• HEALTH AND SAFETY, AND OTHER LEGAL REQUIREMENTSThe following requirements are the responsibility of the owner (Landlord). Where we are managing the property they are also our responsibility. Therefore where we are managing we will ensure compliance, any costs of which will be the responsibility of the landlord.
  • Gas CertificatesAnnual safety check: Under the Gas Safety (Installation and Use) Regulations 1998 all gas appliances and flues in rented accommodation must be checked for safety at least every 12 months by a Gas Safe registered engineer. They must be maintained in a safe condition at all times, records kept for at least 2 years, and a copy of the safety certificate given to each new tenant before their tenancy commences.
  • Electrical CertificatesThere are several regulations relating to electrical installations, equipment and appliance safety, and these affect landlords and their agents in that they are ‘supplying in the course of business’. They include the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets Regulations 1994, the 2005 Building Regulation – ‘Part P, and British Standard BS1363 relating to plugs and sockets. Although with tenanted property there is currently no legal requirement for an electrical safety certificate (except in the case of all HMOs) it is now widely accepted in the letting industry that the only safe way to ensure safety, and to avoid the risk of being accused of neglecting your ‘duty of care’, is to arrange such an inspection and certificate.
  • Fire The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) provide that specified items supplied in the course of letting property must meet minimum fire resistance standards. The regulations apply to all upholstered furniture, beds, headboards and mattresses, sofa- beds, futons and other convertibles, nursery furniture, garden furniture suitable for use in a dwelling, scatter cushions, pillows and non-original covers for furniture. They do not apply to antique furniture or furniture made before 1950, and certain other items. Non-compliant items must be removed before a tenancy commences.
  • Smoke AlarmAll properties built since June 1992 must have been fitted with mains powered smoke detector alarms from new. Although there is no legislation requiring smoke alarms to be fitted in other ordinary tenanted properties (except HMOs), it is generally considered that the common law ‘duty of care’ means that Landlords and their Agents could be liable should a fire cause injury or damage in a tenanted property where smoke alarms are not fitted. We therefore strongly recommend that the Landlord fit at least one alarm on each floor (in the hall and landing areas)
  • Energy Performance Certificate EPCs are required for all tenanted property in England & Wales, Scotland, and Northern Ireland. Landlords offering property for rent are required by law to provide prospective tenants with an Energy Performance Certificate for their property. The certificates must be provided free either when (or before) any written information about the property is provided to prospective tenants or a viewing is conducted. An EPCs is valid for 10 years. We can arrange an EPC inspection for our landlord clients
  • Tenancy Deposit Protection All deposits taken by landlords and letting agents under Assured Shorthold Tenancies (ASTs) in England and Wales, Scotland, and Northern Ireland must now be protected by a tenancy deposit protection scheme. To avoid any disputes going to court, each scheme is supported by an alternative dispute resolution service (ADR). Landlords and letting agents can choose between two types of scheme; a single custodial scheme and two insurance-based schemes. More information on request.

Compulsory In Wales Please read

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Landlord Guide

We outline on this page a basic, quick guide and overview for Landlords, to explain what is typically involved with letting property. If you need any further information or advice, please don’t hesitate to contact us.

  1. Landlord Letting Guide
  2. Letting Requirements
  3. Deposit Scheme
  4. Other information
  5. Taxation
  6. Consent to Let
  7. Utilities
  8. Tenancy Agreements

Once you have understood the aspects to letting a property you may list your property.
1. Online Valuation  – if you are unsure how much rental value your property is worth request an online valuation

LANDLORD LETTING GUIDE

Before marketing can commence a valid Energy Performance Certificate must be in place, you can forward the Report Reference Number, printed in the top left corner of your certificate, or an electronic copy to info@moveplots.com. The description you have provided must be accurate and not misleading for the potential tenants. We recommend using pictures within your marketing as this can increase the interest in your property by over 80%, please contact us should you require advice on taking photos. Your property pictures can be uploaded to or you can email them to info@ntspt.com

All Lettings must include the following. We can provide you with standard copies if they are not included in your letting package.

  • Assured Shorthold Tenancy Agreement
  • Standing Order Mandate
  • Section 21 Notice
  • Section 8 Notice
  • Guidance notes for both section notices
  • Deposit Protection Service Prescribed Information & Terms and Conditions
  • Furniture Fire Safety Information

LETTING REQUIREMENTS

Before commencement of the tenancy you will need to have the following completed and copies available for the tenant;

  • Energy Performance Certificate
  • Gas Safety Certificate

Optional but recommended;

  • Portable Appliance Test electrical appliance
  • Full Wiring Test

All furniture and furnishings must comply with the Furniture and Furnishings Fire Safety Regulations, please see the attached guide for further information.

