There are changes due to the property rental market in 2025. Its almost certain that these changes will be taking place by summer this year and will take effect as soon as the new laws come in force.
I have included a link to the Renters Rights Bill. Here is a summary of areas of the bill to consider:
The changes are to create a safe, fair, transparent system. Strengthening tenant protection, improve accountability.
Below is a summary of the bill and whats in store for the industry
Tenant Discrimination
Rental agreements will change
Tenant Security
Tenant references
Ban on taking rent in advance
Changes to rent reviews / rent increases
Abolition of Section 21
Changes in giving tenants notice for possession
Landlord responsibilities
Deposit protection
PRS Ombudsman for landlords
Rent repayment orders
Decent Homes standards
Awaabs Law
PRS property database
Lets explore more..
Its important to note that the new legislation will come into force as soon as it is in effect .
The Bill will remove no fault evictions and remove the Section 21.
There will be changes to the Section 8 with the expansion on both mandatory and discretionary grounds.
Landlords can only use a section 13 for rent increases
The AST will no longer be used – This will be replaced with the Assured periodic Tenancy
Tenants can give notice any time in line with their rental due date
Tenants have the legal right to a pet, landlords must give a time frame to answer and supply a reason for not wanting a pet.
All landlords must carry out thorough tenant referencing to fulfill insurance requirements. Including Right to Rent Checks .
All landlords must register with the property ombudsman- Regardless if they have an agent or not.
All landlords will need to register with the PRS database, we will explore issues by not registering .
New Tenancy
The new tenancy will be a Assured Periodic Tenancy – which cant be fixed greater than 1 month.
The rent in advance cannot be taken for more than 1 month and not collected before a tenancy is signed for.
The new bill will take effect after your next rent payment. All fixed term contracts will end as soon as the bill takes affect.
Any rent in advance collected before the bill , does not need to be paid back to the tenant. However when their next rent is due. They will automatically revert to the new rules.
The process for securing a new tenancy will change in order to secure the tenancy and remain compliant with the new rules.
The tenants must have a written agreement, which they view prior to signing
Landlords must inform all tenants of the changes 1 month after the bill takes place
Written tenancies don’t need to be renewed, but the landlord has 1 month to inform the tenant of any changes or new guidance.
Rent Increases
Rent review clauses / rent reviews will be void
To increase the rent a Section 13 must be used at all times
Notice for rent increase is 2 months
You can increase the rent once a yr and inline with the market base rate
Tenants can challenge the increase by property tribunal at any time before the increase is due to take place.
The rent increase will then take place after the tribunal has been heard.
A tribunal can reject a Section 13 if filled in incorrectly.
Council Tax
Under new legislation tenants are responsible for Council tax until their notice period ends regardless of when they move out.
Notices- Possession
Tenants can give notice anytime inline with their rent due dates ( the period is 2 Months Notice)
Tenants can give notice in written form. This can be seen as served even if it is by whats app, email, text as well as letter.
If a tenant is in a joint tenancy, and they serve notice the whole contract comes to and end. It effects everyone in the tenancy.
Notice can only be retracted if landlord & tenant consent
If a Section 21 has already been served . The landlord must initiate a court claim asap. Within 3 months of the bill to be able to seek possession by section 21.
Landlord cant gain possession if they are not registered with the PRS ombudsman
landlord cant gain possession if they are not registered wit the PRS data base
PETS
Landlords can decline a pet request on individual circumstances, if the tenant feels it is unfair they can escalate through the PRS ombudsman & courts.
Approval of pets – landlords have 28 days to respond either approve or deny.
Tenants can obtain pet insurance or cover landlords cost of the pet insurance.
Discrimination
landlords are unable to discriminate against tenants on benefits or with families
landlords cant stop a tenant from inquiring, receiving information or applying for the property if they are on benefits.
landlords must still assess the tenant on affordability and suitability without review
referencing and affordability checks must be carried out.
Tenant affordability must be 3 times the rent and they spend no more than 30% on their housing costs.
Insurances, mortgages, superior leases are unable to discriminate also
Bidding wars – Negotiation
Landlords cant take more than the asking price
Landlords must state how much the rent is and terms of payment in their adverts, this must be clear
Prices must be fair and inline with the current market
Tenants can challenge the rent in a tribunal
Local authority will fine up to 7k for taking more rent than advertised
Guarantors
The guarantor needs to be aware of their responsibility before signing.
