Holding personal information of tenants

[nellster100]

Hi all,
Quick question (and apologies if it is a stupid one!)

If a letting agent takes photocopies of photo ID (passport, driving license etc.) as part of their "standard procedure" for a tenant when signing a tenancy agreement, are they in breach of the Data Protection Act in anyway?

Or is it fine to take photocopies and keep on file?

Thanks in advance

[Paul_f]

It's perfectly normal (and indeed a duty of care to the landlord) to take ID, in order for the landlord to make an informed decision as to the prospective tenant's suitability. After the tenancy has ended the records should be destroyed once all liabilities have been resolved.

[Poppy35]

Paul, aside to this question, in your experience is it normal for LA to take same form of ID and proof of ownership from the Client?

I know EA do this as matter of course but LA dont? whats your verdict? our clients sign our T and C which confirms they are legal owner and have permission to let the property but nothing more.

[Paul_f]

You should ID everybody with whom you deal, i.e. both Landlords, Applicants/Tenants, as the Money Laundering Regulations 2007 require you do do a 'risk-based' assessment. Also under the accommodation Agencies Act 1953 you must take instructions from the person authorised to do so; the Act states 'owner' but that is not always the case.

Any substantial sums of money that can't be accounted for i.e. cash, should be treated with suspicion and reported to SOCA (formerly NCIS) without alerting or notifying the person concerned.