Key Estates (NW) Ltd Privacy Notice
Key Estates (NW) Ltd of 16 Poulton Street, Fleetwood, Lancs, FY7 6LP, telephone number: 01253 365575, email: firstname.lastname@example.org, registered number: 09579808 are committed to protecting and respecting any personal information you share with us.
This Privacy Notice tells you what information we obtain and hold about you whether you are initially applying to us for a tenancy or if you become a tenant, resident or guarantor, it explains what information we collect, why we collect it, and what we do with it, as well as who we share it with. We collect and handle personal information about our tenants and residents and prospective tenants and residents along with guarantors to enable us to provide residential accommodation. This includes dealing with applications for tenancies, checking the suitability of tenants, residents along with any guarantors (including credit, immigration and similar referencing checks), arranging letters, property management (including dealing with repairs), rent collection, dealing with any complaints, maintaining our accounts and records, tenancy terminations and administering tenancy deposits.
You should read this Notice when you give us information so you are aware of how and why we are using this. Please update us if any information supplied by you changes.
Why we are giving you this Notice
We are required by data protection law to give you this Notice. We must be open with you about why information is collected about you and then what is done with it. We must act fairly in relation to this information. You have various legal rights relating to this information which are spelt out in more detail in this Notice.
In order that we can collect or use information about you there must be a legal basis or gateway for doing so. This Notice identifies the relevant gateway for the various types of information we collect and hold about you.
Under data protection legislation we can only process data “as necessary” and only to the extent that it is needed. For example, we can use your bank details regarding payments and other limited purposes only. However in certain instances, as necessary, we can share any of your data, eg, with our own professional advisers or letting and managing agents. We may also share any of your data, as necessary, with the police/law enforcement agencies or regulatory authorities.
References to a tenant in this Notice also include a guarantor if there is one. This is because a guarantor underwrites a tenant’s obligations so references to your tenancy are to include your guarantee.
The data that we collect/hold about you
We use different ways to collect data about you including the information you supply to us when applying for a tenancy. If you fail to provide this information we may not be able to proceed.
As necessary personal data is processed by us consisting of the following as applicable:
- Personal/background information including occupation/status
- Bank details
- Verification and credit status
- Deposit (if any) including return on tenancy agreement
- Tenancy details including renewals, joint tenants, other residents and guarantors
- Immigration/right to rent checks
- Rent and other payments
- Recovery of arrears, claims or possession proceedings
- Repairs/health and safety/housing conditions
- Breach of tenancy terms/nuisance/anti social behaviour
- Council Tax liability
- Water charges payable
- Utilities and services provided
- Welfare benefits
- Termination of tenancy
- Audio and CCTV recordings (if any)
- Health or disability
- Emails, texts and other communication and via our website
- Website and online portal information
We also generate and use data internally eg our rent records.
We also collect and receive data about you from third parties. This may be information given to us by other tenants or residents or neighbours. Public bodies such as local authorities or the police or other law enforcement agencies may give us information about you. This can include the Department of Work and Pensions or the local authority where you are receiving Universal Credit or housing benefit. Utility companies or service providers may also give us personal information about you. We obtain information about you when we carry out credit checks or take up references. We may also receive information from you via websites or from online rental portals such as Gumtree.
Sharing data with others
We will share information we hold with others, where this is necessary. When we do this, we must comply with data protection legislation. Information can be shared with other landlords including whether you apply to another landlord for a tenancy, contractors/suppliers, utilities and service providers, tradespeople, financial organisations (including banks and insurance companies), debt collection and trading agents, public and government bodies, courts, police and law enforcement agencies, taxation authorities, local authorities in relation to council tax, letting and managing agents and any future owner of the property. We may need to share information with your next of kin in case of an emergency. We also send notifications to and have correspondence with any tenancy deposit scheme protecting any tenancy deposits which has been paid. In some cases, we may be under a legal obligation to provide information either because of the law or because of a contractual obligating binding on us.