The guarantor will be liable for the whole duration of the tenancy ( full lifetime)
A review of your guarantor agreement must be made. A deed of Guarantee will still be valid after the bill because it covers the life time of the tenancy.
When a tenant dies the Guarantor responsibility ends the date the tenant passes
Rent to Rent
Rent repayment orders have been expanded to enforce landlords and their agents
Now a landlord is responsible for their rent to rent operators actions
Any violations by the rent to rent operator the superior landlord will be accountable for
Removal of vacant possession when the Rent to Rent term ends.
When a rent to rent term ends with vacant possession ( this now has to end with grounds for possession)
A superior landlord will be liable to pay a rent repayment order even if they didn’t receive any rent or violate any conditions.
Rent Repayment
Tenants can apply to first tier tribunal for rent repayment
Tenants can receive up to 2 years of rent paid back
There has been an expansion to the offences when rent repayment order will take affect
Knowingly and recklessly using a possession ground
Letting / marketing a property during restricted periods
Breaching redress scheme requirement
Breach of new tenancy rules
Failure to offer written terms
Offering a fixed term greater than 1 month
trying to end a tenancy orally
Providing false info to the PRS database
Breaching the PRS database requirements
Deposit Protection
The court can only grant a possession if the deposit was adequately protected
The tenant must have had the prescribed information and certificate within the time limits
Protection of the deposit and required certificate and information issued to tenant within 30days
Courts will allow landlords who failed to protect the deposit to gain possession, however the landlord will be fined for not following the rules but still has right to apply for possession once the correction is made.
Changes in Grounds
Tenants must be in 3 months arrears ( 13 weeks) to use the arrears grounds 8,10,11
Notice period has increased to 4 weeks from the original 2 weeks
delays in Universal credit cant be included in the arrears when making calculations
Ground 7a + 14 for anti social behavior is a immediate notice. However agents of HMO must have evidence collected from all tenants to be able to gain possession. Court cant grant possession earlier than 14 days from the notice date. Evidence is the main key to this. Strict evidence collecting must be adhered to.
Student tenancies
Student household considered , 3 tenants from 2 or more households.
Not valid on a 1 bed or 2 bed house
landlords must give prior notice 1 month before the tenancy begins . 1 month before commencement for existing tenants
The student test is all tenants must be full time students or expect to be when the tenancy starts.
Possession can only be sought between 1st June – 30th September if re let to another group.
landlords cant agree tenancies 6 months before the start date
New standards / enforcement
Decent Homes standard
Awaab s Law
PRS Ombudsman
PRS Database
Decent Homes Standards
A set of minimum standards to ensure the property is safe, has basic amenities, adequate heating , hot water , is free from hazards
The home must be in reasonable state of repair- well maintained , major elements, roof, windows and plumbing and electrics all in good order
Homes should be modern with modern facilities, adequate space and ventilation
Free from hazards, damp and mould and unsafe living
A minor offence, the local authority can issue a £7k fine.
repeated offences or non compliance fines can be up to £40K
Awaab law
Legislation named after a 2 year old that died in social housing home that was full of damp mould
This law is to give tenants better protection
Protection from unsafe living
Better response times to issues
Stronger legal rights
Empowering tenants to challenge unsafe living
Applies to all tenancies and complaints with regards to any issues are made to the PRS ombudsman.
Ombudsman will help with rectifying the issue as well as compensation to the tenant
Landlords have14 days to investigate damp
Written report 14 days with a solution for the damp
Within 7 days the repair work must take place.
Mould spours in properties must be cleaned within 24 hours , whilst investigations are taking place.
Landlords Ombudsman
All landlords will be required to join the Property Ombudsman scheme and a yearly charge for this will apply
All Agents must check the landlord is a member of the scheme. Agents will risk fines for not checking the landlord is a member of the Ombudsman scheme.
