Leasehold management - privacy notice

The purpose for this processing

Tendring District Council is the landlord of the building where you own or intend to purchase a property held under a long lease, which forms a legally binding contract.

We will use the information you provide to maintain a landlord and tenant relationship with you and to deliver a leasehold property management service. This includes billing for service charges and other costs you are liable for, to contact you about any issues regarding your property, including statutory consultation requirements, anti social behaviour case management and to provide any other services.

Legal basis for this processing

Article 6 Lawfulness of Processing (Section 1, (a)):

The data subject has given consent to the processing of his or her personal data for one or more specific purposes.

Article 6 Lawfulness of Processing (Section 1, (b)):

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

Article 6 Lawfulness of processing (Section 1, (c))

Processing is necessary for compliance with a legal obligation to which the controller is subject

Article 6 Lawfulness of Processing (Section 1, (d))

Processing is necessary in order to protect the vital interests of the data subject or of another natural person;

Article 6 Lawfulness of Processing (Section 1, (e)):

Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

Article 9 Processing of special categories of personal data (Section 2, (a)):

The data subject has given explicit consent to the processing of those personal data for one or more specified purposes.

Article 9 Processing of special categories of personal data (Section 2, (f))

Processing is necessary for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity

Applicable legislation includes; Housing Acts 1985, 1988, 1996 and 2004 and the  Commonhold and Leasehold Reform Act 2002

What data do we collect about you

The information we may require in order to provide a landlord service is:

• Your name
• Your contact information, including telephone number, email address and address, if this is different from the leasehold property
• Date of birth
• Details of your household members who will be living in the property
• Bank account details
• Mortgage lender details
• Financial information, including income, savings and details of any benefits you receive
• Details of any complaints, concerns, comments and compliments
• Details of anyone authorised to act on your behalf
• Details of any tenants you have living in the property, where it is sublet
• Contact details of any managing agents and / or emergency contacts
• Other personal information that will vary on a case by case basis to help us resolve any breaches in the lease, including non payment of charges, anti social behaviour complaints, as well as fraud or other criminal behaviour

Sometimes we'll require sensitive personal data or special categories of personal data, for example if you're asking us to use our discretionary powers on the repayment of Right to Buy discount, we may need information about your personal circumstances, such as your health.

We may use the information you give us:

• to fulfil our obligations under the lease as your landlord
• to collect service charges and other payments
• to consult with you about any proposed major works
• to contact you about repairs
• for internal record keeping
• to undertake credit ratings or similar and affordability checks in the event of service charge arrears
• to contact you about improvements relating to fire safety, such as fire door requirements etc.
• to contact you about gas safety requirements
• to comply with our legal obligations
• to enforce your obligations under the lease, including non payment of charges and anti social behaviour

We will not try to sell you anything and you will not receive unsolicited telephone calls or mail from us or any third parties as a result of personal data being provided to us.

How long do we collect your personal data

Personal information is retained in accordance with the Council’s published Corporate Retention Schedule and other legal obligations.

Who we share your data with

We'll share personal data about you with other council services, partner organisations, agents and contracted providers in order to:

• provide you with the information or service you've requested
• make a decision on your application for the service you've requested
• confirm to you that changes to your personal data have been updated
• respond to the problem you've reported
• investigate complaints of nuisance, anti social behaviour or other breaches of your lease agreement
• comply with the law
• progress the sale of the lease to new buyers, with your permission
• progress the extension of the lease
• seek legal advice or in connection with court proceedings or statutory action to enforce compliance with the lease or when obliged to refer cases to the First Tier Tribunal (Property Chamber) Residential Property for a decision
• investigate and respond to health and safety risks, child protection and safeguarding issues
• for the detection and prevention of fraud

We also share personal information, as required, with the Government (Ministry for Housing Communities and Local Government) for research and statistical purposes.

We may also share our information with third parties including:

• Police
• HMRC
• Local authorities, the NHS and Primary Care Trusts
• Legal Advisors, the courts and our insurers and auditors
• Contractors providing maintenance and other housing related services
• Consultants providing services to us
• Language translation services
• Utility and telephone companies
• Mediation partner organisations
• External assistance where you have agreed to a referral, e.g. to help with money problems
• The Regulator of Social Housing
• Credit checking agencies and debt recovery agents
• A nominated third party where you have given us your permission
• Organisations to carry out payments through a secure service (e.g. to set up a direct debit)
• Financial institutions to confirm affordability
• Companies that help us mail out newsletters etc.

Where it is reasonably suspected that you have or may make a legal claim against the Council details may be shared with our legal service, our insurers and any third party legal advisors we engage.

We may be required or permitted, under data protection legislation, to disclose your personal data without your explicit consent, for example if we have a legal obligation to do so, such as for:

• law enforcement
• fraud investigations
• regulation and licensing
• criminal prosecutions
• court proceedings

We must protect public funds and may use personal data and data matching techniques to detect and prevent fraud, collect taxes and ensure public money is targeted and spent in the most appropriate and cost-effective way. To do this, your personal data may be shared with other bodies responsible for auditing or administering public funds, including the Department for Work and Pensions, HM Revenue and Customer, the Police and other local authorities.

Your personal data will only be shared with someone we know is acting on your behalf when we have your prior consent to do this.

Where we get it from

Individuals themselves (Data subjects) and relevant third parties.

Most of this information will already be held by the Council in connection with your tenancy. Alternatively, it may be supplied with by you, when you first become a leaseholder by your solicitor during the purchase process or if you notify us of any changes to your personal details or circumstances, for example if you wish to sublet the property.

We collect information when you contact us by telephone, in writing, email, submit an online form or if we meet you in person. We also obtain information relating to you, when necessary, from the Land Registry or from a consumer credit reporting agency.  We also collect information from other Council service areas, such as Council Tax.

Is any automated decision making applied

No automated decision making applies to this process.

‍