GDPR Data processing modelRental management
Purposes (6)
A purpose is the objective pursued by the setting up of your file. It indicates what the processing of personal data will be used for, its purpose. This purpose must be clear and understandable
Data categories (6)
Personal data is any information relating to an identified or identifiable natural person. A natural person can be identified either directly (eg surname and first name) or indirectly (eg phone number, social security number, email or postal address, but also voice or image)
coordinates customer looking for housing
Data details
Definition
location, rent, surface, etc.
Data conservation rules
Active base:
3 years from the last contact of the prospective tenant with the organisation. No statutory period; the controller should set the period based on how long a housing search usually remains active.
current information on individuals, not relevant at this stage to collect data on personal situation (pro or financial situation).
Destruction
Lease conclusion
Data details
Definition
Identity of the tenant's spouse or civil partner, where they are a joint tenant or have rights in the home.
Archiving policy
Subject to consent
Data conservation rules
Active base:
Contractual term until tenant's accounts are closed
Limitation Act 1980, ss.5 and 8
Intermediate archiving:
6 years after the end of the tenancy and the closure of the tenant's account (Limitation Act 1980, s.5 - actions founded on simple contract); 12 years where the tenancy agreement was executed as a deed (Limitation Act 1980, s.8 - actions on a specialty).
Destruction
Solvency assessment
Data details
Data conservation rules
Active base:
Unsuccessful applicants: 3 months after the decision on the application. Successful applicants: only the documents needed for the tenancy are kept, for its duration. No statutory period for referencing data; the controller should set it based on the time needed to handle any query on the decision. In England, copies of right to rent checks are kept for the duration of the tenancy and for one year after it ends, then securely destroyed (Home Office code of practice on the right to rent scheme).
Home Office code of practice on the right to rent scheme
Destruction
Joint tenant departure / release from joint and several liability
Data details
Definition
Evidence that the tenant, or a child who normally lives with them, has been a victim of violence, used only where the tenant asks to end or transfer the tenancy for that reason.
Data conservation rules
Active base:
Data relating to a joint tenant's request to leave the tenancy or to be released from joint and several liability are kept until the landlord or agent has dealt with the request (surrender, variation or deed of release). Longer retention is possible only where needed as evidence or to meet a legal obligation, within the limitation periods (Limitation Act 1980).
within the limitation periods (Limitation Act 1980
Destruction
tenant renting
Data details
Data conservation rules
Active base:
contract duration
Limitation Act 1980, ss.5 and 8
Intermediate archiving:
6 years after the end of the tenancy (Limitation Act 1980, s.5); 12 years where the tenancy agreement was executed as a deed (Limitation Act 1980, s.8).
Destruction
lease termination or expiration
Data details
Definition
If the tenant asks to end the tenancy early or with a shorter notice period, the organisation may consult the supporting evidence the tenant provides (for example a change of job, a health condition requiring a move, or an offer of social housing), only as needed to assess the request.
Data conservation rules
Active base:
At the end of the tenancy, data are kept until the final account is settled (rent arrears, deductions and return of the deposit through the tenancy deposit protection scheme - Housing Act 2004, s.213). Longer retention only where needed as evidence or to meet a legal obligation.
Housing Act 2004, s.213; Limitation Act 1980, s.5
Intermediate archiving:
If the management agreement ends, the letting agent hands over the tenancy files to the landlord or the new agent. It may keep a copy of the documents needed to defend itself against claims for 6 years after the end of the agreement (Limitation Act 1980, s.5).
Destruction
Data subject (3)
A data subject is any person whose data is collected, retained or processed by the data processing. e.g. In a recruitement process, any candidate for a position proposed in recruitement management process
- Other
- Customers
- Former customers
Attribution / Pas d'utilisation commerciale
CC-BY-NC