DEPOSIT SCHEME

Please note that all private landlords and letting agents taking deposits for Assured Shorthold Tenancies in England and Wales must safeguard them with a Government authorised tenancy deposit scheme, information on the free service can be found on the link below.

http://www.depositprotection.com/

We recommend that you have your Inventory completed by an independent party so as to provide protection for you at the end of the tenancy, please contact us if you would like further information on our Inventory/Check In/Check Out services.

OTHER INFORMATION

You will need to speak to your Mortgage provider to confirm that your mortgage allows you to rent the property and also inform your Buildings Insurance provider that your property is tenanted. You may wish to take out Insurance relating to the let such as Rent Guarantee Insurance, at this time we are unable to provide any quotes for you on this service..

TAXATION

As a landlord, you will have to declare your income and costs (whether you make a profit or not). You will also need to keep all your records, invoices, receipts and statements for up to six years. You can request and complete the Land & Property Supplementary pages for your tax return and the guidance notes from http://www.hmrc.gov.uk/saemployees/fagsa105.shtml .

The tax man will allow you to off-set some of the costs involved and we recommend you discuss this further with your accountant.

REQUEST A FREE VALUATION

If you’d like one our specialist managers to conduct an online valuation of your property, please click here to request a free valuation.

PRODUCTS AND SERVICES

Choose the package that best suits your needs. If you’d like to discuss with one of the team please contact us.

 

Fully Managed Service

Rent Collection Service 

Tenant Find Only Service 

  •  

INVENTORIES

We strongly advise our Landlords to carry out a full inventory for each separate tenancy. The purpose of checking an inventory is to establish damages which can only be done if descriptions and conditioning remarks are sufficiently detailed at the commencement of the tenancy and then at the end of the term.

Under the terms of the tenancy agreement, the tenant is required to return the property and contents at the end of the tenancy in the same condition as they were at the commencement, fair wear and tear accepted. It is almost impossible to ascertain whether damage was caused during a tenancy without a proper inventory signed by all relevant parties.

If instructed we will arrange a professional inventory and check in on your behalf, the cost of which is borne by the landlord. The tenants are responsible for paying for the check out.

CONSENT TO LET

If the landlord has a mortgage, it is normal for mortgagees to require notification of any proposed lettings and the landlord should seek their initial consent. In the case of leasehold premises the consent of the Head Lessee of Freeholder will be required. The landlord should also advise his insurance company of the proposal to let the property as this could either invalidate the insurance altogether or increase the premiums. You should obtain written documentation of these consents prior to letting.

UTILITIES

The tenant will be responsible for the payment of gas, electricity, water, telephone, council tax and television licence. (Unless otherwise agreed and stated)
As the landlord you are still responsible for the payment of service charges and ground rent in leasehold properties and buildings insurance on Freehold properties.

TENANCY AGREEMENTS

Most tenancies are classed as Assured Shorthold Tenancies. Under the Housing Act 1998 (as amended 1996) landlords have more rights to possession than with tenancies commencing prior to the Acts and procedures for possession are now quicker and simpler (provided the process is carried out correctly).

There is no minimum period for an Assured Shorthold tenancy; however we recommend that the tenancy is for not less than six months.

Most tenancies are drawn up for a period of twelve months, some have break clauses. A break clause allows either party to terminate the agreement with two months notice after an initial period of four months the notice may be served. We will be happy to discuss the pros and cons of different time periods with you.

Complaints Procedure
1.Please send a email to info@ntspt.com , we will try our upmost to reply within  14  days
2.Write a latter to Property Trader Nts Letting and Sales at 113-114 Commercial Road Newport City NP20 2GW
3.You can call us on 01633 746100 or text your complaint to 07791856643 .
4.If you still feel we have not responded within the satisfied time scale then you can complain to the following
The formal steps outlined above must be completed in full before proceeding through this route.
You can contact the below if all the above fails 

The Property Redress Scheme 
0333 321 9418
info@theprs.co.uk 
https://www.theprs.co.uk
 info@theprs.co.uk

General Data Protection Regulation Guidance Notes for Landlords

Introduction


The General Data Protection Regulation, commonly known simply as the GDPR, represents a significant modernisation of data protection law and one that takes into account significant new developments in technology and new uses of personal data that simply did not exist at the time of the Data Protection Act 1998.


