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Private Sector Housing Team Service Privacy Notice

 The Private Sector Housing Team of New Forest District Council (NFDC) is committed to protecting and respecting your privacy when you use our services. For the purposes of the Data Protection Regulation, the Data Controller is New Forest Council. You can contact the Council's Data Protection Officer: data.controller@nfdc.gov.uk.

This privacy policy sets out how and when we use any personal information that we collect about you when you use our services, the conditions under which we may disclose it to others and how we keep it secure.

When you contact us to access our services, or we contact you as part of your application for funding we may ask you for certain personal information in order to be able to assist you with your enquiry or to enable us to investigate fully. Some of this information will be recorded and stored on our systems.

 

WHAT INFORMATION DO WE COLLECT ABOUT YOU?

Tenant Housing Enforcement Service Request

We have a legal duty to enforce law relating to housing standards. One of the ways we do this is by responding to service requests from a tenant where we are the enforcing authority. We will collect information about the occupancy, tenancy agreement, and the extent of any defects or improvements needed to your home.

Private Sector Landlords and Letting Agents

We have a legal duty to enforce law relating to housing standards in privately rented homes (including properties owned by Registered Social Landlords). We do this by working with landlords and letting agents who own properties in the NFDC area, and investigating complaints regarding housing standards where we become aware of issues warranting our involvement. We will collect information relative to your ownership, proposals relating to works needed and details of the tenancy.

Owner Occupier Housing Enforcement Role

We have a legal duty to enforce law relating to housing standards. One of the ways we do this is by responding to service requests where we are the enforcing authority. This legislation is generally only enforced in privately rented accommodation, but is also applicable to owner occupied property. If your home fails to meet the appropriate housing standards we will collect information about your ownership, number of occupants, details of disrepair and/or improvements needed.

Disabled Adaptation Funding

When you enquire about the possibility of funding for a disabled adaptation grant or loan we will collect information regarding your personal details, your financial situation and your disability (and how this affects your independence at home). In addition we have a legal duty to enforce law relating to housing standards in both privately rented and owner occupied housing accommodation. We need to take this into account where you are applying for Disabled Adaptation Funding and will collect information about the repair of your home.

Home Repair Loans

When you enquire about the possibility of a Home Repair Loan we will collect information regarding your personal details, your financial situation and the disrepair to your home (and how the defects affect your occupation).

Charitable Funding

When you enquire about the possibility of charitable funding we will collect information regarding your personal details, your financial situation and other factors relevant to your enquiry (for example any disability or previous employment record).

 

If you choose not to supply information that we request we may not be able to assist you in resolving the disrepair issues.

 

HOW WILL WE USE THE INFORMATION ABOUT YOU?

Tenant Housing Enforcement Service Request

This information you provide will be used to assist us in investigating your service request and taking the appropriate action to resolve any issues in accordance with the legislation and our adopted policy. This can be on an informal or formal basis depending on the level of co-operation from the owner and/or letting agent, and the nature of the defects or improvements needed.

Private Sector Landlords and Letting Agents

This information we collect will be used to assist us in investigating housing standards in rented accommodation and taking the appropriate action to resolve any issues in accordance with the legislation and our adopted policy.

Owner Occupier Housing Enforcement Role

This information you provide will be used to assist us in investigating your request and taking the appropriate action to resolve any issues in accordance with the legislation and our adopted policy.

Disabled Adaptation Funding

This information will be used to assess your eligibility for financial help to ensure we offer you the most appropriate grant and/or loan to help with your disability. We will also check that the works included are appropriate for your medical needs in accordance with the legislation and our adopted policy. Where you home is in need of repair we will discuss this with you and how it can be resolved before progressing with your application for Disabled Adaptation Funding. In cases of severe disrepair we may need to serve a formal notice.

Home Repair Loans

This information will be used to assess your eligibility for a Council loan in accordance with our adopted policy. Where we can help you with a loan this information will be shared with Parity Trust who administer loans on behalf of the Council.

