Privacy Policy

 


This  Policy applies as between you, the User of this Web Site and RK Lettings the owner and provider of this Web Site. This Policy  applies to our use of any and all Data collected by us in relation to  your use of the Web Site and any Services or Systems therein.

Policy updated May 2018


Introduction

This privacy policy (Privacy Policy) sets out the ways in which RK Lettings may use your personal data.

In this Privacy Policy:

‘we’, ‘us’ or ‘our’ means  RK Lettings;

‘the site’ means The Online Letting Agents website you are visiting or engaging with; and

‘you’ and ‘your’ means you, the person engaging with us, registering for our services or visiting our site.

By  subscribing to our services, visiting our site, or otherwise  interacting with us, we will process your personal data in accordance  with this Privacy Policy.


Information we may collect about you

We  use different ways to collect data about you including the information  you supply to us when using our services. If you fail to provide certain  information we may not be able to provide you with the service you  require. The data gathered depends on whether you are an applicant  wanting to just view a property, a tenant taking a property or a  landlord advertising a property. We will also hold differing amounts of  data depending on whether we manage the property for the landlord or  not.

As necessary personal data is processed by us, we retain the following data as applicable: –

  • Name, email and telephone numbers
  • Personal/background information including occupation/status
  • Bank details
  • Verification and credit status
  • Right to Rent ID such as copies of passports, driving licenses and residency permits
  • Deposit (if any) including return on tenancy termination
  • Tenancy details including renewals, joint tenants, other residents and guarantors
  • Immigration/right to rent checks (England only)
  • Rent and other payments
  • Recovery of arrears, claims or possession proceedings
  • Repairs/health and safety/housing conditions
  • Breach of tenancy terms/nuisance/anti social behaviour
  • Council Tax liability
  • Water charges payable
  • Utilities and services provided
  • Welfare Benefits
  • Termination of tenancy
  • Audio and CCTV recordings (if any)
  • Complaints
  • Insurance
  • Health or disability
  • Emails texts and other communications and via our website where we operate one
  • Website and online portal information
  • Identity and contact details including car registration

We also generate and use data internally, e.g. our rent records if managing the property.

We also collect and receive data about you from third parties. This may be  information given to us by the landlord, other tenants or residents or  neighbours. It can include information from a guarantor where there is a  guarantor for your tenancy or from a joint tenant or other residents.  Public bodies such as local authorities or the police, or other law  enforcement agencies may give us information about you. This can include  the Department for Work and Pensions or the local authority where you  are receiving Universal Credit or housing benefit. Information may be  given to us relevant to Council Tax by the local authority. Utility  companies or service providers may also give us personal information  about you. We obtain information about you when we carry out credit  checks or take up references. We may also receive information from you  via websites or from online rental portals such as Rightmove, Zoopla or  Gumtree for example.


How we use information about you

The various purposes for which it may be necessary for us to process different categories of your information include: –

  • In our legitimate interests for ensure you are allowed to advertise or rent out the property
  • In our legitimate interests for deciding on the suitability of a proposed tenant/resident
  • In our legitimate interests for verifying the credit worthiness/suitability of tenants/residents
  • Our legal obligation to check immigration status/right to rent. This is also to verify identities.
  • To perform our tenancy contract to deal with joint tenants and residents who are linked to the tenancy
  • To perform our contract to complete the tenancy agreement
  • In our legitimate interests to secure rental payments/performance of tenant obligations, e.g. deposits and guarantors
  • For contractual performance for rent collection and collection of other payments including banking details
  • For contractual performance for managing the tenancy and the property
  • For contractual performance and/or in our legitimate interests for record keeping
  • For  contractual performance for arranging repairs and maintaining the  condition of the property and keeping it in a safe condition.
  • For contractual performance for monitoring and enforcement of tenant responsibilities
  • For  contractual performance or in our legitimate interests for recovering  debts and other payments due, including any possession proceedings
  • In our legitimate interests for administering liability for Council Tax
  • In our legitimate interests and those of the provider relating to arranging and paying for utilities and services
  • In  our legitimate interests for dealing with welfare benefits (including  Universal Credit and housing benefit) where payable in respect of the  rent
  • In our legitimate interests in relation to tenancy termination including the return of any deposit
  • In our legitimate interests for processing complaints
  • For  contractual performance or in our legitimate interests for dealing with  health and disability issues relating to tenants/residents
  • In our legitimate interests for obtaining and holding audio and cctv recordings
  • To  perform our legal obligations to provide information to public or local  authorities who are legally entitled to require this information
  • In your vital interests for contacting next of kin etc., in an emergency
  • In our legitimate interests for the storage of emails, records of calls and other communications
  • In accordance with our legal obligations if you exercise your rights under data protection law
  • To perform our legal obligations for compliance with legal and regulatory requirements
  • In our legitimate interests for the establishment and defence of legal rights
  • In  our legitimate interests for prevention, detection and investigation of  crime and anti social behaviour and the security of any website or  other means of electronic communication