Agents advertising properties without the confirmation that the landlord is a member will also risk fines
landlords letting a property without membership will risk a £7k fine
Tenants can complain via agents or landlords ombudsman scheme
Both will need to be members
If landlords have properties in companies / their own then both will need to be covered
PRS Database
All landlords must be registered on the PRS register
Landlords with companies or properties in personal name must be registered
Registration required for every legal entity
Even when using an agent
Agents are at risk of fines if landlords are not registered
Landlords cant serve notice on a tenant if not a member of the PRS database
Civil penalties for landlords that don’t apply
Councils will have extra powers to enter a property without warrant if they suspect that its not included in the database
Agents must have proof the landlord is on the database before marketing
Click the icon below to find the Renters Rights Bill
Landlord responsibilities Damp / Mould and condensation
Awaab’s Law was created to prevent future tragedies like the death of Awaab Ishak, a two-year-old boy who died from mold exposure in 2020.
The law focuses on damp and mold, but will eventually apply to other hazards like structural and electrical issues. Key requirements.
• Landlords must investigate reported hazards within 14 days.
• Landlords must provide a written report within 14 days that includes a solution and a time frame for remediation.
• Repair work must start within 7 days if the hazard is a significant risk to health or safety.
• Social housing landlords must offer alternative accommodation if repairs cannot be completed on time.
• Landlords must keep a record of all correspondence between residents and contractors
Guidance Notes: Tenant Fees Act 2019 for Landlords
Guidance Notes: Tenant Fees Act 2019 for Landlords
Introduction
The Tenant Fees Act 2019 (‘the Act’) comes into force on 01 June 2019 and applies to England only. The aim of the Act is to reduce the “hidden” costs that a tenant can face at the start of its tenancy.
Landlords and letting agents in England will now be prohibited from charging certain fees to a tenant and security deposits are to be capped. Holding deposits are also to be capped and must be fully refunded within strict time frames except in limited circumstances. Landlords and letting agents can face financial penalties for non-compliance and for repeat offences, they could be found guilty of a criminal offence.
Landlords or letting agents on their behalf, will not be able to evict a tenant using the section 21 eviction procedure to regain possession of their property until they have repaid any unlawfully charged fees or returned an unlawfully retained holding deposit.
This Act is part of the Government’s drive to make renting fairer and more affordable, improve transparency and affordability in England’s residential lettings market.
This Guidance summarises the key provisions of the Act; which payments can be charged to a tenant and which are prohibited, the treatment of holding and security deposits, which tenancies are affected and the penalties for non-compliance.
The Renting Homes (Fees etc.) (Wales) Act 2019 has similar provisions to the Tenant Fees Act 2019 which apply to landlords and letting agents in Wales. Please see our separate Guidance Note: Renting Homes (Fees etc.) (Wales) Act 2019 for further information on the regime in Wales.
Which tenancies are affected?
This Act applies to the following tenancies in England:
Assured shorthold tenancies (excluding ASTs of social housing);
Licence to occupy (excluding licence to occupy social housing); and
Student lettings.
Any new or renewed tenancies and licences granted on or after 01 June 2019 will be affected. If you granted a tenancy or licence before the 01 June 2019, you will be able to charge fees which may be prohibited under the Act until 31 May 2020, after which all tenancies and licences (listed above) will be caught by the Act.
For the avoidance of doubt, contractual tenancies, long leases (more than 21 years) and company lets are not caught by the Act.
What payments are permitted under the Act?
A tenant can be charged:
Rent;
A refundable tenancy deposit (capped at five weeks’ rent if the yearly rent is less than £50,000 or capped at six weeks’ rent if the yearly rent is £50,000 or more);
A refundable holding deposit (capped at no more than one week’s rent);
The following ‘default’ fees, which must be written into the tenancy agreement:
Payments in the event of default for a lost key or security device only if such payments are reasonable and a landlord or letting agent on their behalf must be able to produce written evidence of the reasonable and properly incurred costs; and
Interest for late payment of rent (if the rent is unpaid for more than 14 days). The rate of interest must not exceed the rate of 3% above the Bank of England base rate.
Letting agents must publicise these default fees on their website and in their offices.
Utilities/Communication services/TV Licence/Council Tax (landlords or letting agents on their behalf must only charge the billed amount);
£50 fee for the landlord’s consent for a variation, assignment or novation of a tenancy agreement which is requested by the tenant (excluding renewals or varying the term of the tenancy). A landlord may be able to charge more if such costs are reasonable and have been properly incurred and written evidence (invoice or receipt) is produced to the tenant; and
An early termination fee (in the event the tenant wishes to terminate early but not where the tenant is exercising a break clause). The termination fee must reflect the actual loss suffered by the landlord (for example, loss of rent the landlord would have received) or as a letting agent (referencing and marketing costs).