Charitable Funding

This information you provide will be used to assess the most suitable charities to approach for funding, and we will have initial discussions on your behalf with these charities.

 

THIS INFORMATION WILL NOT BE SHARED WITH ANYONE ELSE UNLESS FOR THE PURPOSES OF ADVISING IN RELATION TO OUR DUTIES - FOR EXAMPLE OUR LEGAL SERVICES TEAM IF WE ARE CONSIDERING FORMAL ACTION. WE WILL NOT USE YOUR INFORMATION FOR ANY MARKETING PURPOSES.

 

HOW DO WE STORE YOUR INFORMATION AND FOR HOW LONG?

The information we collect is mostly stored securely electronically, with some documents (for example plans) being stored as paper documents in the basement of the Council offices in Lyndhurst.

 

Tenant Housing Enforcement Service Request

We will hold the data collected normally for a period of 7 years (or where a legal notice served the data will be kept for 10 years).

Private Sector Landlords and Letting Agents

We will hold the data collected normally for a period of 10 years (or until satisfactory completion of works listed on a legal notice served if this is longer). Where the Council have to undertake these works on behalf of an owner or letting agent the data will be retained until the resulting invoice is repaid (if this is longer than 10 years).

Owner Occupier Housing Enforcement Role

We will hold the data collected normally for a period of 7 years (or 10 years where a formal Housing Act Notice is served).

Disabled Adaptation Funding

We will hold the completed application forms and other grant/loan information for the duration of the grant conditions and/or until the loan is repaid whichever is greater. This is to ensure compliance with the grant conditions and/or repayment terms of the loan. If a notice needs to be served to resolve any repairs or improvements needed the data will be retained for 10 years.

Home Repair Loans

The completed application forms and other loan information will be retained until the loan is repaid to monitor compliance with the associated conditions and terms of repayment.

Charitable Funding

We will hold the information you provide for the duration of the associated Council grant conditions or until the associated Council loan is repaid.

 

WHEN AND WHY WE SHARE YOUR INFORMATION

We do not share your information with anyone else unless we are required to do so by law or it is necessary to provide our services to you.

Below is a list who we may share your information with:

table

TENANT HOUSING SERVICE REQUEST

Shared with

What and why

Internal

Benefit Checks

We may check with our Housing Benefit and Council Tax teams to verify tenant and landlord details.

Building Control

We may need to pass on information to Building Control - for example in relation to works forming part of legal notice needing approval to ensure the works meet the required standards.

Development Control

We may need to pass on information, for example in relation to works forming part of a legal notice needing approval to ensure the works meet the required standards (outside the National Park Authority).

Local Land Charges

We share information with local land charges where a formal notice is served. In addition where the Council have to undertake works on behalf of the landlord or letting agent the details are also recorded on the Local Land Charges.

Legal Services

We may share information with legal services if we are considering taking legal action against a landlord, to enable them to offer advice.

Housing Options

If the standard of your accommodation is very poor it may be appropriate to consider temporary rehousing for you. In these circumstances we will share your information with our Housing Options Team to assist. If you have concerns about the nature of your tenancy agreement or harassment etc. your details will be referred to Housing Options for advice in this respect.

Housing Maintenance

If you are a council tenant we will need to liaise with the Housing Maintenance team to discuss any repairs required.

Safeguarding

If you are at risk from any form of abuse (for example physical or emotional), we will have a duty to pass this information to our Safeguarding Team for investigation.

External

Contractors

If your landlord doesn't co-operate and undertake the works requested in a formal notice we may need to organise this and then charge your landlord. In these circumstances we would need to share information with the appointed contractor.

Development Control New Forest Park Authority

We may need to pass on information, for example in relation to works forming part of a legal notice needing approval to ensure the works meet the required planning standards.

Landlord and Letting Agent

We will need to liaise with your landlord and/or letting agent and share information regarding both your tenancy and the works required.

Land Registry

To verify ownership we may check the address details on the land registry. Only the address would be needed for this, and no mention would be made of your name or any other personal details.