We may change the  purposes where this is compatible for the purpose for which we obtained  the data originally. If we need to use your data for a non-compatible  purpose we will notify you and explain the legal gateway that allows us  to do so. We may process your information without your knowledge where  this is required or permitted by law.


Who we might share your data with

We never sell your data.

In certain circumstances we may share your personal information with:

Selected  third parties that we work with, where necessary for the purposes of  delivering to you services that you request from us. For example, when  you are reference checked, we need to share your information with a  third party referencing sub-contractor. Where we use such third parties,  those third parties are obligated to protect your data in accordance  with the prevailing General Data Protection Regulations.

Selected  third parties that you consent to our sharing your information with for  marketing purposes (such consent will be sought prior to our sharing of  this data).

Any other third parties where necessary to enable us  to enforce our legal rights, or to protect the rights, property or  safety of our employees or where such disclosure may be permitted or  required by law.

Landlords: 

For the  purposes of delivering to you services that you request from us, we must  record your data on our property management system. Your data (name,  email address, telephone number) may also be provided to other third  party companies in order that we can provide you with the service you  have requested from us, for example our reference provider, so that they  can provide you with reference reports, and other information that is  relevant to you; inventory clerks; gas engineers; EPC assessors etc. If  we’re managing the property for you, we’ll also require additional  information such as ID and bank details (for rent payments).

Tenants in Non-Managed Properties:

For  the purposes of delivering to you services that you request from us, we  must record your data on our property management system. Your data will  be provided to landlords in order that they can contact you to arrange  your viewing. Your data (name, email address, telephone number) may also  be provided to other third party companies in order that we can provide  you with the service you have requested from us, for example our  reference provider, so that they can complete your reference report  which will also be provided to your prospective landlord.

Tenants in Managed Properties:

As  well as the the details mentioned above, we may provide your data to  utility companies and the council in order that you can billed directly  for services provided. It may also be necessary, from time to time, to  provide your data to contractors who may attend the property for the  purpose of carrying out inspections, safety certificates, maintenance  work etc.

We may also be requested to share your data with other  government departments such as HMRC or Benefit Offices as well as 3rd  party companies such as Rent Guarantee Insurers, Property Free Holders  and Deposit Lodging Agencies.

