What this notice is about
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, landlord, 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 landlords, tenants and residents and prospective tenants and residents along with any 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 lettings, property management (including dealing with repairs), rent collection, dealing with any complaints, maintaining our accounts and records, tenancy terminations and administering tenancy deposit
Please read this notice when you give us information so that you are aware of how and why we are using your Data. If any of your information supplied to us changes, please let us know immediately.
Why we provide this notice
We are required by Data Protection Act 1998 to give you this notice. We would like to take this opportunity to make you aware of why information is being collected and what is done with it. If you are a landlord, tenant, applicant or guarantor this document may contain information that is not relevant to yourself.
Data Collection and use
We use different methods to collect data about you including the information you supply to us when applying for a tenancy/residency. If you fail to provide this information we may not be able to proceed.
Necessary personal data is processed by us (or by any letting/managing agent we retain) relating to tenants/prospective tenants/residents/prospective residents/guarantors consisting of the following as applicable: –
- · Identity and contact details including car registration
- · Personal/background information including occupation/status
- Bank details
- Verification and credit status
- Deposit (if any) including return on tenancy termination
- Tenancy details including renewals, joint tenants, other residents and guarantors
- Immigration/right to rent checks (England only)
- Rent and other payments
- Recovery of arrears, claims or possession proceedings
- Repairs/health and safety/housing conditions
- Breach of tenancy terms/nuisance/antisocial 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 communications and via our website where we operate one.
- Website and online portal information.
We also generate and use data internally, e.g. our rent records.
We may collect and receive data about you from third parties. This could be information given to us by other tenants or residents or neighbours. It can include information from a guarantor where there is a guarantor for your tenancy or from a joint tenant or other residents. 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 for Work and Pensions or the local authority where you are receiving Universal Credit or housing benefit. Information may be given to us relevant to Council Tax by the local authority. Utility companies or service providers may also give us personal information about you. Where the property is let or managed on our behalf by an agent the agent will supply us with 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, social media or from online rental portals such as Openrent, Gumtree or Rightmove. Information about you is available in the public domain often put there by you. This can be accessed by appropriate searches which allow access to the websites which hold this information. We may handle this information to assess suitability for tenancies/residency. This is in our own legitimate interest and to ensure the effective management of the tenancy and property. Any information which we receive in this way is set out in the Table in Appendix 1 which gives you more details about information which we can receive from third parties.
Sharing Data with others
We will share information we hold with other individuals when necessary and under the guidance of the data protections legislation. Examples of this are; Information shared to current landlords or applying to a new landlord; Contractors; Engineers; Suppliers: Utilities and service providers; Tradespeople; Financial organisations (including bank and insurance companies) debt collection and tracing agents; Courts; Police & law enforcement agencies; Taxation Authorities; Local authorities; public and government bodies; Managing Agents.
We may need to share information with a future owner of the property if the property you occupy is being sold. This information may also need to be given to advisers such as Lawyers, solicitors and accountants.
If you live in a house, flat or apartment your information will be given to the freeholders/ managing agents.
We may use third party analytics services on our websites and mobile apps. The analytics providers that administer these services use technologies such as cookies and web beacons to help us analyse how visitors use our websites and apps.
You may also agree to third parties disclosing information about you that those third parties have collected.
Lastly, we are legally obligated to provide information to any tenancy deposit scheme protecting any tenancy deposit that has been paid. What we share will depend on the necessary circumstances.
Storage & security of dat
We will limit the access to your personal data to our employees, agents, contractors & other third parties. They will only process personal data on our instructions and they are subject to a duty of care.
All of our information is stored securely, electronically on servers & devices. Certain information is retained securely in hard copy format.
Length of storage of data
Your data will be stored for a limited time and not open-endedly. We will hold your information for seven years after your tenancy ended or last contact has been made. Although we may keep your data for longer if it is in our legitimate interest.
We may monitor, record & retain your calls, emails, text messages, social media messages & other communications. This is in our legitimate interests to maintain an accurate record of these. We require these records for ongoing dealings
Telephone conversations may be recorded for legitimate interests for monitoring & records. This includes messages left via voicemail or through a holding system.
Legally we must also hold & process information relating to any tenancy deposit which you pay to us including sharing your information with a deposit scheme by which any deposit is protected.