Hampshire Fire and Rescue Service (HFRS)

If we have concerns relating to the fire precautions in your home we may discuss the details with HFRS for advice. If your home is a house in multiple occupation (for example a bedsit with shared facilities) we have seek advice from HFRS to comply with legislative requirements.

Other Enforcing Bodies

In some situations we may need to share information with other enforcing bodies (for example the Health and Safety Executive).

Court Service

We may need to contact the Courts where a landlord or letting agent fails to comply with a notice and formal prosecution is pursued.

Immigration Authority (IA)

When requested by the IA we provide a report to them regarding the suitability of a property for occupation by a particular person or family.

Occupation Checks

Where the property maybe a house in multiple occupation we may need to check the historical occupation (for example via the Department of Work and Pensions).

Notice Register

Where a formal notice is served, the notice will form part of a register available for public inspection. The notice will include your name and address as an interested party.

Rogue Landlord Register

In some circumstances we may need to register the details of your rented property address and details of the property owner on a Rogue Landlord Register. This is to enable all other Local Authorities to be aware.

PRIVATE SECTOR LANDLORD AND LETTING AGENTS

Shared with

What and why

Internal

Benefit Checks

We may check with our Housing Benefit and Council Tax teams to verify tenant and landlord details.

Building Control

We may need to pass on information to Building Control - for example in relation to works forming part of legal notice needing approval to ensure the works meet the required standards.

Development Control

We may need to pass on information - for example in relation to works forming part of a legal notice needing approval to ensure the works meet the required planning standards (where the property is the NFDC area but not the National Park).

Local Land Charges

We share information with local land charges where a notice is served to record the details.

Legal Services

We may share information with legal services if we are considering taking legal action against a landlord, to decide about the most appropriate penalty action (for example prosecution, civil penalty notice).

Housing Options

In some circumstances (for example if a Prohibition Order is served) it may be necessary to find temporary rehousing for your tenant. If this is necessary we will share your information with our Housing Options Team to check your liability for payment of rent. In addition if your tenant has concerns about the nature of the tenancy agreement or harassment the details will be referred to Housing Options for advice in this respect.

Legal Services

Your data may be shared with our Legal Services team for advice in relation to any legal action (for example non-compliance with a formal notice).

External

Contractors

If a landlord doesn't co-operate and we need undertake the works requested in a formal notice we may need to organise this in your default and charge you for both the cost of the works and our involvement. In these circumstances we would need to share information with the appointed contractor.

Development Control New Forest Park Authority

We may need to pass on information, for example in relation to works forming part of a legal notice needing approval to ensure the works meet the appropriate planning standards (where the property is in the National Park).

Other Parties involved in the tenancy

We may need to liaise with other parties involved in the tenancy (for example a letting agent or your tenant) and share information regarding both the tenancy agreement and the works required.

Land Registry

To verify ownership we may check the address details on the land registry.

Hampshire Fire and Rescue Service (HFRS)

If we have concerns relating to the fire precautions in your tenant's home we may discuss the details with HFRS for advice. Where the property is a house in multiple occupation (for example a bedsit with shared facilities) we are legally required to discuss the proposed fire precaution works with HFRS.

Other Enforcing Bodies

In some situations we may need to share information with other enforcing bodies (for example failing to provide a landlord's gas safety certificate where the Health and Safety Executive is the enforcing authority).

Court Service

We may need to contact the Courts where a landlord or letting agent fails to comply with a notice and formal prosecution is pursued.

Immigration Authority (IA)

When requested by the IA we provide report regarding the suitability of a property for a particular person or family. This report will be shared with the IA.

Occupation Checks

Where the property maybe a house in multiple occupation we may need to check the historical occupation (for example via the Department of Work and Pensions or a Credit Agency).

Notice Register

Where a formal notice is served, the notice will form part of a register available for public inspection.

Rogue Landlord Register

In some circumstances we may record your personal details and property information on the Rogue Landlord Register, so that other Local Authorities are aware of your status.