Landlords are "data controllers" of any information they hold about a tenant/resident or prospective tenant/resident. The GDPR places various obligations on data controllers, including a requirement to register with the Information Commissioner (ICO) and requirements relating to “data processing” (collecting, using, storing, altering, sharing data with someone else and destroying/deleting data).


The GDPR brings with it a number of changes and improvements to data protection law including:


  • Enhanced documentation and record-keeping requirements;
  • Enhanced privacy notice (or “fair processing notice”) requirements;
  • Stricter rules on consent to data processing;
  • A new mandatory requirement to notify the ICO (and data subjects in certain cases) of a data breach;
  • Enhanced rights for data subjects;
  • New obligations for data processors;
  • New rules requiring the appointment of Data Protection Officers; and
  • New, tougher penalties for failure to comply with the law.


In addition to these headline changes, the all-important definition of “personal data” – the key subject matter of all data protection law – has expanded considerably. Under the GDPR, personal data means: “any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.


The core principles of the GDPR set out the central responsibilities for organisations. Personal data shall be:


a) processed lawfully, fairly and in a transparent manner in relation to individuals;

b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;

c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;

e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and

f) processed in a manner that ensures appropriate security of the personal data, 



including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.


Under Article 5(2) of the GDPR “the controller shall be responsible for, and be able to demonstrate, compliance with the principles.”


Data Protection Audit


An essential starting point in complying with the GDPR, and being able to demonstrate that compliance, is a Data Audit. This will help the landlord to identify what data is held, why it is held and on what lawful basis. “Lawful basis” is explained below. The audit should also record what data is shared with third parties and the reason for the data sharing. The completed Data Audit can be used to form the basis of a landlord’s Privacy Notice (see below).

 

Lawful Basis for Processing


In order for the collection and processing of personal data to be lawful under the GDPR, the landlord must have a lawful basis for doing so. The GDPR specifies six conditions under which personal data processing will be deemed lawful. Four of these are relevant to landlords:


  • You have the consent of the data subject with respect to one or more specific purposes;
  • The processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract;
  • The processing is necessary for compliance with a legal obligation; and
  • The processing is necessary for the purposes of the legitimate interests pursued by the data controller (the landlord) unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, particularly where the data subject is a child.


Different conditions apply if the personal data in question is sensitive personal data or, “special categories of personal data” as it is known in the GDPR. The following conditions may be relevant to landlords:


  • You have the explicit consent of the data subject, unless reliance on such consent is prohibited by law;
  • The processing is necessary for carrying out obligations under employment law, social security or social protection law, or under a collective agreement;
  • The processing is necessary to protect the vital interests of the data subject or another person where the data subject is incapable, physically or legally, of giving consent;
  • The processing concerns sensitive personal data manifestly made public by the data subject; and
  • The processing is necessary for the establishment, exercise, or defence of legal claims, or where the courts are acting in their judicial capacity.


The standards of consent under the GDPR are strict; even more so where the data concerned is sensitive personal data. A key objective of the GDPR is to give data subjects more control over what happens to their personal data.


Under the GDPR, in order to be valid, consent must:


  • Be freely given;
  • Specifically state the controller’s name (i.e. the landlord), the purposes for which the



  • landlord requires the personal data, and the type(s) of processing undertaken;
  • Be requested prominently, separately from other terms and conditions, in a way that is user-friendly, easy-to-understand, and concise;
  • Be obvious, requiring a positive action to opt-in (meaning that pre-checked boxes and opt-out boxes should be avoided); and
  • Be expressly confirmed in words.


Consent under the GDPR must be unambiguous and involve some kind of clear affirmative action on the part of the data subject, moreover, consent mechanisms should comply with the following:


  • Consent should be separate from the tenancy agreement. It should also generally not be a precondition to signing up for a service;
  • If you use opt-in boxes to obtain consent, note that the GDPR expressly prohibits these from being pre-checked;
  • The GDPR requires “granular consent” for distinct data processing operations (i.e. separate consent for different purposes); and
  • Clear records must be kept in order to demonstrate consent.


It is also important to note that even once you have consent, data subjects are free to withdraw that consent at any time. You must inform data subjects of this right and provide easy means to exercise it. Moreover, there is no specific time limit for consent. How long it lasts will depend on the context in which it is provided.


Having obtained consent, ensure that you have in place a suitable system for recording that consent, including the identity of the data subject, how they consented, when, to what, and what information they were provided prior to giving that consent (for example, your privacy notice).