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 on request. This applies whether you are a UK or EU Citizen. Not only are we required to see the original documentation but we must take and keep copies of it. We also check 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.
Utilities & council Tax
In line with advice from the information commissioner we consider that it is in legitimate interests of utility companies to receive information about occupants of the property to enable them to bill you for utilities. Likewise, we notify local authorities of your occupancy relevant to the collection of council tax. In any event, they are entitled to serve notice upon us requiring this information if they choose to do so.
Joint Tenants And guarantors
A tenancy that is joint with another tenant or when there is a guarantor on the tenancy, as necessary we will share this information wither with the joint tenant/ guarantor or both.
This relates to the responsibilities under the tenancy agreement including information regarding arrears or other breach of the tenancy agreements terms. Furthermore, any termination of the tenancy and any claims we may have as a result.
In cases where you rent a property where a child resides, information will be given to us about resident children. Data protection law requires us to give such information additional protection where we collect or use it.
Acceptable documents – Money Laundering Regulations 2017
We are subject to the Money Laundering Regulations 2017. This means that we have to obtain and hold identification and proof of address for all customers. Additionally, we are also required to establish whether there are any beneficial owners on whose behalf the transaction or activity is taking place, hence, we would request you to identify anyone who you would consider to be a beneficial owner. Where appropriate, the source or destination of funds may also be requested. Without this information we will be unable to proceed with any work on your behalf.
Below is a list of acceptable identity documents. We require sight of all original or certified documents.
Individual identity documents
Eight8 Property requires one document from List A and one document from List B.
List A – Proof of Identity
- Current signed passport
- Valid UK driving licence
- EEA member state identity card
List B – Proof of Address
- UK/EU/EEA Drivers Licence(if UK Drivers Licence not used as ID).Must be valid, not expired. Photo only. Full or provisional.
- Bank, Building Society or Credit Union Statement.Dated with 3 months. Must include account number and show recent activity. No general correspondence.
- Credit Card Statement dated within 3 months. Must include account number and show recent activity. No general correspondence.
- UK, EU, EEA Mortgage statement dated within 12 months. Must show account number. No general correspondence.
- Utility Bill dated within 6 months E.g. Gas, electricity, water. Must show address for service and/or account number. No general correspondence.
- Telephone Bill dated within 6 months E.g. Landline or mobile pay monthly (excluding pay as you go). Must show address for service and/or account number. No general correspondence.
- Council Tax dated within 12 months. Must show address for service and/or account number. No general correspondence.
- Tenancy Agreement dated with 12 months. Must state full name and full property address. Issued by local council, housing association, solicitor or reputable letting agent.
- Benefits Entitlement Letter dated within 12 months. Issued by DWP or Jobcentre plus. Must confirm benefit payable at time of issue. E.g. Pension, disability, single parent, housing etc.
- HMRC Tax Notification dated with 6 months. Must state national insurance number and tax calculation. No general correspondence.
- Home or Motor Insurance Certificate dated within 12 months. Must state insured address or registered address for vehicle and policy number. No general correspondence.
- UK solicitors letter confirming house purchase/land registration dated with 3 months. Must state full name of new proprietor and full property address.
- NHS Medical Cardor letter from GP confirming registration dated within 3 months. Must state individual’s date of birth and NHS number. No general correspondence.
- Official confirmation of Electoral Register entryor official poll card dated within 12 months. Must state full name and full address. No general correspondence.
- Police Registration Certificate dated within 12 months. Must state the full residential address of the individual.
If you are acting as a Representative of an Estate we require the following:
- Grant of Probate (if a will was left)
- Letter of administration (if no will left)
- Individual identity evidence from List A & Bfor the Personal Representative, either executor or administrator
If you are acting as a Representative of a UK Company we will also require the following:
- Certificate of Incorporation
- Articles of Association
- Memorandum of Association
- Latest Annual Return or Confirmation Statement, with details of current company officers
- If offshore, nominee director declaration and a general power of attorney
- Individual identity evidence from List A and Bfor all individuals or entities with 25% or more of the shares or voting rights in the company
If you are acting as a Representative of an Offshore Company we will also require the following:
- Certificate of Incorporation
- Articles of Association, Memorandum of Association, Latest Annual Return with details of current company officers, Share Certificate(s) showing the Ultimate Beneficial Owner OR
- Certificate of Incumbency
- If the shares are owned by another company, repeat steps above for the holding company
- Nominee director declaration and/or general Power of Attorney (if applicable)
- Individual identity evidence from List A and Bfor all individuals or entities with 25% or more of the shares or voting rights in the company
If you are acting as a Representative of a Trust we require the following:
- Trust deed
- List of trustees
- List of beneficiaries
- Individual Identity evidence from List A & Bfor all individuals with a vest interest in 25% or more of the capital and/or those who exercise control over the Trust
Your Rights/Access to your data
The individual who is subject to the processing of data has a number of rights under the GDPR:
the right to be informed;
the right of access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to data portability;
the right to object; and
the right not to be subject to automated decision-making including profiling.
