Housing Regulatory Services privacy notice

Our service

This privacy notice explains how we use information in our work as a Local Housing Authority with respect to our private sector housing functions.

The service manages:

The Housing conditions service

This means that we inspect private homes for and make enforcement decisions with respect to housing conditions under Parts 1 and 4 of the Housing Act 2004, including all regulations and orders made thereunder as well as other statutory instruments that apply.

The licensing of Houses in Multiple Occupation (HMOs)

This means that we process and make decisions in relation HMO licence applications and ensure compliance with licence conditions under Part 2 of the Housing Act 2004.

We are required by law to keep and produce some information on registers of HMO Licences in force as well as current Temporary Exemption Notices and Management Orders in accord with Section 232 of the Housing Act 2004 and Regulations 11 to 13 of The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006. 

We have also adopted a borough-wide scheme which applies to smaller HMOs not covered by mandatory licensing.  We may publish all of or an extract of these registers as set out by those regulations. The contents of the register must be made available for inspection by members of the public at all reasonable times and the Council must supply a person requesting it with a copy of the register or of an extract from it.

Rogue landlords’ database

The national government and Greater London Authority maintains a public register of landlords and agents convicted or who receive financial penalties for certain housing related offences. The Council will supply names and addresses of landlords and agents, together with details of the offences, to this database when it is appropriate to do so. There is a right to make representations on a case-by-case basis. Publication decisions will be made on the basis of fairness and public interest and will not be made maliciously.

As part of our work we collect personal and property data.

Personal information collected

  • Name
  • Address & contact details
  • DOB
  • Financial information
  • Equalities Information
  • Criminal/Prosecution Information 
  • Health/Medical Information  
  • Housing Information  
  • Employment
  • Family/Relationship Information
  • Information from the Local Authority from where you live and previously lived
  • Referral/Assessment Information
  • Images in photographs or film/CCTV
  • Property information

How we collect the information

In connection with our duties as a local housing authority: 

Information is gathered through on-site inspections, including the taking of notes, photographs and witness statements where appropriate. We also gather information from the Land Registry and the Council’s Local Land Charges Register, planning and building control records.

We may access and reference Council Tax and Housing Benefit records held by this and other Councils and information from the Fire and Rescue Services, Police, HM Revenue and Customs, HM Court and Tribunal Service and UK Border Agency.

We may require information and documents pursuant to the Housing Act 2004 and Local Government Miscellaneous Provisions Act 1976. We may request from any other person and organisation, the disclosure of any personal data under Schedule 2 Part 1,para (2)(1) of the Data Protection Act 2018 (crime & taxation) and Schedule 2 Part 1, para (5)(3) of the Data Protection Act 2018 (by law etc. or legal proceedings)

HMO Applications

For HMO licence applications as well as the information referred to above, we collect:

  • the name, address, telephone number and e-mail address and dates of birth of the applicant; the proposed licence holder; the person managing the HMO; the person having control of the HMO and any person who has agreed to be bound by a condition contained in the licence
  • details of any relevant unspent convictions
  • details of any finding by a court or tribunal against the proposed licence holder or manager that he has practised any relevant unlawful discrimination in, or in connection with the carrying on of any business
  • details of any contravention on the part of the proposed licence holder or manager of any provision of any enactment relating to housing, public health, environmental health or landlord and tenant law which led to civil or criminal proceedings resulting in a judgement being made against him or her
  • information about other legal ownership or interests in the property
  • the address of the HMO for which the application is being made
  • the type of HMO for which the application is being made
  • details of other HMOs or houses that are licensed under Part 2 or 3 of the Housing Act 2004 in respect of which the proposed licence holder is the licence holder, whether in the Council’s area or in the area of any other local housing authority
  • information about the HMO including the provision of certain standard amenities and the names of the occupants and the rooms they occupy
  • membership of accreditation schemes or landlord’s associations
  • information about compliance with other statutory requirements
  • details of fire precautions equipment in the HMO and of fire escape routes and fire safety training provided to occupiers
  • a declaration that the furniture in the HMO that is provided under the terms of any tenancy or licence meets any safety requirements contained in any enactment
  • a declaration that any gas appliances in the HMO meet any safety requirements contained in any enactment.
  • information about any HMO or house the proposed licence holder or manager owns or manages or has owned or managed which has been the subject of any enforcement action described in section 5(2) of the Housing Act 2004
  • information about any HMO or house the proposed licence holder or manager owns or manages or has owned or managed for which a local housing authority has refused to grant a licence under Part 2 or 3 of the Housing Act 2004, or has revoked a licence in consequence of the licence holder breaching the conditions of his licence
  • information about any HMO or house the proposed licence holder or manager owns or manages or has owned or managed that has been the subject of an interim or final management order under the Housing Act 2004
  • Copies of plans, gas safety records, electrical installation condition reports, portable appliance tests, fire alarm, emergency lighting and energy performance certificates and tenancy agreements

