Larry Sweeney

Registered with Property118.com
Tuesday 24th May 2016


Latest Comments

Total Number of Property118 Comments: 314

Larry Sweeney

10:11 AM, 16th February 2019
About 8 hours ago

Three year Council Tax bill?

Reply to Ian Simpson. Releasing information to councils re forwarding addresses is not a GDPR breach as its exempt. Councils collecting taxes.
The problem generally is that councils are reluctant to impose liability retrospectively as they know its easier to bill the LL than the tenant
I would always advise landlords to update them on occupancy details.
If the author in this case can prove that the property was indeed occupied, utility bills etc plus if the council or NHS wrote to the tenants, then the landlord should begin a claim to recover the monies. As David points out liability is determined in accordance with the 1992 CT regs.... Read More

Larry Sweeney

15:03 PM, 14th February 2019
About 2 days ago

Sefton trial case - Landlords Alliance

Hi John.
Article 5 of GDPR sets out 7 principles.
Article 5(1)B. Purpose limitation. Organisations should not use personal data other than for the purpose the data was supplied.
This raises the first question. What possible reason could councils have for wanting details of properties licensed in other areas. If they wanted to ensure that a rogue landlord banned elsewhere did not obtain a licence all they need is the name of the LA where the landlord had other properties. So Sefton fail on this point.
Article 5(1) c . Data minimisation. They should only seek information that is adequate and relevant. Again what is the relevance of the landlords properties elsewhere.
Finally. Accuracy. Article 5(d)1 .The data must be accurate and where necessary kept up to date. Inaccurate information must be erased. So a landlord fills out Sefton' application and for fear of prosecution caves in and supplies details of his properties in Cornwall and London. 5 weeks later he sells in cornwall and london and buys in birmingham. Unless the landlord decides to involve Sefton in his entire business affairs and there is no legal obligation on him to do so, then Sefton have information which they cannot possibly keep up to date and which is not erased for reasons of inaccuracy. Sefton need the landlord to keep informing them of his business dealings outside of Sefton for them to remain GDPR compliant, otherwise the excessive data collated by them could be dated and inaccurate within weeks even days. Madness.... Read More

Larry Sweeney

12:48 PM, 14th February 2019
About 2 days ago

Sefton trial case - Landlords Alliance

Thanks again James ,you comments are constructive. Having said that I personally had a complaint upheld against LCC by the ICO some time back. The nature of the complaint was that LCC were seeking to much data which was not relevant. It concerned their application form also. There is therefore precedent and proof that Sefton council are in the mire. Over to the ICO.... Read More

Larry Sweeney

12:03 PM, 14th February 2019
About 2 days ago

Sefton trial case - Landlords Alliance

James Barnes does make a valid point. Sefton quoted those regulations to me..
Landlords should reply to councils stating that they desperately want one of these fantastic licences, however do not want any involvement in a council scheme to circumvent GDPR. Before we proceed could the council please outline how they intend to maintain the data current and up to date as landlords have no obligation to supply councils with their property transaction details around the country. The landlord should in fact complain that the authority is preventing him obtaining a licence with this excessive demand.... Read More

Larry Sweeney

11:44 AM, 14th February 2019
About 2 days ago

Sefton trial case - Landlords Alliance

GDPR legislation overides. Furthermore they are applying it to selective licensing not just HMO and even if they could require the info, it is impossible to maintain it current and up to date. There is no legislation mandating a landlord to inform his local council everytime he conducts a property transaction else where in the country. It is sheer stupidity.... Read More