Ex tenant, unpaid utilities and GDPR
Discussion
So my tenant left a bungalow I own in January.
Since then in has come to light that they don't seam to have bothered to pay the gas bill for 18 months leaving behind a debt just under £2.5k.
I've since provided the unimpressed gas supplier of the meter readings when they moved out and am trying to resolve the issues of the outstanding balance that they are showing on the account.
They have requested a copy of the tenancy agreement, which I have an can provide but am slightly concerned about GDPR as it's not something I know a great deal about.
Has anyone found themselves in a similar position or know if passing on the tenants name, and contact numbers which are within the agreement to the gas supplier is something I'm going to get in trouble for?
Since then in has come to light that they don't seam to have bothered to pay the gas bill for 18 months leaving behind a debt just under £2.5k.
I've since provided the unimpressed gas supplier of the meter readings when they moved out and am trying to resolve the issues of the outstanding balance that they are showing on the account.
They have requested a copy of the tenancy agreement, which I have an can provide but am slightly concerned about GDPR as it's not something I know a great deal about.
Has anyone found themselves in a similar position or know if passing on the tenants name, and contact numbers which are within the agreement to the gas supplier is something I'm going to get in trouble for?
OP said:
So my tenant left a bungalow I own in January.
Since then in has come to light that they don't seam to have bothered to pay the gas bill for 18 months leaving behind a debt just under £2.5k.
I've since provided the unimpressed gas supplier of the meter readings when they moved out and am trying to resolve the issues of the outstanding balance that they are showing on the account.
They have requested a copy of the tenancy agreement, which I have an can provide but am slightly concerned about GDPR as it's not something I know a great deal about.
Has anyone found themselves in a similar position or know if passing on the tenants name, and contact numbers which are within the agreement to the gas supplier is something I'm going to get in trouble for?
Seriously?
So my tenant left a bungalow I own in January.
Since then in has come to light that they don't seam to have bothered to pay the gas bill for 18 months leaving behind a debt just under £2.5k.
I've since provided the unimpressed gas supplier of the meter readings when they moved out and am trying to resolve the issues of the outstanding balance that they are showing on the account.
They have requested a copy of the tenancy agreement, which I have an can provide but am slightly concerned about GDPR as it's not something I know a great deal about.
Has anyone found themselves in a similar position or know if passing on the tenants name, and contact numbers which are within the agreement to the gas supplier is something I'm going to get in trouble for?
Seriously?
Edited by elanfan on Thursday 2nd March 23:34
LuckyThirteen said:
I'd imagine the tenant never told utilities.
Yes OP, you just hand over the details.
I disagree it is not for the OP to provide that info.Yes OP, you just hand over the details.
I would check what the tenant signed upon exit, you are allowed to provide a forwarding address normally. Its a good point that the landlord has checked this, have you contacted the tenant to say the bill is outstanding.
Never heard of a energy firm asking for a tenancy agreement, I guess they may have said bills were included and the agreement says they are liable and that is why they want it.
We have a couple of BTL's and have registered with the ICO - Information Commissioner's Office. Cost £35 a year.
We give the tenants a GDPR - Data Privacy Fair Processing Notice which advises them of all situations where, and to whom we might pass their personal info in relation to the tenancy.
This include info such as their telephone numbers to repair contractors, move in move out dates and forwarding address to utility companies.
Overkill - possibly, but for £35 a year and a standard notice to each tenant when they move in, it covers your back nicely.
We give the tenants a GDPR - Data Privacy Fair Processing Notice which advises them of all situations where, and to whom we might pass their personal info in relation to the tenancy.
This include info such as their telephone numbers to repair contractors, move in move out dates and forwarding address to utility companies.
Overkill - possibly, but for £35 a year and a standard notice to each tenant when they move in, it covers your back nicely.
surveyor_101 said:
LuckyThirteen said:
I'd imagine the tenant never told utilities.
Yes OP, you just hand over the details.
I disagree it is not for the OP to provide that info.Yes OP, you just hand over the details.
I would check what the tenant signed upon exit, you are allowed to provide a forwarding address normally. Its a good point that the landlord has checked this, have you contacted the tenant to say the bill is outstanding.
Never heard of a energy firm asking for a tenancy agreement, I guess they may have said bills were included and the agreement says they are liable and that is why they want it.
With regards to this, ask the energy company for written confirmation that they’ll only use the info for the agreed purpose (confirming the existence of the tenant and tracking them down) if you’re concerned about blowback.
Also, most landlords will inform the utilities of their new tenants details these days. Might be worth thinking about.
surveyor_101 said:
LuckyThirteen said:
I'd imagine the tenant never told utilities.
Yes OP, you just hand over the details.
I disagree it is not for the OP to provide that info.Yes OP, you just hand over the details.