What payments are prohibited?
Landlords or letting agents on their behalf are prohibited from charging tenants any fees which are not permitted payments (described above).
Letting fees cannot be passed on to a tenant and must be fronted entirely by the landlord. Letting fees include:
Viewing fees;
Preparation of contracts;
Inventories;
Referencing;
Credit checks; and
Key collection
Landlords cannot charge a tenant for gardening or professional cleaning services (unless this is included in the rent);
Landlords cannot charge a higher deposit for pets (unless the total security deposit does not exceed the relevant cap);
The amount of a security and/or holding deposit which exceeds the caps referred to above will be a prohibited payment;
Renewal fees for a renewal of the tenancy agreement;
Payments in the event of default (unless they are permitted payments), for example a fixed penalty charge for a missed appointment with a contractor; and
Landlords or letting agents on their behalf are prohibited from charging increased rents for an initial period to offset the payments which are prohibited under the Act.
For the avoidance of doubt, the Act does not affect any entitlement to recover damages for breach of contract, either by way of a deduction from the tenancy deposit or court action.
Security Deposits
Tenancy deposits to secure the tenant’s obligations under a tenancy must be capped at five weeks’ rent if the yearly rent is less than £50,000 or capped at six weeks’ rent if the yearly rent is £50,000 or more.
The weekly rent is worked out as the annual figure divided by 52.
Security deposits for tenancies entered into before the 01 June 2019 will not be affected but note landlords will need to refund to a tenant the excess deposit which exceeds the cap for a fixed term renewal made on or after 01 June 2019.
Holding Deposits
A holding deposit is usually charged to a tenant to secure a property prior to signing the tenancy agreement. You can still charge a holding deposit, but you must not charge more than one week’s rent and you must not charge more than one holding deposit for one property at any one time. It is best practice to enter into a Holding Deposit Agreement with the prospective tenant so that clear information is given to the prospective tenant about when the deposit is to be repaid or retained.
There are strict timeframes for repayment of the holding deposit. Under the Act, the holding deposit must be refunded within 7 calendar days of the tenancy being entered into (although there is provision for the holding deposit to be applied to the first instalment of rent or towards any permitted security deposit subject to the consent of the tenant).
If the landlord and tenant fail to enter into a tenancy agreement within 15 days unless of receipt of the holding deposit paid by the tenant (‘the Deadline for Agreement’) (unless otherwise agreed), the landlord must repay the holding deposit to the tenant within 7 days of the Deadline for Agreement.
A holding deposit can be retained but only in limited circumstances, for example, where a prospective tenant provides misleading or false information or if the tenant withdraws and the landlord or agent has acted reasonably.
Prohibited Arrangements
Neither a landlord or a letting agent can require a tenant to make a prohibited payment to a third party or enter into a contract with a third party (other than for the supply of utilities) or require a tenant to make a loan in connection with the tenancy. For example, you cannot require a tenant to pay a third party that provides a service such as reference checks or credit checks.
Amendments to the Consumer Rights Act 2015
The Act amends the Consumer Rights Act 2015 requiring letting agents who advertise on third party sites (such as Zoopla or Rightmove) to either publicise their fees on these sites or ensure there is a link on these sites to the agent’s website where the fee list is published.
What are the penalties and consequences for non-compliance?
A term in a tenancy agreement which is caught by the Act and which seeks to impose a prohibited payment on the tenant will be void and the tenant will not be required to pay this sum under the agreement.
If a landlord or letting agent asks for a prohibited payment in error, the payment must be fully refunded to the tenant within 28 days.
The local Trading Standards Office or District Council (if the local authority is not a Trading Standard authority) will be the enforcing authority. Landlords and letting agents can be subject to a fine of up to £5,000 for a first offence. If a further offence is made within five years of the first, this will be a criminal offence and a landlord or letting agent could be liable for an unlimited fine. Some local authorities may impose a financial penalty of up to £30,000 as an alternative to prosecution.