Immigration/right to rent checks
By law we are required to check your immigration status before we rent a property to you. This means that you are legally obliged to produce certain documentation (eg passport or driving licence) to us. Not only are we required to see original documentation but we must take and keep copies of it. We also check this documentation as part of our process to verify your identity at the outset of the tenancy. Prospective tenants and all adult residents who will live at the property must be checked.
Search engines, websites etc
As necessary we obtain information about you which is publically available via search engines such as Google or Facebook and websites. This will include information about you which you yourself made public. However, when doing so we make sure that we comply with applicable guidelines under data protection legislation.
In cases where you rent a property where a child resides, information will be given to us about resident children, usually by an adult such as a parent on their behalf. Data protection law requires us to give such information additional protection where we collect and use it. In particular, we need to check on the age of any residents to see whether or not an immigration/right to rent check must be carried out.
Obligation to process data
Private renting is highly regulated so we are under various legal obligations. These include an obligation to carry out gas safety checks under gas safety legislation. We may need to handle data for this purpose eg to give the contracted gas safety engineer access to the property.
Legally we must also hold and process information to any tenancy deposit which you pay to us including sharing your information with a deposit scheme by which any deposit is protected.
Why we collect data and the legal basis for processing your personal data
Processing personal data includes recording, storing, altering, using, sharing or deleting data. We only need one of these gateways and for our purposes they are:
- Your consent. Consent may be requested in certain cases eg to obtain a reference but generally we do not rely on your consent to process your personal data.
- To perform our contract so that we can carry out our responsibilities under the tenancy agreement with you including anything you request us to do with a view to you becoming a tenant.
- Compliance by us with a statutory or other legal obligation.
- Where this is in your vital interests eg if there is a life threatening situation.
Why we process your data
- For deciding on the suitability of a proposed tenant
- For verifying the credit suitability of tenants
- To check immigration status/right to rent
- To perform our contract to complete the tenancy agreement
- For rent collection and collection of other payments including deposits and guarantors
- For arranging repairs and maintaining the condition of the property and keeping it in a safe condition
- For recovering debts and other payments due including any possession proceedings
- For administering liability for Council Tax
- For arranging and paying for utilities and services
- For dealing with welfare benefits (including Universal Credit and housing benefit) where payable in respect of the rent
- In relation to tenancy termination including the return of any deposit
- For processing complaints
- For providing information to public or local authorities who are legally entitled to require this information
- For the storage of emails, records of calls and other communications
- For prevention, detection and investigation of crime and anti social behaviour
Information legally required under your tenancy agreement
Your tenancy agreement provides that in certain situations you must give us information when asked. This is a legal obligation because it is a contractual requirement. You should refer to the relevant clauses in your tenancy agreement which tell you the situations in which such information must be given.
Where we hold personal data about you you are the data subject. Data protection legislation gives you several rights. To exercise any of these rights you should contact us. You can do so by either email or writing to us at the address given at the top of this Notice.
In particular, you have a right to object to the processing of your information where we are processing this in our own legitimate interests or those of someone else. This applies if you feel that this impacts on your own interests or your fundamental rights or freedoms.
These rights are as follows:
- Access – you have the right to make a request to be told what personal data we hold about you.
- Correction/Rectification – if you consider any data we hold about you is inaccurate you can tell us so that where appropriate this can be corrected.
- Erasure – you have a right to ask us in certain circumstances to erase any data we hold about you.
- You can object to our processing of data – this allows you to object to our processing of data about you. We must then stop processing data unless we can establish legitimate reason for continuing.
- Restricting processing – you can ask us to suspend processing of your personal data and we must then restrict processing of data.
- Data portability – this allows individuals to reuse their personal data for their own purposes across different services allowing them to move, copy or transfer personal data more easily.
Withdrawal of consent
Where your consent provides us with the legal gateway to process data about you, you can withdraw this at any time by telling us by email or post using the telephone/address given above.
We operate our own internal complaints policy and if you have any concerns about the way in which we collect or handle data please contact us via email or in writing.
Additionally, you have the right to lodge a complaint with the Supervisory Authority – Information Commissioner, Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF www.ico.org.uk