Article Posted -
29 May 2018

The introduction of General Data Protection Regulation (or GDPR for short) means that from 25th May, you’ll have more control over your data. This is a hugely positive step for data protection, both for you as an citizen, and as a landlord.

The new GDPR rights also apply to your tenants. This means that your tenants will have more control over the data you hold on them too.

We see GDPR as an opportunity to improve our service to landlords, not only to ensure we protect our members’ information securely, but also to update our processes, tenancy forms, and the guidance we offer to help you fill out these forms correctly to comply with your legal responsibilities.

GDPR background

Data protection is, literally, the system of legal control exerted over the processing of and access to personal information stored electronically. In the UK it has been primarily governed by the Data Protection Act 1998 (DPA).

The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a regulation by which the European Parliament, the Council of the European Union and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU).

The GDPR aims to give control back to citizens and residents over their personal data and to simplify the regulatory environment by unifying the regulation within the EU. When the GDPR takes effect, it will replace the 1995 Data Protection Directive, transposed into UK law by the DPA.

Despite the intention to leave the EU, the Westminster Government has confirmed that the GDPR will be brought into UK law

Whilst all of these are positive developments, some of the changes will inevitably affect you in various ways.

As a landlord you handle your tenants’ data. By law, this classifies you as a data controller, and as such you have a responsibility to handle your tenants’ personal information in an appropriate and lawful manner and are obliged to comply with GDPR.

We understand it can be a confusing topic, and difficult to know what you should be doing and when you should be doing it by. That’s why we’ve compiled a range of member-only resources to help ease the transition, including:

  • GDPR - A landlord guide
  • Model Fair Processing Notice
  • Checklist of things you can start doing straightaway
  • Frequently Asked Questions
  • New NLA Online Library module - Introduction to GDPR
  • A National Register of Accredited Landlords to show tenants you are a reputable landlord who adheres to best industry practice
  • A special 45 minute webinar, presented by Acting Director of Policy & Practice, Chris Norris. Explaining the principles of data protection, what GDPR means for landlords and how to comply and embed best practice.

Youtube photo of course

Full members also enjoy a subscription to UK Landlord Magazine, access to the telephone advice line, online library resources covering a range of topics including tax, regulations, licensing and safety, and free tax investigation insurance. Full member benefits can be found here.

Membership of the NLA is tax deductible, and can be offset against rental income. Join the NLA today for as little as £89 per annum.

Become an NLA member

If you are already a NLA member or an Associate you will need to download any forms, documents and agreements stored on our website by 21st May 2018.

This is because, in order to comply with GDPR requirements, we are now unable to store your tenants’ personal information. Hence we have had to take the decision to suspend the ‘Create Online’ functionality from NLA Forms (where you could input tenants' data to forms via our website), and instead we now offer a range of downloadable forms for you to edit offline. These will all be available by the end of the month.

As an NLA member you can access these range of GDPR resources in our NLA forms section 

Comments

Submitted by 53015 on 2 June 2018 - 7:33pm

I logged on today hoping to be able to refer to my documents but find they are no longer available due to GDPR. Is there any way I can retrieve them please?now
Judy Ekins 53015

Submitted by 133769 on 24 May 2018 - 12:19pm

1)

For properties of mine let via an agent where the agent finds the tenant, manages the tenancy & just provides me (not the other way around) with the tenant name, telephone number, email address & alternative address to register the deposit & put in place Rent Guarantee Insurance, do I need to:-

i) draw up a formal contract between me as Data Controller & the agent as Data Processor Yes or No?

ii) if the agent found the tenant & uses a sub processor eg Homelet to carry out referencing, does the agent need my formal permission from them to use sub processors - Yes or No?

iii) do I need to have sight of anything in this regard? Yes or No?

2)

On registering the Deposit with MyDeposits & setting up Rent Guarantee Insurance with a broker, latter of which I only provide tenants name & property address, do I ....

i) need to see MyDeposits & the Rent Guarantee Broker's Fair Processing Notice - Yes or No?

ii) do I need to have a formal contract with them? Yes or No?

3)

On providing a Contractor with my tenants name, contact telephone number & property address eg British Gas & Domestic & General with whom we have service contracts or e.g. an electrician, plumber or decorator, do i) these contractors need to be registered with the ICO? Yes or No

ii) do they need to have a Fair Processing Notice & do I need sight of this before they attend the property? Yes or No?

iii) many contractors are often one man band operators who won't be ICO registered - does the same apply to these contractors? Yes or No?

iv) and same question re white goods/furniture suppliers who I give tenants name/contact detail & property address for direct delivery? Yes or No?

Submitted by 131499 on 14 May 2018 - 10:08am

UNABLE TO ACCESS FORMS AND DOCUMENTS 14 MAY 2018