If a landlord or letting agent is convicted of an offence, this will result in a ‘banning order’ (under the Housing and Planning Act 2016) and it will be up to the relevant local authority as to whether a landlord or letting agent is added to the database of rogue landlords and property agents.
Landlords or letting agents will not be able to evict a tenant using the section 21 eviction procedure to regain possession of their property until they have repaid any unlawfully charged fees or returned an unlawfully retained holding deposit.
Practical Steps for Landlords/Letting Agents to take:
Landlords and letting agents must ensure that they are complying with the Act and have in place all the necessary checks prior to the grant of a new tenancy;
Landlords and letting agents must ensure their current tenancy agreements and holding deposit forms are fit for purpose.
Landlords and letting agents must ensure they keep accurate records and evidence of any payments that a tenant is required to make which may be referred to in the following:
Tenancy agreement;
Receipts and invoices;
Bank statements;
Correspondence; and
Other paperwork.
Letting agents must publish their fees on third-party letting sites or provide a link to their fee list on the third-party letting site.
Compliance
Compliance
Please find our guide to compliance in , this will be adjusted and amended in line with pending changes
The Rooms to let staff take regular CPD each year to stay up to date with new legislation and changes.
Consents
o Did you receive permission from your mortgage company to let the property ?
o Do you have the adequate landlord insurance?
o Did you get permission from the leaseholder if the property is a leasehold?
o Are you registered with the ICO for Data Protection?
o Do you need an selective, additional or HMO licence ?
o Have you supplied all details on the property including all information that is required under material information ?
o Do you have a floor plan
Health And Safety
All furniture complies Fire and Furnishing Regulations
Smoke Alarms on every floor
Carbon Monoxide every floor
Carbon monoxide located by Solid appliances
Gas safety record by qualified gas safety engineer
EICR Electric safety record by qualified gas engineer
PAT test
EPC rated E or above (MEES)
Fitness for Human Habitation ACT- HHSRS
Legionnaires Rik Assessment
The property has no issues of damp / condensation- landlord aware of Awaab law, should any start / be apparent during the tenancy
Safety and security of the property attended to and thumb turn locks added to all exit escape doors
Landlord thermostat in shared houses to prevent extreme heat or excess cold
Property checked for extreme heat/ cold
Tenancy compliance
Full references
Right to rent checks on all over 18
Checked all children are under 18 for Right to Rent
Make sure Not to Discriminate with Right to rent all tenants apply
GDPR protection for all IDS and tenant info
Prescribed deposit information to tenants in 30days
Deposit certificate to tenant in 30 days
Gas, elec, epc and other relevant certs to be issued to tenant on signing
EPC available to tenant prior to securing a tenancy
Correct version of the Right to rent
Any licences must be issued to the tenant on signing
Tenancy agreement should be clear on terms, length , price and obligations
Proof the tenant read the agreement prior to the signing
Tenancy to be signed by all parties
Guarantor is referenced
Guarantor is fully aware of the tenancy length , terms and their obligations
Tenancy was executed
Inventory with photos issued
Tenancy beginning
Each tenant has all copies of signed agreements
Confirmed bank details & how tenants pay issued
Tenants signed the inventory
Check in with tenant and explained all relevant info
Tenants have signed to confirm the smoke alarms work and they will maintain the alarms
Tenants are aware of property inspections and 24 notice.
Tenants are aware of access to communal areas and checks to fire escape routes , waste management and health and safety required by property management of HMO
Valid gas, electric and other relevant safety certification
Valid fire safety certificates
Valid HMO certificate
All tenants and landlords are aware of their obligations to the HMO management
Gas , electric and relevant renewal certs shared with the tenants
Pat tests are kept up to date
Legionnaire Risk Assessment certs are up to date
Tenants are aware of their obligation for waste management, anti social behavior, not to hinder the management of the HMO, not to block up fire routes, keep communal areas clean and tidy and risk free.