OWNER OCCUPIER HOUSING ENFORCEMENT ROLE

Shared with

What and why

Internal

Building Control

We may need to pass on information to Building Control - for example in relation to works forming part of legal notice needing approval to ensure the works meet the required standards.

Development Control

We may need to pass on information, for example in relation to works forming part of a legal notice needing approval to ensure the works meet the required standards.

Local Land Charges

We share information with local land charges where a notice is served. In addition where the Council have to undertake works either in default or by agreement the details are also recorded on the Local Land Charges.

Legal Services

We may share information with legal services if we are considering taking legal action to enable them to offer advice.

Safeguarding

If you are at risk from any form of abuse (for example physical or emotional), we will have a duty to pass this information to our Safeguarding Team for investigation.

External

Contractors

If we arrange to undertake works in default of a notice or by agreement on your behalf we would need to share information with the appointed contractor.

Development Control New Forest Park Authority

We may need to pass on information, for example in relation to works forming part of a legal notice needing approval to ensure the works meet the required planning standards.

Land Registry

To verify ownership we may check the address details on the land registry.

Hampshire Fire and Rescue Service (HFRS)

If we have concerns relating to the fire precautions in your home we may discuss the details with HFRS for advice.

Notice Register

Where a formal notice is served, the notice will form part of a register available for public inspection.

DISABLED ADAPTATION FUNDING

Shared with

What and why

Internal

Benefit Checks

We will check with our Housing Benefit & Council Tax teams to verify receipt of benefits as part of the grant/loan means test to assess eligibility.

Building Control

We may need to pass on information to Building Control in relation to works forming part of a grant or loan needing approval to ensure the works meet the required standards.

Development Control (NFDC)

We may need to pass on information, for example in relation to a proposed extension which is part of a grant or loan, where there may be planning implications.

Local Land Charges

We share information with local land charges to register the grant and/or loan to monitor compliance with the associated conditions and loan repayments.

Legal Services

We may share info with legal services if we are considering taking legal action, to enable them to offer advice (for example if we believe an application has been made fraudulently.

Finance Team

The name and address of the payee, the method of payment and your address will be shared with our Finance Team to organise payment of the grant and/or loan.

Housing Options

In some circumstances it may not be possible to adapt your home and if you meet our eligibility criteria we may be able to help re-house you. To proceed with a rehousing application we will need to share your housing and disability needs with our Housing Options Team.

External

Hampshire County Council (HCC)

We may need to share your information with the HCC Social Services teams to ensure the proposed works funded by the grant and/or loan meets your disability needs. If you need items of equipment to assist with your disability & these are to be provided by the Hampshire Equipment Service provided by HCC, we may share your personal details to ensure the most appropriate equipment is provided.

Hampshire Fire and Rescue Service (HFRS)

We may share information with HFRS if there are possible fire safety works that need to be considered as part of the eligible works included in the grant/loan.

Specialist Advisors

Information regarding the proposed scheme may be discussed with anyone having a specialist role in connection with the grant and/or loan works (for example your Surveyor, Structural Engineer or Asbestos Advisor).

Your Contractor(s)

We will discuss the proposed works and costings with your contractor. In addition if you are assessed as needing to make a contribution to the grant and/or loan this information will be shared with your contractor so that they are aware of the amount to invoice you on completion of the works.

Development Control (New Forest Park Authority)

We may need to pass on information, for example in relation to a proposed extension which is part of a grant or loan, where there may be planning implications.

Other Financial Checks

We may need to contact other institutions holding personal financial information about your (for example the Department of Work and Pensions etc.) to verify other financial details relative to your test of resources (to check eligibility for the grant or loan).

Property Owner

If you are a tenant or a leaseholder we will contact your landlord or freeholder for confirmation of the length of your lease or tenancy, & their permission to undertake the works.

Parity Trust

If you decide to consider a loan from NFDC your personal details will be shared with Parity Trust (who administers loans on our behalf).

HOME REPAIR LOANS

Shared with

What and why

Internal

Benefit Checks

We will check with our Housing Benefit and Council Tax teams to verify receipt of benefits as part of the grant/loan means test to assess eligibility.

