It is nearly a year since the Data Protection Act 2018 came into force. In
light of this forthcoming anniversary, companies and businesses are
assessing and reviewing their GDPR requirements and practices to ensure
that they are complying with their obligations under this Act. The GDPR
requirements have been an administrative challenge and time consuming for
We have produced new GDPR compliance documents specifically tailored for
Residential Lettings Agencies to assist with the ongoing GDPR requirements.
Under the GDPR letting agents must keep tenants, guarantors and landlord
clients informed about the agents use of their personal data and about
their legal rights in respect of that data.
In order to comply with their GDPR obligations, letting agents 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, guarantors
and landlord clients. The privacy notice should also be provided to all
potential tenants, guarantors and landlord clients at the point their data
A privacy notice must cover the following key points:
What personal data is collected from tenants, guarantors and landlord
What the data is used for;
The legal basis (i.e. grounds) for using it;
How long the letting agent will hold data for successful and
unsuccessful tenancy applicants;
How long the letting agent will hold data for potential landlords who
do not contract with the letting agent for its services; and
The third parties (such as utility companies) with whom the landlord
will share the data.
The notice must also give information about tenants’, guarantors’ and
landlords’ 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
Residential Lettings Agencies, including Guidance Notes, Data Audit and
Privacy Notice templates.
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