I would check what the tenant signed upon exit, you are allowed to provide a forwarding address normally. Its a good point that the landlord has checked this, have you contacted the tenant to say the bill is outstanding.
Never heard of a energy firm asking for a tenancy agreement, I guess they may have said bills were included and the agreement says they are liable and that is why they want it.
MustangGT said:
Wrong yet again. I have experience as a landlord, and as a tenant. Every single time the utilities company asked for the tenancy agreement, they have to ensure the billing is going to the correct person.
Really, I have not heard of it.Is that at the start of tenancy, I know that landlords or agents provide details.
Seems odd to ask after they have vacated.
The OP issue was not is it the normal thing, it was am I ok under GDPR.
I would say when the take the property/leave what have the signed, it seems reasonable to provide energy suppliers with most info but the tenant has signed a document to that effect the landlord should be fine as its fair and reasonable.
Edited by surveyor_101 on Friday 3rd March 11:39
I can't say I was ever asked for a tenancy agreement at all until l stopped renting last year.
I wouldn't say that as a landlord you have the right to use information however you see fit. I would imagine you have consent to communication with the tenants as long as it relates directly to the tenancy. Not sure about the consent side of things or even legitimate interest of passing over the details to someone else.
You should have in your tenancy agreement how their details will be stored and what they could be used for during the tenancy and who they could get passed on too once the tenants leave. If you don't have this in already you'd be wise to add it.
Probably best calling the ICO and asking.
I know it's strict, I recently left a job and even though I signed a contract that said my new employer could request references, my old employer reached out to me directly to seek my consent to passing on the information. So I guess it's up to you how seriously you take it or not.
I wouldn't say that as a landlord you have the right to use information however you see fit. I would imagine you have consent to communication with the tenants as long as it relates directly to the tenancy. Not sure about the consent side of things or even legitimate interest of passing over the details to someone else.
You should have in your tenancy agreement how their details will be stored and what they could be used for during the tenancy and who they could get passed on too once the tenants leave. If you don't have this in already you'd be wise to add it.
Probably best calling the ICO and asking.
I know it's strict, I recently left a job and even though I signed a contract that said my new employer could request references, my old employer reached out to me directly to seek my consent to passing on the information. So I guess it's up to you how seriously you take it or not.
Just give them the tenancy agreement.
I have just sold a property and British Gas Lite (despicable company - avoid at all costs) demanded the contract and transfer deed otherwise they refused to action the change of ownership. I don't think they are legally entitled to those and do that and if I wasn't in credit due to them overcharging me despite smart meters then I would tell them to go f
k themselves!
I have just sold a property and British Gas Lite (despicable company - avoid at all costs) demanded the contract and transfer deed otherwise they refused to action the change of ownership. I don't think they are legally entitled to those and do that and if I wasn't in credit due to them overcharging me despite smart meters then I would tell them to go f
k themselves!vikingaero said:
Lots of places will ask for an unredacted copy of a tenancy agreement. I helped someone claim housing benefit and the Council wanted a copy.
Yeh claiming government benefits and providing info and a private energy company are slightly different.1- pursing a debt
2- being asked to provide housing and or funding for housing from public money
You would likely rely on Legitimate Interests as a legal basis for sharing the personal data of your tenant. Unlike relying on Consent, Legitimate Interests is another way to lawfully process the data without specifically asking.
Some info here: https://ico.org.uk/for-organisations/guide-to-data...
You apply what's known as a 'balancing test' to ensure the processing is fair / justified. In this scenario, whilst it's in your greater interests, I would still say it is valid. The tenant would reasonable expect you to pursue this payment and share with the energy company. What wouldn't be reasonable (to give an example) is sharing their name and address on facebook. (I know you're not suggesting this, but just to demonstrate you can't do whatever you like).
To be belt and braces, you could document your assessment and keep it on record.
Some info here: https://ico.org.uk/for-organisations/guide-to-data...
You apply what's known as a 'balancing test' to ensure the processing is fair / justified. In this scenario, whilst it's in your greater interests, I would still say it is valid. The tenant would reasonable expect you to pursue this payment and share with the energy company. What wouldn't be reasonable (to give an example) is sharing their name and address on facebook. (I know you're not suggesting this, but just to demonstrate you can't do whatever you like).
To be belt and braces, you could document your assessment and keep it on record.
Pickled Piper said:
Who was the utilities supply contract with? Surely it was with the Tennant. If so the issue is between utilities company and the Tennant. You could provide them with a forwarding address if you are feeling helpful.
The supply contract will only be with the tenant if the tenant notified the supplier in the first place.If letting a property, whether commercial or domestic, notify the utility suppliers and council for council tax and business rates. Many will require a copy of the tenancy agreement so they know it’s genuine and you are not trying to avoid paying!
OP just send the agreement, there is a legislate reason to do so!
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