It is your right to request access to the data that we hold about you; receive copies of your personal information & confirmation that we hold your data.
To access personal data held we will require identification. We will accept the following forms of identification; Driving license, Passport, birth certificate along with a utility bill no older than three months.
All requests should be sent to firstname.lastname@example.org, by phoning 0121 236 8235 or writing to the further address below.
We have our own internal complaints policy. If you have any concerns about how your data is collected or handled, please contact us with the details provided in the withdrawal of consent section.
To make sure that we review and respond to your complaint please ensure that you give full details of the issue. We will respond to your complaint within a reasonable time.
You are also entitled to complain to the independent commissioner’s office:
Information Commissioner’s Office
Withdrawal of Consent
You can withdraw consent at any time by telling us by email or post.
If you withdraw your consent or limit your preferences, there will be certain service & products that you will not be able to benefit from.
2 Masshouse Plaza
The right to withdraw consent may be limited by law requirements, if this does happen you will be informed.
Table 1 – Data categories and who they are shared with
|Data category||With whom we share the data|
|Personal/background information||Other landlords/employers; debt collectors/tracing agents; next of kin etc.; insurers; banks etc.|
|Bank details||Our bank, credit reference agency; debt collects/tracing agents|
|Tenancy details||Other landlords/employers, benefit authority, taxation authority|
|Deposits (if any)||Tenancy deposit body; debt collectors/tracing agents; taxation authority|
|Immigration/right to rent checks (England only) and verification of tenant’s identity||Home Office; credit reference agency (for verification of identity)|
|Rent and other payments||Bank, benefits authority, taxation authority, joint tenants/resident’s guarantor, insurers, other landlords|
|Recovery of arrears, claims and possession||Debt collectors/tracing agents, other landlords, taxation authority, joint tenants/residents, guarantors; insurers|
|Repairs/housing conditions/health and safety||Contractors, tradespeople, etc., deposit protection body, joint tenants/residents, freeholder flat management etc., guarantors|
|Breach of tenancy agreement/nuisance etc.||Contractors, tradespeople etc., deposit protection body, joint tenants/residents, guarantors, educational institution, neighbours, other residents etc., freeholder, flat management agents etc., insurers|
|Council Tax liability||Taxation authority (local authority)|
|Water charges||Severn Trent Water and other water companies|
|Utilities and services||Utility suppliers and service providers, e.g. Broadband|
|Universal Credit, housing benefit etc.||Benefit authority (Department for Work and Pensions or local authority), regulatory authority, joint tenants/residents/guarantors|
|Termination of tenancy||Other landlords, educational institutions, debt collectors/tracing agent, taxation authority, deposit protection body, bank joint tenant/resident/guarantors, freeholder managing agents etc.|
|CCTV/audio/ recording table||Deposit body, joint tenants/residents, guarantor, next of kin etc.|
|Correspondence etc.||Depending upon the applicable category of information relevant correspondence etc. is shared with any of the persons/organisations/authorities listed in Section A.|
|Online platforms||Joint tenants/residents; guarantors|
|Insurance||Insurers, banks etc.|
|Flat management||Freeholders, flat managing agents etc.|
Table 2 – Private persons/organisations
|Categories of persons /organisations||Purpose and legal gateway|
|Other landlords/employers||To obtain references. This is to ensure suitability for a tenancy in our own legitimate interests. We also provide information to prospective landlords in their legitimate interest to assist them in evaluating suitability for a tenancy/residency. These interests are to ensure that properties are let to reliable tenants/residents. Where the property is subject to selective licensing there is a legal obligation for new landlords to obtain references before they let.|
|Contractors/tradespeople/service suppliers||Assisting in carrying out our responsibilities under the tenancy agreement and for the management of the tenancy and the property for contractual performance. In certain cases, this is also to comply with our legal obligations in relation to housing conditions and health and safety, e.g. gas, electrical and fire alarm maintenance and inspection. We will also provide your contact details to contractors etc., to facilitate access to the property for contract performance. On occasion we will arrange for inspections in our legitimate interests. This is so that we can deal with complaints and pursue/defend claims.|