It is also important to remember the other bases for lawful processing as described above. If another criterion can be satisfied, it will not always be necessary to obtain consent. For example, a certain amount of personal data processing will be necessary for the management of the tenancy between a landlord and tenant.


Privacy Notice


Landlords must provide certain information to data subjects. This information will often be provided in your Privacy Notice. The information that must be provided will vary depending upon whether you have obtained the data from the data subject directly, or whether you have obtained it from a third party:

Landlords must provide certain information to data subjects. This information will often be provided in your Privacy Notice. The information that must be provided will vary depending upon whether you have obtained the data from the data subject directly, or whether you have obtained it from a third party:




This information should be provided at the time the personal data is obtained if it is being obtained directly from the data subject. If it is obtained from a third party, the information must be provided to the data subject within a reasonable time (not more than one month); when communicating with the data subject (if the data is being used to communicate with them); or, if the data is to be disclosed by you to another party, before that disclosure takes place.


The Right of Access


Data subjects have the right to access their personal data held by you along with supplementary information. In response to what is known as a Subject Access Request (“SAR”) you must provide confirmation that personal data is being processed; access to the personal data you hold on the data subject; and other supplementary information (in broad terms, the same information you would be expected to provide in a privacy statement).


Under the Data Protection Act, it was permissible to charge a fee for complying with SARs - usually £10 - however the GDPR requires SAR responses to be free of charge unless the request is “manifestly unfounded or excessive” in which case a “reasonable fee” can be charged. Further copies of the same information can also be charged for.


You should respond to SARs no later than one month after receipt. In the case of complex and numerous requests, this can be extended by up to two months.


The Right to Rectification


Personal data should be accurate and complete. If a data subject requests the rectification of any personal data you hold about them, this must be done within one month of their request. If the request is complex, this can be extended by up to two months.


If the personal data in question has been disclosed to any third parties, the data subject should be informed of this.


The Right to Erasure


This is also known as the “right to be forgotten”. It is not an unqualified right, but in broad terms, data subjects have the right to request the deletion or destruction of personal data unless there is a sound reason for its continued processing.


The most obvious way of exercising this right is for a data subject to withdraw their consent to your use of their personal data or object to you using it (and there is no overriding legitimate interest that justifies continuing). Other circumstances are:


  • When it is no longer necessary to hold the personal data with respect to the purpose for which it was originally collected and processed;
  • The personal data has been unlawfully processed; and
  • The personal data has to be erased to comply with a legal obligation;


There are some circumstances in which you may refuse to erase personal data. The circumstances that might be relevant to landlords are:


  • When exercising the human right to freedom of expression and information;
  • In order to comply with a legal obligation for the performance of a public interest task or the exercise of official authority; and
  • For the exercise or defence of legal claims.


If any personal data affected by a request for erasure has been disclosed to a third party, that third party must also be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).


The Right to Restrict Processing


If a data subject asserts this right, you may hold their personal data, but must not process it. In practice, this may require retaining sufficient information about the data subject so as to ensure that the restriction is respected, but no more.


The right to restrict processing applies in the following circumstances:


  • If a data subject has informed you that personal data you hold about them is inaccurate, processing of that data should be restricted until its accuracy is verified;
  • If a data subject objects to your processing of personal data and you are considering whether your business’s legitimate grounds for processing that data override the data subject’s interests (this applies only where the processing is necessary for the performance of a public interest task or based on legitimate interests);
  • Where the processing is unlawful but rather than erasure, the data subject requests restriction; or
  • Where you no longer require the personal data, but the data subject requires it to establish, exercise, or defend a legal claim.


If any personal data affected by such a restriction has been disclosed to a third party, that third party must also be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).


The Right to Data Portability


Data subjects, under the GDPR, have the right to obtain a copy of their personal data from a data controller in a commonly-used format and to have it transferred to a different data controller. This enables data subjects to easily re-use their personal data across different services. As with many other rights, however, this one is not unqualified. The right to data portability applies only:


  • To personal data provided directly by the data subject;
  • Where the personal data is being processed either with the data subject’s consent or for the performance of a contract; and
  • Where the processing of the personal data is carried out by automated means.


Landlords must respond to requests for data portability within one month. This can be extended by up to two months where the request is complex or if you receive a number of requests.


