ICO Registration – Does it Apply to Landlords?

As part of compliance for landlords in the UK, most are required to register with the Information Commissioner’s Office (ICO) and pay an annual data protection fee. We still uncover the few and far between landlord who isn’t aware of this obligation.  It is noted on our Landlords Checklist but it crops up very occasionally so we wanted to remind members of their compliance in this area.    

Be wise to GDPR

Why Do I Need to Register?

It is because landlords typically process personal data, such as tenant names, addresses, contact details, and financial information, which fall under the UK GDPR and 2018 Data regulations. The ICO states that landlords are required to register if any of the following apply:

• You handle personal data electronically, including storing it on computers, phones etc

• You process tenant information for purposes like tenancy agreements, rent payments, credit checks and any references

• You keep any databases relating to any of your tenants – including any decisions made on choices and reasons for letting

• You use CCTV systems that capture images of tenants or the public

If you would like to check if you need to register or if you are exempt you can use the ICO self-assessment tool, this will also determine which Tier applies to you. 

How do I register?

You must register with the ICO which is a simple process through the their official website where you will taken through a straightforward question and answer process about your business and how you handle personal data.

What Happens If You Don’t Register?

Unfortunately there will be fines of over £4,000.00 for anyone who doesn’t register along with potential legal consequences.

How Much Does It Cost?

The cost to register will depend on the size and type of your organisation and is based on a tier system which depends on your size, your turnover and if you are charity or public authority.  There are three tiers, so could typically be £52.00 per year for landlords if they are deemed to be a micro organisation and qualify as Tier 1.

We drill home the compliance needs for landlords to help them avoid potential penalties and fines, so if you are unsure of your obligations, it is always worth checking in with your landlord association who will be able to help. All our ELA members receive ongoing updates and help with legislation changes as they arise.