Data Audit Example - Odt

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DATA AUDIT FOR LANDLORDS

Name of Landlord/s: ___________________________________________________________

Important Notes
 This is an audit checklist to help you identify what personal data you hold about your tenants and how you
handle this data. You need to review the way you personally work because no two rental businesses are the
same. Although we have set out what a typical landlord may do it is essential that you customise this to
reflect the way in which you operate. You may well need to add additional items of data and/or ways in
which you handle this data to make sure that all aspects of your operations are fully covered. You may not
necessarily collect some of the items listed.
 This audit checklist is the starting point for you to prepare a privacy notice telling your tenants (and
potential tenants) and guarantors (if any) what you do with the data you collect from them and the legal
gateway you rely on. This does not mean you will use everything listed in all cases. However, experience will
tell you what you information you have to use from time to time. You should carry out your audit based on
what you could need to use. The NRLA provides an example privacy notice to help you do this.
 The NRLA also provides a tenancy application form to enable you to collect appropriate information from
prospective tenants and this data audit assumes that you collect this information.
 You must read the accompanying guidance notes before you start to complete this checklist as it explains
your responsibilities relating to privacy notices in detail.
 References to correspondence include emails, text messages, social media messaging etc.,
 If you do not process a particular category of data or there are additional items of information which you
use then they should be deleted or added to the privacy notice as required.
 If you do not take guarantors please disregard any references to guarantors or guarantees.

What data do you collect/handle?


Identity and contact details for tenants/residents Do you collect/handle this information?
Name:
Contact addresses (including email address):
Telephone numbers:
Date of Birth:
National Insurance Number:
Car registration numbers for tenants/residents

Personal details and background Do you collect/handle this information?


Details about present property:
Details of current landlord (if any):
Current status (e.g. employed/student):
Details of employer/University/College or Accountant (if self-
employed):
Details of any benefits received:
Details of other persons who will occupy the property:
Details of bankruptcy/court judgment:
Next of kin:
Any pets which will live at the property:
Personal referee:
Photographs from tenants:

Bank Details Do you collect/handle this information?


Bank/Building Society information

Verification and credit status Do you collect/handle this information?


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Previous Bank Statements:
Credit check:
Tenant references:

Tenancy details Do you collect/handle this information?


Address of property:
Length of tenancy:
Start date of tenancy:
Rent payable:
Renewals:

Joint tenants and other residents Do you collect/handle this information?


Details of any joint tenants, including contact details:
Details of any other residents linked to the tenancy and contact
details:

Deposits Do you collect/handle this information?


Amount of deposit paid:
Name and address and amount of deposit paid by any third party:
Tenancy deposit prescribed information:
Notification/correspondence with tenancy deposit scheme regarding
taking and holding
Deposits:

Guarantors Do you collect/handle this information?


Name of Guarantor/s:
Address of Guarantor/s:
Contact addresses for Guarantor/s (including email addresses):
Telephone numbers for Guarantor/s:
Status details for Guarantor/s including employment details:
Address of any property owned by Guarantor/s:
Proof of ownership, e.g. Land Registry Entries:

Immigration/Right to rent checks/including verification – Do you collect/handle this information?


prospective tenants and adult residents (England only)
Copy of passport
Copy of driving licence/copy birth certificate:
Copy of other right to rent check documentation:
Nationality of tenant:
Passport/driving licence details including expiry date, reference
number and issuing
authority:

Rent and payment etc., Collection Do you collect/handle this information?


Rent records for payments due and receipts:
Banks Statements/records relating to rental receipts:
Records relating to collection of administration fees:
Collection of utility costs (by you e.g. where you collect a share of
common metering):

Charges for water collected by you: Do you collect/handle this information?


Collection of service charges (if any):
Details of rent insurance (if any):
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Recovery of arrears, claims or possession proceedings Do you collect/handle this information?
Details of steps taken to recover unpaid amounts or possession:
Repairs/housing standards/health and safety
Record of repair requests (including furniture provision repair and
replacement
where applicable):
Fire risk assessment (where applicable) or other risk assessment:
Gas safety checks:

Breach of tenancy agreement/nuisance etc Do you collect/handle this information?


Steps (including correspondence) to collect unpaid rent/arrears:
Complaints about nuisance/annoyance from other
tenants/neighbours/third parties like the police
Correspondence with others relating to enforcement, e.g. with debt
collection agencies or solicitors.

Council Tax liability Do you collect/handle this information?


Notifications to/correspondence with local authority regarding
Council Tax:

Water charge payments Do you collect/handle this information?


Notifications to water companies/Landlord Tap (online water
notification portal):
Water meter readings:

Utilities and other service providers Do you collect/handle this information?


Notification/correspondence with utility providers, e.g. electric and
water LPG:
Notification/correspondence with provider if utilities are included
within the rent:
Meter readings:
Notification/correspondence with broadband supplier:
Notification/correspondence relating to Cable t.v.
Notice and correspondence relating to satellite t.v.