|Utility companies and service providers, e.g. Broadband||Arranging for utilities/services and establishing liability for payment along with administering their supply in our own legitimate interests and those of the provider. This is to ensure utilities/services are provided and that liability is correctly established. Utility companies also have certain statutory obligations to perform, e.g. metering. In the case of utilities or other service providers if we agree to provide any relevant utility or services as part of the tenancy agreement then these arrangements are made for contractual performance. Otherwise, they are in the legitimate interests of the utilities/service providers to ensure that they can effectively carry out their various activities.|
|Credit reference agencies||We request and consider credit and other referencing relating to deciding on the suitability of tenants and residents for a tenancy. This is in our own legitimate interest to ensure that we let to|
|reliable tenants/residents. This may include the Residential Landlords Association who undertake on behalf of their members with Call Credit.|
|Debt collects/tracing agents||To trace you or make a claim in our legitimate interests. These are to enforce our legal rights.|
|Joint tenants/residents||Management of the tenancy and the property for contractual performance. Additionally, in our own legitimate interests and those of joint tenants/residents where there are arrears of rent or other payments due or breaches of the terms of the tenancy agreement as they are either jointly liable for performance or non- performance could adversely impact on their continued residence at the property. The legitimate interests are to protect our own property interests and to enforce our rights.|
|Guarantors||Management of the tenancy and the property for contractual performance. We also inform guarantors of claims and liabilities for contractual performance of the guarantee. It is in our own legitimate interests and those of the guarantor to give and receive information relating to non- performance of tenancy obligations including non- payment of rent and other payments. Our interests are to protect our property interests and to enforce our rights and the guarantor’s interests are so that the guarantor is aware of possible liability under the guarantee.|
|Next of kin etc.||To make contact with them in the event of an emergency to protect your vital interests.|
|Insurers||To arrange public and other liability insurance and rent insurance and to make claims. This is in our legitimate interests and the insurers legitimate interests. These are making sure that appropriate insurance is arranged and the policies are correctly administered. Under the terms of policies, we are required contractually to provide information to insurers.|
|Banks and lenders||Where we have loans, information regarding tenancies must be provided to arrange and administer loans. This is in our own legitimate interests to finance our business. Contractually they are entitled to your information. In the case of banks information about you can be shared for the purposes of administering rental and other payments for contractual performance. Your information can also be shared for the purposes of preventing and detecting money laundering and fraud. This is in our own legitimate interests and|
|those of the bank in order to detect crime. Contractually we may be required to provide information regarding insurance cover to banks etc. providing us with loans. This is in our legitimate interests to ensure compliance with the loan conditions and in the interests of the bank etc. to see that appropriate insurance cover is in place.|
|Neighbours, other tenants and residents||The management of the tenancy and the property. This includes information relating to complaints including alleged breaches of the tenancy agreement and anti social behaviour, as well as the abandonment of the property. It can include car registration information. This is in our own legitimate interests to protect our property rights and to enforce compliance with the terms of the tenancy. It is also in the legitimate interests of neighbours for their enjoyment of their own properties and to protect their property, interests and rights.|
|Flat freeholders, managing agents etc., where the property is a flat.||The management of the tenancy and the property. Under leases/other contractual arrangements they are entitled to certain information, e.g. who occupies the flat and the terms of such occupation. Further, consents/permissions may be required relating to the tenancy for the carrying out of alterations or works or your information may be relevant to repairs. This is done in our own legitimate interests. These are to ensure we comply with our own contractual obligations. Additionally, there may be complaints involving breach of the terms of these leases/other contractual provisions connected with nuisance, non-compliance with leases/other arrangements or anti social behaviour. Consequent upon this information may be shared in our own legitimate interests or those of the freeholder managing agent etc., concerned. This is to ensure compliance with our own contractual legal obligations and/or for the management of the block.|
|Web sites, portals etc.||Undertaking searches and obtaining publically available information relevant to your suitability for a tenancy/residency and relating to the management of the tenancy and the property. This is undertaken in accordance with applicable data protection law and guidance and subject to data protection principles. In connection with your application for a tenancy, we may receive information via any online portal involved for contractual performance.|