Not to block drains
Respect the property fair use policy
During The Tenancy Compliance
Inspection visual at least 6 months, HMO fire safety every fortnight
Right to rent checks – time sensitive visas monitored to avoid risk of large fine by immigration
Photographic inspection reports
Maintenance work all recorded
Maintenance dealt with in a timely manor
Basements and external work inspected inline with the other areas
Notices
Issue the correct notice – with an 6a the EPC, ECIR, GAS, How to rent must be inc and shown to have been issued and accepted by the tenant at the sign up
Ensure the eviction is not a retaliatory eviction under Section 33- Deregulation Act
Do not enter the property or remove the tenant
Wait for possession and the tenants to surrender
If the tenants don’t surrender, apply for court to organise a baliff order
Making sure you enjoy your stay
Welcome to your home
Staff at Rooms to Let would like to make sure you have a pleasant stay during your time with us.
We are always available if you need any assistance.
To ensure the smooth running of all houses, we like all our tenants to work together to maintain high standard of living for all.
We provide cleaning, management, safety staff. Ways and means to report any issues.
As well as this we also need all tenants to keep to their tenancy agreement conditions to enable a all round good experience for all.
Please spend some time reading through the documentation with your tenancy agreement to ensure you know the standards and requirements.
Here is some important , useful information that you need to be aware of whilst living in a shared apartment.
Portland House, Belmont Business Park, Durham, DH1 1TW Contact 0191 4682997
Introduction
Rooms to let North East is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you.
Rooms to Let North East (“The Agent”) 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.
This privacy notice sets down what personal data the Agent collects, why it is collected, how it is held and what information is processed by the Agent and with whom it is shared.
The Agent is committed to protecting the privacy and security of your personal data. 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 data 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 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 <<list or delete the appropriate points below and give details as necessary>>:
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, personal 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 for lettings.
Personal 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 <<list below, expanding as necessary>>:
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 data for the purposes 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(s). 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 data 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 <<seven 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 Rooms to Let Ne staff , contractors and outside companies reference co etc
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;
Contractors and trades people providing services at the property;
Prospective purchasers of property;
[Other <<insert details>>.]
[The Agent will [only store and/or transfer your personal data] OR [store and/or transfer some of your personal data] within the UK.]
How does the Agent Protect Data?
The Agent takes the security of your personal data seriously. The Agent has internal policies and controls in place to prevent your personal 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 data we hold about you is accurate and current. Please be sure to keep us informed if your personal data 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 data. 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 [email protected] Data Controller.
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.
Privacy Policy Tenants & Guarantor
Data controller: Rooms to Let Ne Ltd-
Portland House, Belmont Business Park, DH1 1TW Contact 0191 4682997
Introduction
Rooms to let North East is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you.
Rooms to let North East (“The Agent”) collects, stores and processes personal data relating to tenants, residents and guarantors, and prospective tenants in order to provide rental accommodation. This privacy notice sets down how the Agent collects and uses personal data about you before, during and after a tenancy.
This privacy notice sets down what personal data the Agent collects, why it is collected, how it is held and what data is processed by the Agent and with whom it is shared.
The Agent is committed to protecting the privacy and security of your personal data. 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 data 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 data about you. Personal data means any information about an individual from which the person can be identified. If you are already a tenant, resident, or guarantor, some of the points below may not be relevant to you. Different information may be collected, depending on whether you are a tenant, resident, or guarantor. This includes <<list or delete the appropriate points below and give details as necessary>>:
Identity and personal contact details, such as your name, title, address, email address, telephone number, date of birth, national insurance number, car registration;
Background information such as previous landlord details, employer details, accountant details, next of kin, dependants, and emergency contacts;
Bank account details, bank references, and credit check results;
Tenancy details including renewals, joint tenants, other residents, and guarantors;
Tenancy deposit information (if any) including return on tenancy termination;
Immigration/right to rent checks (England only);
Rent and utilities payment records;
Recovery of arrears, claims, or possession proceedings;
Repair and health and safety records;
Breach of tenancy terms/complaints;
Council Tax and utilities records;
Universal credit/housing benefit 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).
We may also collect, store and use the following special categories of more sensitive personal data (known as “special category personal data”):
Information about medical or health conditions, including whether or not you have a disability for which the Agent needs to make adaptations; and
Equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief.
The Agent collects this information in a variety of ways. For example, personal data is collected through the tenancy application process and through correspondence during the tenancy. The Agent also generates its own records such as rent payment records.
