GDPR Documents for Commercial and Residential Landlords
Under the GDPR landlords must keep tenants and other parties (occupiers, guarantors, etc) informed about the landlord’s use of their personal data and about their legal rights in respect of that data.
In order to comply with their GDPR obligations, landlords should carry out a data audit and use their findings to prepare a privacy notice. The privacy notice should then be provided to all existing tenants, occupiers and guarantors before 25th May 2018 and to new applicants at the point their data is collected.
A privacy notice must cover the following key points:
- What personal data is collected from tenants and guarantors;
- What that data is used for;
- The legal basis (i.e. grounds) for using it;
- How long the landlord will hold data for successful and unsuccessful tenancy applicants;
- The third parties (such as utility companies) with whom the landlord will share the data.
The notice must also give information about tenants’ and guarantors’ rights, including the right of access to their data and the right to withdraw consent (if applicable).
The Property portfolio has been updated to include GDPR documents for both commercial and residential landlords, including Guidance Notes and Data Audit and Privacy Notice templates. We have also updated our Lease and Tenancy Application Forms and our Tenant Referencing documents to ensure that they are GDPR-Compliant.
The contents of this Newsletter are for reference purposes only and do not constitute
legal advice. Independent legal advice should be sought in relation to any specific