Data categories and who they are shared with

Data categoryWith whom we share the data Personal/background informationOther landlords/employers; debt collectors/tracing agents; next of kin etc.; insurers; banks etc.Bank detailsOur bank, credit reference agency; debt collects/tracing agentsTenancy detailsThe landlord, other landlords/employers, benefit authority, taxation authorityDeposits (if any)Tenancy deposit body; debt collectors/tracing agents; taxation authorityImmigration/right to rent checks (England only) and verification of tenant’s identityHome Office; credit reference agency (for verification of identity)Rent and other paymentsThe landlord, Bank, benefits authority, taxation authority, joint tenants/resident’s guarantor, insurers, other landlordsRecovery of arrears, claims and possessionDebt collectors/tracing agents, other landlords, taxation authority, joint tenants/residents, guarantors; insurersRepairs/housing conditions/health and safetyContractors, tradespeople, etc., deposit protection body, joint tenants/residents, freeholder flat management etc., guarantorsBreach of tenancy agreement/nuisance etc.The  landlord, Contractors, tradespeople etc., deposit protection body,  joint tenants/residents, guarantors, educational institution,  neighbours, other residents etc., freeholder, flat management agents  etc., insurersCouncil Tax liabilityTaxation authority (local authority)Water chargesWelsh Water/Dee Valley Water Company (where property is located within the Welsh Water area) and other water companiesUtilities and servicesUtility suppliers and service providers, e.g. BroadbandUniversal Credit, housing benefit etc.Benefit  authority (Department for Work and Pensions or local authority),  regulatory authority, joint tenants/residents/guarantorsTermination of tenancyThe  landlord, Other landlords, educational institutions, debt  collectors/tracing agent, taxation authority, deposit protection body,  bank joint tenant/resident/guarantors, freeholder managing agents etc.CCTV/audio/ recording tableDeposit body, joint tenants/residents, guarantor, next of kin etc.Correspondence etc.Depending  upon the applicable category of information relevant correspondence  etc. is shared with any of the persons/organisations/authorities listed  in Section A.Online platformsJoint tenants/residents; guarantorsInsuranceInsurers, banks etc.Flat managementFreeholders, landlords, block managing agents etc.



Private persons/organisations

Categories of persons /organisationsPurpose and legal gatewayThe landlord/ Other landlords/employersTo  obtain references.  This is to ensure suitability for a tenancy in our  own legitimate interests.   We also provide information to prospective  landlords in their legitimate interest to assist them in evaluating  suitability for a tenancy/residency.  These interests are to ensure that  properties are let to reliable tenants/residents.  Where the property  is subject to selective licensing there is a legal obligation for new  landlords to obtain references before they let.Contractors/tradespeople/service suppliersAssisting  in carrying out our responsibilities under the tenancy agreement and  for the management of the tenancy and the property for contractual  performance.  In certain cases, this is also to comply with our legal  obligations in relation to housing conditions and health and safety,  e.g. gas, electrical and fire alarm maintenance and inspection.  We will  also provide your contact details to contractors etc., to facilitate  access to the property for contract performance.  On occasion we will  arrange for inspections in our legitimate interests.  This is so that we  can deal with complaints and pursue/defend claims.Utility companies and service providers, e.g. BroadbandArranging  for utilities/services and establishing liability for payment along  with administering their supply in our own legitimate interests and  those of the provider.  This is to ensure utilities/services are  provided and that liability is correctly established.  Utility companies  also have certain statutory obligations to perform, e.g. metering.  In  the case of utilities or other service providers if we agree to provide  any relevant utility or services as part of the tenancy agreement then  these arrangements are made for contractual performance.  Otherwise,  they are in the legitimate interests of the utilities/service providers  to ensure that they can effectively carry out their various activities.Credit reference agenciesWe  request and consider credit and other referencing relating to deciding  on the suitability of tenants and residents for a tenancy.  This is in  our own legitimate interest to ensure that we let to reliable  tenants/residents.   This may include the Residential Landlords  Association who undertake on behalf of their members with Call Credit.Debt collects/tracing agentsTo trace you or make a claim in our legitimate interests.  These are to enforce our legal rights.Joint tenants/residentsManagement  of the tenancy and the property for contractual performance.   Additionally, in our own legitimate interests and those of joint  tenants/residents where there are arrears of rent or other payments due  or breaches of the terms of the tenancy agreement as they are either  jointly liable for performance or non- performance could adversely  impact on their continued residence at the property.  The legitimate  interests are to protect our own property interests and to enforce our  rights.GuarantorsManagement  of the tenancy and the property for contractual performance.  We also  inform guarantors of claims and liabilities for contractual performance  of the guarantee.  It is in our own legitimate interests and those of  the guarantor to give and receive information relating to non-  performance of tenancy obligations including non- payment of rent and  other payments.  Our interests are to protect our property interests and  to enforce our rights and the guarantor’s interests are so that the  guarantor is aware of possible liability under the guarantee.Next of kin etc.To make contact with them in the event of an emergency to protect your vital interests.InsurersTo  arrange public and other liability insurance and rent insurance and to  make claims.  This is in our legitimate interests and the insurers  legitimate interests.  These are making sure that appropriate insurance  is arranged and the policies are correctly administered.  Under the  terms of policies, we are required contractually to provide information  to insurers.Banks and lendersWhere  we have loans, information regarding tenancies must be provided to  arrange and administer loans.  This is in our own legitimate interests  to finance our business.  Contractually they are entitled to your  information.  In the case of banks information about you can be shared  for the purposes of administering rental and other payments for  contractual performance.  Your information can also be shared for the  purposes of preventing and detecting money laundering and fraud.  This  is in our own legitimate interests and those of the bank in order to  detect crime. Contractually we may be required to provide information  regarding insurance cover to banks etc. providing us with loans.  This  is in our legitimate interests to ensure compliance with the loan  conditions and in the interests of the bank etc. to see that appropriate  insurance cover is in place.Neighbours, other tenants and residents The  management of the tenancy and the property.  This includes information  relating to complaints including alleged breaches of the tenancy  agreement and anti social behaviour, as well as the abandonment of the  property.  It can include car registration information. This is in our  own legitimate interests to protect our property rights and to enforce  compliance with the terms of the tenancy.  It is also in the legitimate  interests of neighbours for their enjoyment of their own properties and  to protect their property, interests and rights.Flat freeholders, managing agents etc., where the property is a flat.The  management of the tenancy and the property.  Under leases/other  contractual arrangements they are entitled to certain information, e.g.  who occupies the flat and the terms of such occupation.  Further,  consents/permissions may be required relating to the tenancy for the  carrying out of alterations or works or your information may be relevant  to repairs.  This is done in our own legitimate interests.  These are  to ensure we comply with our own contractual obligations.  Additionally,  there may be complaints involving breach of the terms of these  leases/other contractual provisions connected with nuisance,  non-compliance with leases/other arrangements or anti social behaviour.   Consequent upon this information may be shared in our own legitimate  interests or those of the freeholder managing agent etc., concerned.   This is to ensure compliance with our own contractual legal obligations  and/or for the management of the block.Web sites, portals etc.Undertaking  searches and obtaining publically available information relevant to  your suitability for a tenancy/residency and relating to the management  of the tenancy and the property.  This is undertaken in accordance with  applicable data protection law and guidance and subject to data  protection principles.  In connection with your application for a  tenancy, we may receive information via any online portal involved for  contractual performance.