In some cases, the Agent collects personal data about you from third parties, such as:
References supplied by former landlords, employers, and personal referees;
Information from credit reference agencies;
Other tenants, residents, or neighbours;
Guarantors;
Local authorities;
The police or other law enforcement agencies;
Department for Work and Pensions
Utility companies or service providers;
Letting/managing agents; and
Websites or online rental portals for lettings.
Personal 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 consider applications for tenancy agreements and manage tenancies.
In addition, the Agent needs to process data to ensure that we are complying with our legal obligations, for example, we are required to check a tenant’s “right to rent” for properties in England or 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 the end of the landlord/tenant relationship.
Situations in which We will use Your Personal Information
Situations in which we will process your personal information are listed below <<list below, expanding as necessary>>:
To verify the identity of a proposed tenant/resident;
To decide on the suitability of a proposed tenant/resident;
To arrange lettings;
To assess the financial standing/suitability of a proposed tenant/resident;
To check immigration status/right to rent;
To deal with joint tenants and residents who are linked to the tenancy;
To enter into a tenancy agreement;
To secure payment of rent and performance of tenant obligations;
To collect rent and other payments;
To manage the tenancy and the property;
To arrange an energy performance certificate;
To arrange an inventory check or report on the condition of the property;
To keep accurate records relating to the Agent’s rental business;
To arrange repairs and maintenance of the property;
To monitor and enforce performance of tenant’s obligations;
To recover debts and/or obtain possession of a property;
To ensure Council Tax and utilities charges are billed and paid appropriately;
To ensure that welfare benefits (such as Universal Credit and housing benefit) are paid to the landlord or tenant where appropriate;
To handle tenancy termination and the return of any tenancy deposit;
To handle complaints;
To address health and disability issues relating to tenants/residents;
To create and keep audio and CCTV recordings;
To provide information to public or local authorities who are legally entitled to require this information;
To contact next of kin or close relatives in case of emergency;
To store emails, records of calls, and other communications;
To comply with legal and regulatory requirements;
To bring and defend legal claims;
To prevent, detect and investigate crime and anti-social behaviour;
To perform our tenancy contract to deal with joint tenants and residents who are linked to the tenancy;
To take payment for the services provided by the Agent; and
To provide you with general updates in relation to the property market and information relating to the Agent’s services in accordance with your express consent.
If You Fail to Provide Personal Information
If you do not provide certain information when requested, the Agent may not be able to proceed with the grant of a tenancy agreement.
Change of Purpose
The Agent will only use your personal data for the purposes 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(s). If we need to use your personal data 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 data without your knowledge or consent where this is required or permitted by law.
Use of Sensitive Personal Information
Some special categories of personal data, such as information about health or medical conditions, are processed to comply with legal obligations (for example, in relation to tenants/residents with disabilities and for 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 <<seven years>>. The period for which your data is held following an unsuccessful tenancy application is <<one year>> (for a tenant).
Who is Information Shared With?
Your information will be shared internally, including with all Staff at Rooms to Let Ne , landlord and external companies eg. Reference companies, contractors working on your home.
The Agent also shares your data with third parties where required by law, where it is necessary in order to administer the relationship with you or where we have another legitimate interest in doing so. Information can be shared with:
Professional advisers, including solicitors and accountants;
Freeholder and/or their managing agent (for property in block of flats);
Existing or previous landlords;
Existing or previous employers;
Credit referencing agencies;
Debt collectors and tracing services;
Local authorities and government/public bodies;
Ombudsman/redress schemes;
Professional body/regulator;
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;
Contractors and trades people providing services at the property;
Prospective purchasers of property;
Other landlords including where you apply to another landlord for a tenancy; and
[Other <<insert details>>.]
For tenants, residents, and guarantors, the Agent will share any personal data with the landlord client.
[The Agent will [only store and/or transfer your personal data] OR [store and/or transfer some of your personal data] within the UK.]
How does the Agent Protect Data?
The Agent takes the security of your personal data seriously. The Agent has internal policies and controls in place to prevent your personal 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 data we hold about you is accurate and current. Please be sure to keep us informed if your personal data changes during the tenancy application process or during the course of a tenancy.
Your Rights
As a data subject, you have a number of rights. You can:
access and obtain a copy of your data on request (known as a “data subject access request”);
require the Agent to change incorrect or incomplete data;
request erasure of your personal data. 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 <<state job title>>.
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.
Review – Rooms to Let NE Ltd
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