Privacy Notice – Private Sector Housing Standards and Enforcement

Private Sector Housing Privacy Statement

Housing Standards and Enforcement – Test Valley Borough Council

Purpose of this Privacy Statement

This statement explains how we collect, use and protect personal data when delivering Housing Standards and Enforcement services, including responding to housing complaints, taking enforcement action, administering licensing and fit and proper person applications, and investigating long term empty homes.

What Data We Collect

We may collect the following types of personal information:

  • Tenant details: name, address, date of birth, contact information, tenancy agreements, health information (where relevant to housing conditions).
  • Landlord/Agent details: Name, address, contact information, property ownership details, management arrangements.
  • Property Information: address, condition reports, photographs, inspection notes, compliance documentation, leasehold agreements, mortgage information.
  • Financial Information: evidence of income, rent/mortgage payments (where relevant to enforcement or licensing), information regarding rent/mortgage arrears, benefit documentation and bank statements.
  • Licensing Data: data associated with licensing applications, including HMO Licensing, Camping and Caravan Site Licensing and Fit and Property Person applications documents.  This may include financial information about the suitability of the proposed license holder to manage a property or site, Criminal Record Checks, Personal Identification, Public Liability Insurances, accreditation memberships and any other supporting documents, certificates (gas safety electrical safety, EPC).
  • Correspondence: e-mails, letters and records of communication with landlords, agents, tenants and contractors.  This may include text messages and WhatsApp messages.

Why We Collect this Data

We collect and process this information to:

  • Investigate housing complaints and hazards under the Housing Act 2004 (including Housing Health & Safety Rating Systems assessments) and investigation of long-term empty homes.
  • Enforce housing standards, including serving notices, imposing civil penalties and taking legal action.
  • Administer HMO Licensing under Part 2 of the Housing Act 2004.
  • Ensure compliance with related legislation, including:
    • Minimum Energy Efficiency Standards (MEES) under the Energy Efficiency (Private Rented Property) Regulations 2015.
    • Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
    • Smoke and Carbon Monoxide Alarm Regulations.
  • Protect public health and safety by addressing hazards such as damp, mould, excess cold and fire risks.

Legal Basis for Processing

We process personal data under the following gateways:

Public Task – Article 6(1)(e) General Data Protection Regulation – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Legal Obligation – Article 6(1)(c) General Data Protection Regulation – processing is necessary for compliance with a legal obligation to which the controller is subject.

Should we need to access information in relation to health, this is processed under Article 6(1)(e) General Data Protection Regulation (processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller) and Article 9(2)(g) (processing is necessary for reasons of substantial public interest which shall be proportionate to the aim pursued) and Schedule 1 of the Data Protection Act 2018.

Who We Share Data With

We may share data with other Council Departments, including:

  • Housing Options
  • Council Tax and Revenues
  • Planning and Building Control
  • Environmental Health
  • Legal and Democratic Services

We may share data with external agencies such as:

  • Hampshire County Council, Emergency Services or Contractors engaged for remedial works.
  • Government bodies for reporting purposes (e.g. Ministry of Housing, Communities and Local Government (MHCLG).
  • Courts and Tribunals where legal enforcement is pursued.

We will not share your data for marketing purposes.

How Long We Keep Data

Data is retained in accordance with our corporate retention schedule, typically:

  • Housing Enforcement Case Files – 6 years after case closure.
  • HMO Licensing Records – Duration of Licence plus 6 years.

Handling of Photographs and Inspection Notes

Photographs and inspection notes are collected during property inspections for evidential purposes.  These records help us to assess housing conditions and support enforcement decisions.  They are processed under our public task and legal obligations, stored securely, and only shared where necessary for enforcement, legal proceedings or as required by law.

Civil Penalties and Public Record

Civil penalties, prosecutions and certain enforcement notices may become part of the public record as required by law.  In some cases, these may be published in accordance with statutory guidance to ensure transparency and compliance with housing legislation.

Relevant Legislation and Compliance

Our activities are governed by a range of current and future legislation to ensure compliance and protect renter’s rights.  Key legislation includes:

  • Renters Rights Act 2025 – introduced major reforms including the abolition of Section 21 ‘no fault’ evictions, all tenancies becoming periodic, implementation of the Decent Homes Standard for private rentals, mandatory Private Rented Sector Ombudsman, landlord registration on a central database, and the extension of Awaab’s Law requiring strict timeframes for addressing hazards such as damp and mould.
  • Housing Act 2004 – provides powers for Housing Health and Safety Rating System (HHSRS) assessments, enforcement notices and licensing of Houses in Multiple Occupation (HMO’s).
  • Homes (Fitness for Human Habitation) Act 2018 – ensure properties are fit for occupation.
  • Minimum Energy Efficiency Standards (MEES) under the Energy Efficiency (Private Rented Property) Regulations 2015.
  • Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
  • Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022.
  • Protection from Eviction Act 1977 – safeguards tenants from unlawful eviction or harassment.
  • Tenant Fees Act 2019 – restricts fees charged to tenants.

Future compliance will include full implementation of the Decent Homes Standards and the Private Rented Sector Ombudsman under the Renters’ Rights Act, including any additional data handling requirements introduced by the Act.

Your Rights

You have rights under Data Protection law, including:

  • You can access your personal data,
  • You can request correction of inaccurate data.
  • You can request erasure of data (where applicable).
  • You can object to processing (in certain circumstances).

Test Valley Borough Council is the Data Controller for the purposes of data protection legislation.  For more information, visit our Data Protection page or contact the Council’s Data Protection Officer.

GDPR Privacy Statement | Test Valley Borough Council

DPO@testvalley.gov.uk

Contact Details

Private Sector Housing Team

Test Valley Borough Council

Beech Hurst

Weyhill Road

Andover

SP10 3AJ

E-mail – phousing@testvalley.gov.uk

Tel – 01264 368000