The Right to Object


Under the GDPR, data subjects have the right to object to certain uses of their personal data and must be informed of the right clearly, explicitly, and separately from other information. If the data processing is based on the landlord’s legitimate interests data processing must stop unless you can demonstrate compelling legitimate grounds to continue which override the interests, rights, and freedoms of the data subject. Alternatively you may continue if the processing is necessary for the establishment, exercise, or defence of legal claims.


Sharing of Personal Data 


Landlords may need to share personal data with a range of third parties, such as solicitors, utility companies and contractors who provide services to a property. These third parties will be data processors.


Landlords, as data controllers, should have a written data processing agreement with any third party data processors. However, many of the third parties with whom landlords share data will themselves be data controllers, so an agreement may not be appropriate. If a data processing agreement is required (it may, e.g. be required where the data processor is a self-employed tradesperson) it needs to cover the following:


  • The subject matter and the duration of the processing;
  • The nature of the processing and its purpose;
  • The type of personal data to be processed and the categories of data subject; and
  • The rights and obligations of the data controller.


As a guide, contracts between data controllers and data processors should contain the following requirements:


  • The processor acts only on the written instructions of the controller (unless required by law to act without);
  • The processor ensures that people processing the personal data are subject to duties of confidentiality;
  • The processor takes suitable measures to ensure that the data is processed securely;
  • The processor may not engage a sub-contractor without the controller’s written consent, and then not without a written contract in place with the sub-contractor;
  • The processor must assist the controller, where necessary, in handling SARs and otherwise allowing data subjects to exercise their GDPR rights;
  • The processor must assist the controller in meeting its obligations under the GDPR with respect to security, PIAs, and the notification of data breaches;
  • At the end of the contract, the processor must delete and/or return (as requested) all personal data; and
  • The processor must comply with all audits and inspections that the controller may carry out, provide the controller with any and all information required to ensure that both parties are meeting their obligations under the GDPR, and inform the controller immediately if the processor is asked to do anything that infringes the GDPR or other data protection laws (whether EU or national).


Data Retention and Deletion


Personal data must be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is collected and processed. 


Data relating to a prospective tenant who does not become an actual tenant should be retained for one year. Information relation to tenants should retained for seven years from the end of the tenancy (i.e. the six year limitation period plus an extra year to allow for a claim to be notified).


Residential Landlord Health and Safety Policy

04/05/2019



  1. Introduction
  1. This Health & Safety Policy is written for Mohammed Athar Rashid T/A property trader nts letting and sales  and applies to all residential properties owned by the Landlord.
  2. The Landlord recognises and accepts its legal responsibilities to all its tenants under the Health and Safety at Work etc. Act 1974, the Housing Act 2004, the Housing Health and Safety Rating System, the Homes (Fitness for Human Habitation) Act 2018 and other legislation. 


  1. General Principles

The Landlord will ensure that:

  1. at the beginning of any tenancy the rented demise is free from hazards that might be detrimental to the tenants’ health or safety;
  2. any common/shared areas such as stairs, hallways, car parks, bin stores etc. are properly maintained so as not to cause hazards to the safety of the tenants or other building users; 
  3. at the beginning of the tenancy, and throughout the tenancy, the rented demise and any common/shared areas within the Landlord’s control are fit for human habitation as defined in the Homes (Fitness for Human Habitation) Act 2018; 
  4. they will use reasonable endeavours to ensure that the owner of any common/shared areas used by the rented demise (which are not in the Landlord’s control) put and keep any common/shared areas fit for human habitation as defined in the Homes (Fitness for Human Habitation) Act 2018; and
  5. all furnishings supplied by the Landlord will meet current fire safety standards as per the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended).


  1. Utilities – Gas and Electricity

The Landlord will ensure that:

  1. all gas equipment supplied by the Landlord, whether it is mains or LPG, is installed and maintained by a Gas Safe registered engineer;
  2. a Gas Safe registered engineer carries out an annual gas safety check on each appliance and its flue;
  3. every new tenant is given a copy of the gas safety check record before they move in;
  4. tenants are given a copy of any new gas safety check record within 28 days of a check;
  5. the fixed electrical system e.g. sockets and light fittings are tested at intervals no longer than five years by a Competent Person (currently 18th Edition NICEIC);
  6. all Residual Current Devices (RCD) will be checked before each new letting; and
  7. the appliances supplied by the Landlord e.g. cookers, fridges, washing machines etc. are checked before every new letting for damage to casings or leads.