Building Control

We may need to pass on information to Building Control in relation to works forming part of a loan needing approval to ensure the works meet the required standards.

Development Control

We may need to pass on information (for example in relation to works to a listed building) which is part of a loan, where there may be planning/listed building implications.

Local Land Charges

We share information with local land charges to register the loan to ensure it is repaid in accordance with the loan agreement and over the agreed term.

Legal Services

We may share information with legal services if we are considering taking legal action, to enable them to offer advice (for example if we receive a fraudulent loan application).

External

New Forest Park Authority Development Control

We may need to pass on information (for example in relation to works to a listed building) which is part of a loan, where there may be planning/listed building implications.

Specialist Advisors

Information regarding the proposed scheme may be discussed with anyone having a specialist role in connection with the works (for example your Surveyor, Structural Engineer of Asbestos Advisor).

Other Financial Checks

We may need to contact other institutions holding personal financial information about your (for example the Department of Work and Pensions etc.) to verify other financial details relative to your test of resources (to check eligibility for the Loan).

Your Contractor(s)

We will discuss the proposed works and costings with your contractor. In addition if you are contributing to the project cost this information will be shared with your contractor so that they are aware of the amount to invoice you on completion of the works.

Property Owner

If you are a leaseholder we will contact your freeholder as for their permission to undertake the works.

Parity Trust

If you decide to proceed with a loan from NFDC your personal details will be shared with Parity Trust (who administers loans on our behalf).

CHARITABLE FUNDING

Shared with

What and why

Internal

Benefit Checks

We may need to check with our Housing Benefit and Council Tax teams to verify receipt of benefits to assess eligibility for a charitable donation.

Finance Team

Where a charity is able to assist they normally pay the money direct to NFDC, and we look after this until it is released for payment direct to the contractor. This involves sharing your name and address and details of amount of charitable funding with our Finance Team.

External

Other Financial Checks

We may need to contact other financial institutions (for example the Department of Work and Pensions etc.) to verify other financial details relative to your test of resources (to check eligibility for a charitable donation).

Your Contractor(s)

We will discuss the proposed works and costings with your contractor. In addition if you are making a contribution yourself to the cost of the works this information will be shared with your contractor so that they are aware of the amount to invoice you on completion of the works.

Property Owner

If you are a tenant or a leaseholder we may need to contact your landlord or freeholder as appropriate for confirmation of the length of your lease or tenancy, and for their permission to undertake the works.

 

WHAT ARE OUR LEGAL GROUNDS FOR PROCESSING YOUR INFORMATION?

With your consent.

Where it is in the public interest to do so.

To ensure that the service we offer meets the legislative requirements and our local adopted policy.

Where it is in the legitimate interest of NFDC to do so - for example where there may be a risk to health and safety.

With your explicit consent or where there is a substantial public interest. For example when dealing with sensitive issues, such as health of financial related issues.

When we rely on your consent or explicit consent and you wish to withdraw this consent, you can do so by contacting us at the address above or on housingimprovements@nfdc.gov.uk.

 

Further information and how to contact us

We work hard to ensure that we only gather information that we need to, to deliver the services that you entitled to in the best way possible.

If you have any questions about this policy please contact us:

Email: housingimprovements@nfdc.gov.uk

Telephone: 023 8028 5151, or

Write to: Private Sector Housing Team
Appletree Court
Beaulieu Road
Lyndhurst
Southampton
Hampshire
SO43 7PA

The Council's Information Rights Policy at newforest.gov.uk/article/18215/gdpr sets out your rights in relation to your personal data, including your rights to see information we hold on you and the other rights you have in respect of how we process your information.

If you are concerned or unhappy with our use of your personal information you have a right to complain to the Information Commissioner's Office (ICO) at https://ico.org.uk, email: casework@ico.org.uk or by telephone: 0303 123 1113.

  • We keep our privacy policy under regular review and we will place any updates on this web page.

 

 

 

 

Updated: 30 Oct 2019
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