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Question

Record Keeping and Data Protection (Wales)

Providing tenancy agreements to potential buyer

10 Jun 2020 | 3 comments

Hi, I am selling my HMO and a prospective buyer has asked to see the tenancy agreements for the last 3 years as proof of income. I said I would but I would have to black out the tenants names for data protection purposes. I also have a company let, should I also black out the company name or does this not fall under the same rules?

Answer

3 Comments

  1. Imported

    17/01/2020 5:18 pm
    We don’t think that is necessary. If you’ve used our agreements, they include a privacy policy which informs the tenant that you may pass details for the general running of the business which this is. In any event, assuming you’re registered for data protection with the ICO, you are allowed to run a business and use data for that purpose. It’s when you start passing details which isn’t part of your business (for example passing details to an insurance company for which you may receive commission) and things like that which you can’t do without prior express consent. You can of course blank out the names if you wish though.

    Ultimately, if they become the buyer, they’re entitled to the data anyway!

    Companies aren’t included it’s only “living individuals”.

    guildy

  2. Imported

    17/01/2020 6:42 pm
    Thanks for the swift reply. I only asked because when I wanted to buy a flat with a sitting tenant the name was blanked out for data privacy. In response to your point

    In any event, assuming you’re registered for data protection with the ICO, you are allowed to run a business and use data for that purpose.

    I am not registered with the ICO, I do not run a business, I am just a private landlord, is this ok?

    1035

  3. Imported

    17/01/2020 8:58 pm

    You are running a business. Being a landlord is a business. If you store any personal data electronically (which includes having a name on your mobile phone or using emails for example) then you should be registered.

    You can use this self-assessment tool to see if you need to be registered.

    guildy

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