Public Authorities

Home OfficeImmigration/right to rent checks for the performance of our legal obligationsBenefit authorityThe  administration of benefits such as Universal Credit (by the Department  for Work and Pensions) and the housing benefit/local housing allowance  by the local authority.  This includes applications to them for direct  payment of benefit to ourselves.  It extends to claims by them for  overpayment where we receive direct payments.  This is for contractual  performance and/or in our legitimate interests to ensure that we collect  rent and that amounts properly due to us are received.Deposit body Under  housing legislation we are required to protect any deposit which you  pay in connection with the tenancy.  We may pay this into a custodial  scheme which holds the money or alternatively hold it ourselves in which  case it is insured.  We have to register the deposit with the deposit  body concerned.  This is to comply with our legal obligations.  During  the course of the tenancy it may be necessary to give details of any  changes to the deposit body to comply with our legal obligations.  On  the termination of the tenancy for contractual performance we must  arrange for the return of the deposit in whole or in part depending on  whether there are any claims on it or not by us.  In the event of  disputes these can be submitted to adjudication in which case it is  necessary for information to be provided to the deposit body concerned  (and its adjudicator) in our legitimate interests to pursue or defend  claims.   This is also contractually required under the rules of the  scheme.Educational institutionsInformation  relating to non- payment of rent, breach of tenancy terms, nuisance or  anti social behaviour may be shared with educational institutions where  you are studying.  Educational institutions can operate complaints  schemes in conjunction with landlords of student properties.  This can  include information about tenancy terminations.  This is in our own  legitimate interests to protect our property interests and our rights  and in the interests of the educational institution concerned to oversee  the conduct of their students.Taxation authoritiesThese  are HM Revenue and Customs and (in the case of Council Tax and Council  Tax reduction schemes) local authorities, as well as any other public  authority having power to levy taxes or charges.  We are required by law  to make appropriate returns to comply with legislation imposing taxes  etc.  In the case of Council Tax this is required where statutory notice  to that effect is served on us.  Otherwise, we share information with  the local authority relating to Council Tax in our own legitimate  interests to ensure that Council Tax is correctly administered and in  the legitimate interests of the local authority to collect information  for the same reason.



