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Hi fellow Tribes
I have a Tenancy ending on Tuesday next week and I have a question about GDPR
When the Tenancy ends what do I do with all paperwork for the Tenancy
Do I hand it all back to the Customer or do I retain the Info
Do I need to give them some sort of letter explain I am holding Data and for how long
Some thoughts on this would be helpful
Learn Change and Adapt ?????
You follow the retention policy you have in writing. You need that for GDPR compliance.
The RLA suggests keeping the documents for seven years. Six years in case you are sued plus one year to allow for delays in hearing about it. You need to keep the financial records for six years for tax purposes anyway.
I have all the financial records for HMRC
But what do with reference letters identification photocopies passport ect do I hand them back
and do I advise the customer that I am holding them for seven years
and If I do hold them do I have to write to the customer in seven years and say they have been destroyed ??
You can delete them if you want, but I would hold most of that longer.
Passport information might be needed to prove you did Right to Rent checks so you should hold it as long as there is a chance the government might chase you about it. I suspect that would be 6 years from the start of the tenancy, but since I don't hold such records I don't know.
Any information to do with the tenancy that you might need to defend yourself should the tenant sue you should hold for at least 6 years from the end of the tenamcy - seven to be safe.
My understanding is you need to issue a Privacy Notice explaining what data you hold, why you hold it and your procedure if the customer requests a copy of the data.
That's my basic understanding, I need to clue up on this more myself, bloody EU regulations!
You also need to say how long you will hold it for, and who you might share it with.
Has any one got a standard template letter for tenants checking out
When tenancies end, I always take final meter readings and contact the utilities.
The same applies to council tax.
I'm always asked for contact details for the departing tenants. I've never given them this information and would be even less inclined to do so now.
Knowing how ruthless the utility companies are (BGas put a black mark on my credit record a few years ago without my knowledge), I do worry that this will happen to former tenants.
Perhaps the answer is to get them to sign a disclaimer form if they're happy for me to share this information?
I do very similar to you Dom
i think a letter for GDPR is not a bad thing. Just to keep things right
I am happy to give back info I have but it’s knowimg what to give back and when is my problem
It is best not to ask for consent if there is an alternative basis for holding the information. Consent can be withdrawn at any time. As an extreme example suppose you were relying on consent to hold the proof that you had protected the deposit. The tenant could withdraw their consent, then sue you and you would no longer have the evidence needed to defend yourself.
In that example the legal basi for collecting the information would e that it is a legal obligation. You can retain it as long as it might be needed (6 or 7 years from the end of the trnancy) but must then delete it once you have no reason to keep it.
Another interesting point is the historic tenancy agreements needed to prove C4 use at the time of an A4D implementation.
Surely, these need to be kept indefinitely as the council could ask for these at any time?
I have some that are 7 years old and I daren't shred them.
I suppose I could apply for C4 planning and shred them once it was granted?