Private Sector Housing privacy notice

This Privacy Notice should be read in conjunction with Colchester Borough Council’s Privacy Policy. 

This Privacy Notice provides information on how we process your personal information with regards to all applications relating to licensing of Houses in Multiple Occupation and for the Student Accommodation Accreditation Scheme, Immigration Inspections, paid advisory services for landlords and all of our reactive and proactive enforcement work. 

Houses in Multiple Occupation (HMO) Licensing – New applications, Variations, Renewals and applications for Temporary Exemption Notices

Information collected

• Name
• Address
• Telephone number
• Email address
• Date of birth
• Age
• National insurance number
• Proof of home address – for example utility bill
• Details about the fit and proper person status of the applicant – criminal convictions

Agencies we might share your information with

We may share your name and address with:

• Interested parties – freeholder, manager, managing agent, mortgage companies
• Other internal services – Environmental Protection Team and Council Tax, Planning
• Other Local Authorities where the applicant has advised they manage a licensable HMO 
• External Services – Including, but not only, Fire Authority, Police, UK Border Agency
• SUHomes (at the University)
• Other agencies and partners in the One Colchester Partnership and the Colchester Livewell Neighbourhoods Team

The purpose and lawful basis for processing

The lawful basis for the processing of your personal data is legal obligation. The Council has a legal obligation to grant and enforce licensing for houses in multiple occupation and it does this under the Housing Act 2004 and Regulations issued as part of this.

Certain personal data is required from you in order for Colchester Borough Council to decide whether or not a Mandatory HMO licence shall be granted or refused. We may share it with other organisations such as other Local Housing Authorities or the police, as part of our joint approach to ensuring that HMOs are operated and managed by persons who meet the fit and proper person’s criteria (Housing Act 2004, section 66). We may also use it to ensure that licence conditions are being met and that the HMO is being operated in accordance with other legal requirements. We may also use it for prevention and detection of fraud.

We will keep your personal data safe and secure and will not disclose it to anyone else without your consent, unless we are required by law to do so. Certain data held by this Authority in respect of HMO licensing shall be stored in a Public Register as required by Section 232 of the Housing Act 2004. The information in this Register shall be available to Third Parties.

Public Register information

The information the Council is obligated to publish in respect of each HMO Licence and Temporary Exemption Notice issued under Part 2 of the Housing Act 2004 is as follows:

1. The name and address of the licence holder
2. The name and address of the person managing the licensed property
3. The address of the licensed property
4. A short description of the licensed property
5. A summary of the conditions of the licence
6. The commencement date and duration of the licence
7. Summary information of any matter concerning the licence that has been referred to a First Tier Tribunal (FTT) or to an Upper Tribunal (UT)
8. Summary information of any decision of the FTT or UT that relates to the licensed property together with the reference number allocated to the case by the FTT or UT
9. The number of storeys comprising the licensed HMO
10. The number of rooms in the licensed HMO providing sleeping accommodation living accommodation
11. In the case of a licensed HMO consisting of flats:
    • the number of flats that are self contained
    • the number of flats that are not self contained
12. A description of shared amenities including the numbers of each amenity
13. The maximum number of persons or households permitted to occupy the licensed HMO under the conditions of the licence

Length of time we keep your information

This information is kept for the duration of the licence/TEN and for a further period of five years after the licence/TEN has expired. 

Student Accommodation Accreditation Scheme

Whilst this scheme has closed for new applications, an accreditation certificate is valid for five years from issue.

Information collected

• Name
• Address
• Telephone number
• Email address
• Date of birth
• Age
• National insurance number
• Proof of home address – utility bill
• Details regarding the fit and proper person status of the applicant – criminal convictions

Agencies we might share your information with

SUHomes (at the University)

The purpose and lawful basis for processing

The lawful basis for the processing of your personal data is legal obligation. In order to process applications for student accommodation accreditation schemes we are required to collect the above information. We only collect the minimum amount required and ensure that it is stored securely.

Length of time we keep your information

This information is kept for the duration of the Accreditation Certificate and for a further period of five years after the Certificate has expired. 

Immigration inspections

Information collected

• Name of applicant and of the person immigrating to the UK
• Property address
• Applicants telephone number and email address
• Household’s family make up – gender, ages etc
• Tenancy or occupation arrangements/rent amounts/Housing Benefit payment details etc
• Managing agent’s name, address and contact details
• Passport details for the applicant and the person moving into the UK

Agencies we might share your information with

Home Office and other agencies

The purpose and lawful basis for processing

The lawful basis for the processing of your personal data is contract. In order to process applications for immigration inspections we are required to collect the above information. We only collect the minimum amount required and ensure that it is stored securely.

Length of time we keep your information

This information is kept for a period of seven years from the completion of the case.

Landlord request for paid for advisory service

This is a discretionary service that we provide for a fee at the request of an applicant and on completion of an application form. We may share the information provided on the application form with Colchester Borough Council’s Planning and Building Control departments. The lawful basis for the processing of your personal data is contract.

This information is kept for the period of 7 years from the completion of the case, unless this period is exceeded by the time periods detailed within any of the above specific areas of work, in which case that time period would be relevant.

Other Activity

General Private Sector Housing enforcement activity including reacting to service requests, proactive enforcement activity, empty dwellings and overcrowding, illegal evictions and harassment.

Information collected

• Name of tenant
• Tenant’s address
• Tenant’s telephone number
• Tenants email address
• Tenant’s family make up – sexes, ages etc
• Any vulnerabilities – drug/alcohol/age etc
• Tenancy arrangements/rent amounts/Housing Benefit payment details etc
• Landlord and/or managing agent’s name, address and contact details
• Mortgage company details

Agencies we might share your information with

We may need to share limited information with:

• Interested parties – freeholder, manager, managing agent, mortgage company etc
• Other internal services - Environmental Protection Team and Council Tax, Planning
• Colchester Borough Homes
• External services – including Fire, Police, UK Border Agency
• C360
• Charities/support agencies
• Essex County Council Social Care
• Health/Clinical Commissioning Group or health partners/commissioned health services
• Other agencies and partners in the One Colchester Partnership and the Colchester Livewell Neighbourhoods Team

The purpose and lawful basis for processing

The lawful basis for the processing of your personal data is legal obligation. The Council has a requirement to process the above information in order to comply with its duties under Section 3 of the Housing Act 2004 to keep the housing conditions within the Borough under review and to identify any action that may need to be taken. We only request the minimum amount of information and ensure that is it stored securely.

Length of time we keep your information

Information is kept until the case has been concluded and for a further period of five years from the completion date.

Updates to this Privacy Notice 

We will continually review and update this privacy notice to reflect changes in our processes and procedures, as well as to comply with changes in the law. When such changes occur, we will revise the "last updated" date on this notice. We encourage you to periodically review this notice and to be informed of how we are protecting your information.