple of minutes and is pretty simple.

Mike

10:35 AM, 26th March 2021
About 3 weeks ago

And I was right regarding if you do not use any electronic devices to process, store or pass any details of your tenants using computers, then you are exempt.

here is the thingy from the ICO

You are under no requirement to pay a fee
Organisations that do not process personal information on a computer are exempt. You therefore do not have to pay a fee to the ICO

However, it is important that your organisation adheres to the principles of the General Data Protection Regulations and understands best practice for managing information. To help ensure you are complying with the GDPR, we have produced a range of training materials including practical toolkits, training videos and more.

Even if you are exempt, you may still wish to pay a data protection fee.

So I am going to ask for a refund!

John Mac

10:50 AM, 26th March 2021
About 3 weeks ago

Reply to the comment left by Mike at 26/03/2021 - 10:35
So you don't store your Tenants phone no. on your mobile?

Dylan Morris

10:59 AM, 26th March 2021
About 3 weeks ago

Reply to the comment left by John Mac at 26/03/2021 - 10:50
Or email them ?

John Mac

11:02 AM, 26th March 2021
About 3 weeks ago

Reply to the comment left by Dylan Morris at 26/03/2021 - 10:59
Being Pedantic Dylan its perfectly OK to email them, as long as you are not storing their email (contact) details in your address book 🙂

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