Universal Credit/housing benefits/local housing allowance Do you collect/handle this information?


Notifications to/correspondence with Department for Work and
Pensions (DWP) and/or local authorities:
Notification/correspondence of any benefits paid direct:
Payment schedules for benefit paid direct:

Complaints Do you collect/handle this information?


Records/details of complaints received from tenants under complaints
procedure:

C.C.T.V. and audio Do you collect/handle this information?


C.C.T.V. recordings:
Audio recordings, e.g. mobile phones or answer machines:
Tenancy termination Do you collect/handle this information?
Requests/Notices served:
References given to new prospective landlords:

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Notification to tenancy deposit scheme/correspondence relating to
release of deposit:
Notification/correspondence relating to tenancy deposit disputes:
Details of tenant’s belongings left behind/Correspondence relating to
return of belongings left behind:

Health, disability etc. (This is sensitive/special category data) Do you collect/handle this information?
Information about tenant disabilities:
Information about tenant health/disability:
Requests for adaptations (disability discrimination legislation):

Correspondence etc Do you collect/handle this information?


Emails, texts and other communications from whatever source:

Children Yes/No
Does any of the information you collect identify children?

What do you do with data?


You need to consider why you collect and use each category of information. This includes information you generate
yourself, e.g. records of payments you create. Depending on the type of information this will include:-
Reason for holding the information Yes/No
Deciding on the suitability of a proposed tenant/resident
Verifying the credit worthiness/suitability of tenants/residents
Checking immigration status/right to rent
Dealing with joint tenants and residents who are linked to the tenancy
Completing the tenancy agreement
Securing rental payments/performance of tenant obligations, e.g. deposits and guarantors
Rent collection and collection of other payments including banking details
Managing the tenancy and the property
Record keeping
Arranging repairs and maintaining the condition of the property and keeping it in a safe condition
Monitoring and enforcement of tenant responsibilities
Recovering debts and other payments due, including any possession proceedings
Liability for Council Tax
Payment of water charges
Arranging and paying for utilities and other services
Welfare benefits (including Universal Credit and housing benefit) where payable in respect of the rent
Tenancy termination and the return of any deposit
Processing complaints
Health and disability issues relating to tenants/residents
Audio and cctv recordings
Providing information to public and local authorities who are legally entitled to require this
information.
Contacting next of kin etc., in an emergency
Storage of emails, records of calls and other communications
If the tenant exercises their rights under data protection law
Compliance with legal and regulatory requirements
Establishment and defence of legal rights
Prevention, detection and investigation of crime and anti social behaviour including website security,
security of electronic communications

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Other- list out any other purposes you use the information for –

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Who do you share data with?

You next need to consider who you may share information relating to any tenant/resident or prospective
tenant/resident with where appropriate. Depending on the type of information and circumstances you take you
may share the information with -

Third parties that personal data may be shared with Yes/No


Contractors and tradespeople to carry out your tenancy obligations/provide services
Professional and similar advisers, including solicitors, accountants and advice
agencies for them to act on your behalf/advise you.
Existing or previous landlords or a former or present employer or prospective landlords
regarding references.
Credit referencing agencies and debt collectors/tracing services when the landlord proposes to
enter into a tenancy and in the event of there being rent or other money due to us.
Regulatory bodies such as local authorities, public and government bodies, any ombudsman or
redress scheme or accreditation or similar scheme of which the landlord is a member in
connection with their regulatory functions.
Courts (including Tribunals) to comply with legal obligations and for the administration of
justice.
Police or other law enforcement agencies.
Website host/provider/Cloud storage providers such as Google, Microsoft or Dropbox for email
or file hosting.
Banks or other financial organisations particularly where the property is subject to a
mortgage/loan.
Letting and managing agents.
Next of kin, relatives etc., in the event of an emergency where we are unable to communicate
with you.
Joint tenants and other residents.
Any guarantors
Any adjudicator or body administering any tenancy deposit scheme protecting the deposit.
A benefit authority (Department of Work and Pensions or local authority) relating to Universal
Credit or other benefits or housing benefits or Council Tax if you were to sell .
A taxation authority such as H M Revenue and Customs or local authority in respect of Council
Tax.
Prospective purchaser of the property.

Other – please identify and specify –

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Information obtained by you from a third party

Additionally, you need to consider from whom you may collect information regarding any tenant or
resident/prospective tenant or resident. This could include any of the above and in addition any neighbours/ other
tenant/owner or resident.

Third parties who supply you with personal data Yes/No


Neighbour/other tenants/residents.
Letting agent/managing agent.
Online real estate portals such as Rightmove, OpenRent or Gumtree.
Insurance provider.
Local Authority.

Other – please specify –

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