Table 3 – Public Authorities
|Home Office||Immigration/right to rent checks for the performance of our legal obligations|
|Benefit authority||The administration of benefits such as Universal Credit (by the Department for Work and Pensions) and the housing benefit/local housing allowance by the local authority. This includes applications to them for direct payment of benefit to ourselves. It extends to claims by them for overpayment where we receive direct payments. This is for contractual performance and/or in our legitimate interests to ensure that we collect rent and that amounts properly due to us are received.|
|Deposit body||Under housing legislation we are required to protect any deposit which you pay in connection with the tenancy. We may pay this into a custodial scheme which holds the money or alternatively hold it ourselves in which case it is insured. We have to register the deposit with the deposit body concerned. This is to comply with our legal obligations. During the course of the tenancy it may be necessary to give details of any changes to the deposit body to comply with our legal obligations. On the termination of the tenancy for contractual performance we must arrange for the return of the deposit in whole or in part depending on whether there are any claims on it or not by us. In the event of disputes these can be submitted to adjudication in which case it is necessary for information to be provided to the deposit body concerned (and its adjudicator) in our legitimate interests to pursue or defend claims. This is also contractually required under the rules of the scheme.|
|Educational institutions||Information relating to non- payment of rent, breach of tenancy terms, nuisance or anti social behaviour may be shared with educational institutions where you are studying. Educational institutions can operate complaints schemes in conjunction with landlords of student properties. This can include information about tenancy terminations. This is in our own legitimate interests to protect our property interests and our rights and in the interests of the educational institution concerned to oversee the conduct of their students.|
|Taxation authorities||These are HM Revenue and Customs and (in the case of Council Tax and Council Tax reduction schemes) local authorities, as well as any other public authority having power to levy taxes or charges. We are required by law to make appropriate returns to comply with legislation imposing taxes etc. In the case of Council Tax this is required where statutory notice to that effect is served on us. Otherwise, we share information with the local authority relating to Council Tax in our own legitimate interests to ensure that Council Tax is correctly administered and in the legitimate interests of the local authority to collect information for the same reason.|
B – Private persons/organisations/public authorities with whom any information is shared
As necessary, we share all of your information (irrespective of its category) with certain private bodies/organisations/public authorities. This includes transferring your information to them and receiving it from them. These are:
|Category of person/organisation/public authority||Purposes and legal gateway|
|Professional advisers||Assistance and advice regarding the management of the tenancy and the property for contractual performance. Where we handle your information under some other gateway and a professional adviser assists or advises this will for the same purpose and under the same legal gateway. If it is in the legitimate interests of ourselves or someone else then those interests will be the same. These are to ensure that we act appropriately and properly as well as according to the law.|
|Police/law enforcement agencies*||Prevention/detection of crime and anti social behaviour in our and their legitimate interests. This is to protect our property and enforce our rights and to enforce the law.|
|Regulatory authorities*||To carry out their functions in their legitimate interests. These are to enforce legal requirements. On occasion, we may be under a legal obligation to provide your information, particularly if a notice to that effect is served on us. This can include an ombudsman or accreditation or similar scheme of which we are a member. It also includes water companies, utility providers who are exercising their functions as statutory undertakers.|
|Letting and managing agents||To let or manage the property in our and their legitimate interests. These are so that the tenancy and the property are effectively let and managed. Contractually we are required to provide your information to any letting/managing agent we instruct.|
|Courts*||The administration of Justice in our legitimate interests. These are to pursue and defend claims.|
|Prospective purchaser of the property||In the event of a proposed sale/sale of the property either subject to the tenancy or with vacant possession any prospective purchaser/purchaser will require information about the tenancy and the property. This is in our own legitimate interests and their|
legitimate interests. This is part of the conveyancing and sales process for both parties. The legitimate interests are to ensure that correct information is provided and received.