This
two-minute read takes a look at the ICO and what Kent landlords
need to do.

Back in 2018,
the rules around the General Data Protection Regulation (GDPR) and data
handling changed. Things like ‘This website uses cookies; do you accept?’
popped up everywhere.

The ICO is the Information
Commissioner’s Office and covers the whole of the UK. The ICO website explains that
they are ‘The UK’s independent authority set up to uphold information rights in
the public interest, promoting openness by public bodies and data privacy for
individuals.’

It’s the law

It doesn’t
matter how many properties you have, how many tenants, nor how many people you work
with or have working for you. It is the whole business that must be registered.
As a landlord, you are considered to be a business, even if you’re a sole
trader.

Not just for
agents

Some landlords
think that their letting agent has to be registered and therefore, they
themselves are exempt. This is not the case. Anyone who handles personal data
and stores it electronically must register. This could be as little as a name
or phone number for the tenant that was texted or emailed to you.

What are the
costs?

The ICO fee
will be between £40 and £2,900 per annum. The fee is paid annually. It is
worked out depending on the size of the business and turnover. There is a
self-assessment you can carry out on the website. Have a look at it here.
This will show you what amount you will have to pay.

What’s the
risk?

Tenants could
raise complaints about you to the ICO if they believe you’re misusing their
data. The ICO might then investigate. If you had a complaint about the tenant,
like unpaid rent, the tenants could use your non-registration against you. If
you don’t register with the ICO and get caught, the fines can range from £400
to £4,350.

How to do it

It’s a simple
15-minute process to get registered. It’s not something an agent can do on your
behalf. Visit
this webpage to get started.

You’ll need to
give the ICO:

·
The name and address of the business that needs
to be registered

·
Turnover and staff numbers

·
Business details

·
Credit/debit card details

The fee will be
due again in 12 months’ time. It could be easier to give the ICO direct debit
details.

If you are a
Kentlandlord and would like further advice about this or any
other lettings issue, please don’t hesitate to get in touch for a free,
no-obligation chat on 01634 304326.