This privacy notice was last updated in November 2020.
Green & Co (Lettings) Limited (the “Agent”, “we” or “us”) is a data controller. This means that we collect and process certain data about you. The way in which we do that is set out in this privacy notice.
The Agent collects, stores and processes personal data relating to tenants, residents and guarantors, and prospective tenants in order to provide rental accommodation. This privacy notice sets down how the Agent collects and uses personal information about you before, during and after a tenancy.
This privacy notice sets down what personal information the Agent collects, why it is collected, how it is held and what information is processed by the Agent and with whom.
The Agent is committed to protecting the privacy and security of your personal information. The Agent is committed to being clear and transparent about how it collects and uses that data and to meeting its data protection obligations.
If you do not agree to the Agent collecting and processing your personal data as detailed in this notice, please do not proceed to use our website or enter into a tenancy which the Agent administers.
- Data Protection Principles
The Agent complies with the General Data Protection Regulation (2016/679) and the UK Data Protection Act 2018. This means that the personal information we hold about you must be:
- Used lawfully, fairly and in a transparent way;
- Collected only for valid purposes that we have explained to you clearly and not used in any way that is incompatible with these purposes;
- Relevant to the purposes we have told you about and limited to those purposes only;
- Accurate and kept up to date;
- Kept only for such time as is necessary for the purposes we have told you about; and
- Kept securely.
- What information does the Agent collect and process?
The Agent collects and processes a range of personal information (personal data) about you. Personal data means any information about an individual from which the person can be identified.
Different information may be collected, depending on whether you are a landlord client, tenant, resident or guarantor. The information we collect is set out below:
- Identity and personal contact details, such as your name, title, address, email address, telephone number, date of birth, national insurance number. We use this information to help identify you and verify who you are, which is necessary when arranging a letting on your behalf.
- Background information such as previous landlord details, employer details, accountant details, next of kin, dependants and emergency contacts. We use this information to provide our service to you (i.e. arranging lettings) and to verify who you are.
- Bank account details, bank references and credit check results. We use this information to collect payment from you or send payments to you, in relation to lettings, and also to verify your ability to pay.
- Tenancy details including renewals, joint tenants, other residents and guarantors. We use this information to arrange a letting for you
- Tenancy deposit information (if any) including return on tenancy termination. We use this information to fulfil our contract with you, i.e. to ensure your deposit is kept securely and returned, where appropriate.
- Immigration/right to rent checks (England only). We use this information to comply with our legal obligations.
- Rent and utilities payment records. We use this information to ensure you keep up to date with make payments on the property you let.
- Recovery of arrears, claims or possession proceedings. We use this information to ensure that you are complying with applicable law when letting a property.
- Breach of tenancy terms/complaints. We use this information to provide our landlord clients with a service, which is to ensure they are kept updated on the properties they are letting.
- Council Tax and utilities records. We use this information to provide our landlord clients with a service, which is to ensure they are kept updated on the properties they are letting, and to ensure that all property bills are paid in a timely manner.
- Universal credit/housing benefit records. We use this information to ensure you are staying in the correct property for your circumstances.
- Notices and correspondence regarding termination of tenancy. We use this information to liaise with you regarding your tenancy.
- General correspondence in all formats (letters, emails, text messages etc). We use this information to liaise with you regarding your tenancy.
- Data sent from web browser to the Agent’s server (including pages visited and time and date and duration on the Agent’s server). We use this information to improve your experience on our website.
- For landlord clients, proof of ownership. We use this information to identify you and verify you are the owner of the property we will let on your behalf.
- For landlord clients: property portfolio details, including insurance information, health and safety documents, licence applications, lender restrictions, accounting and letting management records. We use this information to comply with our legal obligations.
We may also collect, store and use the following special categories of more sensitive personal information:
- Information about medical or health conditions, including whether or not you have a disability for which the Agent needs to make adaptations
The Agent collects this information in a variety of ways. For example, data is collected through the tenancy application process and through correspondence during the tenancy. The Agent also generates its own records such as rent payment records.
In some cases, the Agent collects personal data about you from third parties, such as:
- References supplied by former landlords, employers and personal referees;
- Information from credit reference agencies;
- Other tenants, residents or neighbours;
- Local authorities;
- The police or other law enforcement agencies;
- Department for Work and Pensions
- Utility companies or service providers;
- Letting/managing agents; and
- Websites or online rental portals such as Rightmove.
Data is stored in a range of different places, including in paper files and in the Agent’s IT systems (including the Agent's email system).