  1. Fire Safety

The Landlord will ensure that:

  1. a Fire Risk Assessment (FRA) is carried out regularly by a competent person;
  2. all escape routes are clearly marked;
  3. emergency lighting is installed as per the FRA;
  4. smoke detectors/alarms are installed on every floor and, where relevant, a carbon monoxide alarm is installed in any room containing a solid fuel burning appliance (e.g. a coal fire, wood burning stove) in compliance with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015; 
  5. the alarms are tested before every new tenancy, and annually during longer tenancies; and 
  6. in respect of any common/shared areas within the Landlord’s control (which are used by one or more occupants), the Landlord will comply with its obligations under the Regulatory Reform (Fire Safety) Order 2005, which shall include: 
  1. the carrying out of a fire risk assessment of the common/shared areas which shall be kept under review; and
  2. ensure that the common/shared areas, any fire safety equipment and emergency routes and exits are properly maintained and kept in working order.


  1. Water Safety (Legionella)

The Landlord will ensure:

  1. flushing out the system prior to letting the property if it has been vacant for any length of time;
  2. avoiding debris getting into the system (e.g. ensure the cold water tanks, where fitted, have a tight fitting lid);
  3. setting control parameters (e.g. setting the temperature of the hot water cylinder (calorifier) to ensure water is stored at 60°C); and
  4. ensure any redundant pipe-work is removed to prevent water stagnating.

  

This policy will be reviewed annually or when there is a change in legislation.


Landlord Name:

Mohammed Athar Rashid T/A  Property Trader Nts Letting And Sales 



Date:


12/07/2019





 Gdpr Privacy Notice to landlord

Data controller: Mohammed Athar Rashid T/A Property Trader Nts Letting & Sales

Introduction

Mohammed Athar Rashid T/A Property Trader Nts Letting & Sales is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you.

Mohammed Athar Rashid T/A Property Trader Nts Letting & Sales collects, stores and processes personal data relating to landlords and prospective landlords, in order to provide.

a lettings service to find a tenant and set up the tenancy;

a lettings service to find a tenant and set up the tenancy (including a deposit holding service);

a lettings service to find a tenant and set up the tenancy and provide a rent collection service; and

a fully managed property service.  

a tenant find service 

a rent collection service 

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.

Data Protection Principles

The Agent will comply with data protection law. 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. If you are already a client, some of the points below may not be relevant to you. This includes:

Identity and personal contact details, such as your name, title, address, email address, telephone number;

Bank account details;

Proof of ownership; 

Accounting records; 

Letting and management records; 

Insurance information; 

Licence applications; 

Details of mortgages; 

Lender restrictions; 

Tenancy deposit information (if any);

Repair and health and safety records;

Breach of tenancy terms/complaints;

Council Tax and utilities records;

Notices and correspondence regarding termination of tenancy;

CCTV and audio recordings (if any); 

General correspondence in all formats (letters, emails, text messages etc); and

Data sent from web browser to the Agent’s server (including pages visited and time and date and duration on the Agent’s server). 

The Agent collects this information in a variety of ways. For example, data is collected from you at the beginning of the process, and throughout our period of instruction.  The Agent also generates its own records.

In some cases, the Agent may collect personal data about you from third parties, such as:

Other tenants, residents or neighbours;

Guarantors;

Local authorities;

The police or other law enforcement agencies;

Department for Work and Pensions; 

Utility companies or service providers;

Other 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).

Why does the Agent process personal data?

The Agent needs to process data to perform the terms of our lettings service as agreed between you and the Agent. 

In addition, the Agent needs to process data to ensure that we are complying with our legal obligations, for example, sharing personal information with a deposit scheme by which any deposit is protected. 

In other cases, the Agent has a legitimate interest in processing personal data before, during and after our period of instruction. 

Situations in which we will use your personal information 

Situations in which we will process your personal information are listed below< >:

To enter into a tenancy agreement;

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 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 you (where appropriate);

To handle tenancy termination;

To handle complaints;

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 take payment for the services provided by the Agent;

To perform our terms of business with you; 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 provide its lettings services. 

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.

Use of sensitive personal information

Some special categories of personal data are processed to comply with legal obligations (for example, in relation to health and safety purposes). 

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 three years. The period for which your data is held is 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 < >.

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);

Debt collectors and tracing services;

Local authorities and government/public bodies;

Ombudsman/redress schemes;

Professional body/regulator;

Courts/Tribunals;

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;

Guarantors;

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 – give details.

[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 our period of instruction.

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 Property Manager, Mohammed Athar Rashid.

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.

I acknowledge receipt of the Agent’s GDPR Privacy Notice to Landlord and confirm that I have read and understood it