House in Multiple Occupation (HMO) Licensing

The Council collect personal information about you in order to fulfil its statutory obligations, with regards to HMO licensing enforcement.  The legal basis for this processing is a legal obligation to which the controller is subject.  This information is required under the Housing Act 2004.  The Act also changes the way local authorities risk assess housing conditions. The council inspects the condition of properties using a risk assessment approach called the Housing Health and Safety Rating System.

Health information, gender and ethnicity is classed as ‘special category’ data, and is processed in accordance with Article 9(2)(h), health & social care purposes;  criminal record is also classed as special category data, and is processed in accordance with Article 10, ‘processing of personal data relating to criminal convictions and offences’.

If you privately rent out a HMO property within the Borough and are not exempt under the provisions, you are legally required to comply with the Housing Act 2004 and provide the information listed below in order to hold a licence.

The data collected to fulfil the HMO licensing function on behalf of:

• The applicant;
• The proposed licence holder;
• The person managing the HMO or house;
• The person having control of the HMO or house;
• Any person who has agreed to be bound by a condition contained in the licence;
• The address of the HMO or house for which the application is being made.

is:

• Name;
• Contact details;

• Details of any unspent convictions that may be relevant to the proposed licence holder’s fitness to hold a licence, or the proposed manager’s fitness to manage the HMO or house, and, in particular any such conviction in respect of any offence involving fraud or other dishonesty, or violence or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003(a);
• Details of any finding by a court or tribunal against the proposed licence holder or manager that he has practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origin or disability 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.

The council will share your information with HMRC, Emergency Services, information will be published on the Public Register (edited version), departments internal to the council, including Building Control.

The council will retain your information for the life of the license or until the property is no longer a HMO.

Housing Standards Enforcement

The data collected to manage complaints and carry out enforcement is:

• Name;
• Contact details;
• Landlord / agent contact details;
• Personal circumstances;
• Health issues where appropriate;
• Images where appropriate;

It is likely to be made up of information:

• From a complainant;
• From the tenant;
• From other agencies, I.e., Social Services;
• Internal departments to the Council, I.e., Housing Options, Financial Inclusion Team;
• Emergency Services.

This information will be shared by members of staff in Private Sector Housing:

Complaints / Enforcement Depending on the circumstances of the case, the council will share information with departments internal to the council including Housing Options & Legal, Bromsgrove District Housing Trust, Emergency Services, and outcomes will be shared with the owner of property, the tenant, freeholders and managing agents.

Complaints / Enforcement Information relating to the property is retained for historic purposes.

This information will not be shared/sold to any other service/organisation unless we have a duty to do so under law. This data will not be transferred outside of the EEA.

No decisions around this data are made by automated means.

Details of all your rights can be found here