- Situations in which we will use your personal information
Other than as specified above, situations in which we will process your personal information are listed below:
- To verify the identity of a proposed tenant/resident;
- To decide on the suitability of a proposed tenant/resident;
- To arrange lettings;
- To assess the financial standing/suitability of a proposed tenant/resident;
- To check immigration status/right to rent;
- To deal with joint tenants and residents who are linked to the tenancy;
- To enter into a tenancy agreement;
- To secure payment of rent and performance of tenant obligations;
- To collect rent and other payments;
- To manage the tenancy and the property;
- To arrange an energy performance certificate;
- To arrange an inventory check or report on the condition of the property;
- To keep accurate records relating to the Agent’s rental business;
- To arrange repairs and maintenance of the property;
- To monitor and enforce performance of tenant’s obligations;
- To recover debts and/or obtain possession of a property;
- To ensure Council Tax and utilities charges are billed and paid appropriately;
- To ensure that welfare benefits (such as Universal Credit and housing benefit) are paid to the landlord or tenant where appropriate;
- To handle tenancy termination and the return of any tenancy deposit;
- To handle complaints;
- To address health and disability issues relating to tenants/residents;
- To create and keep audio and CCTV recordings;
- To provide information to public or local authorities who are legally entitled to require this information;
- To contact next of kin or close relatives in case of emergency;
- To store emails, records of calls and other communications;
- To comply with legal and regulatory requirements;
- To bring and defend legal claims;
- To prevent, detect and investigate crime and anti-social behaviour;
- To perform our tenancy contract to deal with joint tenants and residents who are linked to the tenancy;
- To take payment for the services provided by the Agent;
- To perform our terms of business with a landlord client; and
- To provide you with general updates in relation to the property market and information relating to the Agent’s services in accordance with your express consent.
- If you fail to provide personal information
If you do not provide certain information when requested, the Agent may not be able to proceed with the grant of a tenancy agreement (for a tenant or guarantor) or provide its lettings services (in the case of a landlord client).
- Change of purpose
The Agent will only use your personal information for the purpose for which it was collected unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will advise you of this and explain the legal basis which allows us to do so.
You should be aware that we may process your personal information without your knowledge or consent where this is required or permitted by law.
- For how long do you keep data?
The Agent will only hold your personal data for as long as is necessary to fulfil the purposes we collected it for, including any legal, accounting or reporting requirements. The period for which your data is held after the end of a tenancy is seven years. The period for which your data is held following an unsuccessful tenancy application is one year (for a tenant), and one year for a potential landlord who does not contract with the Agent for its services.
- Who is data shared with?
Your information will be shared internally, including with other staff members in connection with this service.
The Agent also shares your data with third parties where required by law, where it is necessary in order to administer the relationship with you or where we have another legitimate interest in doing so. Information can be shared with:
- Professional advisers, including solicitors and accountants;
- Freeholder and/or their managing agent (for property in block of flats);
- Existing or previous landlords;
- Existing or previous employers;
- Credit referencing agencies;
- Debt collectors and tracing services;
- Local authorities and government/public bodies;
- Ombudsman/redress schemes;
- Professional body/regulator;
- Police/enforcement agencies;
- Internet service providers;
- Banks/building societies;
- Tenant’s/resident’s next of kin or close relatives in case of emergency;
- Joint tenants and other residents;
- Joint owners of the property;
- Tenancy Deposit Schemes;
- Universal Credit/housing benefit/other benefit administrator;
- H M Revenue and Customs;
- Council Tax authority;
- Utilities and service providers;
- Future owners of the property;
- Contractors and trades people providing services at the property;
- Prospective purchasers of property;
- Other landlords including where you apply to another landlord for a tenancy; and
We will only share personal data where it is necessary, proportionate and where we have a lawful basis to do so.
For tenants, residents and guarantors, the Agent may share certain personal data with the landlord client, if necessary in order to provide the service to the landlord client. This does not extend to landlord clients being entitled to exercise data subject access requests on behalf of tenants.
The Agent will not transfer your data to countries outside the European Economic Area.
- How does the Agent protect data?
The Agent takes the security of your data seriously. The Agent has internal policies and controls in place to prevent your data being lost, accidentally destroyed, misused or disclosed. Details of these measures are available on request.
When the Agent engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
- Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please be sure to keep us informed if your personal information changes during the tenancy application process or during the course of a tenancy.
- Your Rights
As a data subject, you have a number of rights. You can:
- access and obtain a copy of your data on request (known as a “data subject access request”);
- require the Agent to change incorrect or incomplete data;
- request erasure of your personal information. This enables you to ask the Agent to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing;
- object to the processing of your data, if you believe your fundamental rights and freedoms outweigh our legitimate interests; and
- ask the Agent to suspend the processing of your personal data for a period of time if data is inaccurate or there is a dispute about its accuracy or the reason for processing it.
If you would like to exercise any of these rights, or you have any questions about the privacy notice, please contact Christopher Green on firstname.lastname@example.org.
If you believe that the Agent has not complied with your data protection rights, you have the right to make a complaint to the Information Commissioner’s Office.