Private persons/organisations/public authorities with whom any information is shared

As  necessary, we share all of your information (irrespective of its  category) with certain private bodies/organisations/public authorities.   This includes transferring your information to them and receiving it  from them.  These are:



Category of person/organisation/public authorityPurposes and legal gatewayProfessional advisersAssistance  and advice regarding the management of the tenancy and the property for  contractual performance.  Where we handle your information under some  other gateway and a professional adviser assists or advises this will  for the same purpose and under the same legal gateway.  If it is in the  legitimate interests of ourselves or someone else then those interests  will be the same.   These are to ensure that we act appropriately and  properly as well as according to the law.Police/law enforcement agencies*Prevention/detection  of crime and anti social behaviour in our and their legitimate  interests.  This is to protect our property and enforce our rights and  to enforce the law.Regulatory authorities*To  carry out their functions in their legitimate interests.  These are to  enforce legal requirements.   On occasion, we may be under a legal  obligation to provide your information, particularly if a notice to that  effect is served on us.  This can include an ombudsman or accreditation  or similar scheme of which we are a member.  It also includes water  companies, utility providers who are exercising their functions as  statutory undertakers.Letting and managing agentsTo  let or manage the property in our and their legitimate interests.   These are so that the tenancy and the property are effectively let and  managed. Contractually we are required to provide your information to  any letting/managing agent we instruct.Courts*The administration of Justice in our legitimate interests. These are to pursue and defend claims.Prospective purchaser of the propertyIn  the event of a proposed sale/sale of the property either subject to the  tenancy or with vacant possession any prospective purchaser/purchaser  will require information about the tenancy and the property.  This is in  our own legitimate interests and their legitimate interests.  This is  part of the conveyancing and sales process for both parties.  The  legitimate interests are to ensure that correct information is provided  and received.

* These are public authorities


Third Party Content, Sites, and Contributions

Our  website may contain content and links to other websites or apps that  are operated by third parties. We don’t control these third party  websites or apps (including whether or not they store cookies) and this  Privacy Policy does not apply to them. Please consult the terms and  conditions and Privacy Policy of the relevant third party website or app  to find out how that site/app collects and uses your information and to  establish whether and for what purpose they use cookies.


How we look after your data and how long we keep it for

We  will retain your information for as long as is necessary to provide you  with the services that you have requested from us, or for as long as  the law otherwise permits.

Transmission of information over the  internet can be insecure, and although we employ measures to protect  your information from unauthorised access we cannot always guarantee the  security of information sent over the internet.

We will hold  personal data about tenants for the duration of your tenancy and for  seven years after your tenancy has ended. This is the statutory  limitation period six years plus a further year to allow for service of  proceedings should proceedings commence later.


Where we store your information

Our  servers are situated inside the European Economic Area (EEA) and most  of the information that we collect about you will be stored on these  servers.

Some providers store related data internationally and not  necessarily within the European Union. The recipient of this data is  the provider concerned. You need to refer to the provider concerned to  determine if they have the required clearance (adequacy decision) from  the EU authorities or whether or not, instead, there is an agreement  containing appropriate and suitable safeguards and to obtain a copy of  this agreement.


Your rights in relation to your Personal Data

You have the right to:
Request a copy of the personal data that we keep about you, by making a  request in writing to our lettings team on enquiries@rklettings.co.uk