Why we collect this information

  • to assess your application for a license for house in multiple occupation (HMO) in line with requirements under the Housing Act 2004 and associated statutory instruments
  • in connection with the investigation of Houses in Multiple Occupation further to complaints, allegations or referrals made of breaches of the relevant law
  • in response to complaints of disrepair, overcrowding and other poor conditions or nuisance in private sector housing accommodation including HMOs for the performance of the Council’s statutory duties with respect to housing and public health
  • for the collection of survey and other data in relation to the Council’s statutory duties with respect to housing and public health
  • in relation to the service of statutory notices and the making of orders including those requiring further information or with respect to works carried out by the Council in default of a person and the recovery of costs
  • when working with other Council departments or services or those of another council, agency or organisation on strategic policies
  • to make decisions about the licensing of HMOs and in relation to the housing enforcement functions of the Council
  • so that we may contact customers who use our service to see how we can improve it

Who we share the information with

  • Police 
  • London Fire Brigade
  • Health Agencies
  • HM Court and Tribunal Service
  • Council legal service
  • Legal representatives 
  • Expert Witnesses 
  • Home Office
  • The Department for Business, Energy and Industrial Strategy (BEIS)
  • Her Majesty’s Revenue and Revenue (HMRC)
  • Department of Work and Pensions (DWP)
  • UK Border Agency
  • National and Greater London Authority (rogue landlord registers)
  • Council services - Local Land Charges; Building Control; Revenues and Benefits; Planning Services; Customer Services and the Corporate Anti-Fraud Team
  • The Barnet Group including Barnet Homes
  • Other local authorities
  • Relevant and other persons as defined by Schedules 1-7 of the Housing Act 2004 in connection with the service of statutory notices, the making of orders and the processing and issuing of HMO licences

Legislation that applies

  • Housing Acts 1985,1996 and 2004
  • Housing Grants, Construction and Regeneration Act 1996
  • Housing and Planning Act 2016
  • Smoke and Carbon Monoxide Alarm (England) Regulations 2015
  • Energy Act 2011
  • Environmental Protection Act 1990
  • Public Health Act 1936
  • Public Health Act 1961
  • Building Act 1984
  • Caravan Sites and Control of Development Act 1960
  • Mobile Homes Act 2013
  • Local Government (Miscellaneous Provisions) Acts 1976
  • Local Government (Miscellaneous Provisions) Act 1982
  • Any regulations, orders or other relevant statutory provisions made under the above.

How long we keep your information

In most circumstances, we retain your information for 10 years. All exceptions to this are outlined below:

  • Paid for services - housing inspections we retain your information for 5 years
  • HMO Licensing data base we retain your information for 5 years
  • List of residents interested in buying empty properties we retain your information for 5 years
  • Freedom of Information & Subject Access Requests & Environmental Information requests we retain your information for 5 years