Privacy Notice Houses in Multiple Occupation License

 

Arun District Council collects information about you in order to provide you with the following service: issue a House in Multiple Occupation (HMO) License

What information is being collected?

  • We will be asking you for:
    • Your personal details – name, address, contact number, email address.
    • Property ownership details – details of company directors, partnerships or trustees
    • Managing Agent details - name, address, contact number, email address.
    • Mortgage company details
    • Information regarding the property layout, room sizes, type of construction and facilities provided.
    • GAS SAFE registered Landlords Gas Safety Inspection certificate
    • Electrical safety Certificate (Electrical Installation Condition Report / formerly periodic inspection report) obtained in the last 5 yrs) including any Part P certificates on electrical works done since the last inspection.
    • Fire Risk Assessment
    • Fire alarm & emergency lighting maintenance certificate
    • Plan of the property including location of fire safety and detection items
    • In the case of a single tenancy shared house – provide a copy of the tenancy agreement

Why we collect this information?

  • We will use the information for:
    • Your personal details are used to identify you and to ensure that the named license holder is fit and proper. You do not have to provide your contact number or email address but it would help us contact you quickly and to share paperwork electronically in order to spend up your application.
    • Checking ownership of the property and providing appropriate documentation to all interested parties.
    • Checking that all the appropriate safety checks have been carried out in relation to electrics, gas and fire safety.
  • The legal basis for using this information is:
    • The Housing Act 2004
    • The Housing Health and Safety (England) Regulations 2005.
    • The Licensing and Management of Houses in Multiple Occupation (England) Regulations 2006.
    • The Management of Houses in Multiple Occupation (England) Regulations 2006, 2007.
    • The Gas Safety (Installation and Use) Regulations 1998 and any amendments.

Who we might share your information with?

  • We may share your personal information with:
    • West Sussex Fire and Rescue Service – Legal requirement to consult in relation to any required fire safety measures
    • The Council’s Planning and Building Control department to ascertain if the property has the correct planning use and whether any conversion works or alterations have the correct building regulation and planning permission/approval.
    • The Council’s Land Charge Department to record that a license has been issued against the property.
    • Other services within Arun District Council where there is a lawful purpose for sharing data. This might include an investigation by a regulatory function such as for the detection of fraudulent receipt of benefits.
    • We may share the data with Government departments/agencies such as Inland Revenue.
    • Information may be shared with the police to assist them with investigations.
    • Customer satisfaction surveys are undertaken from time to time to ensure that we are meeting our customer’s expectations and to enable us to review what we could do better. Your contact information will only be used in connection with your experience of the Council’s services and will not be used for marketing purposes. If you do not wish to proceed with the survey then you are free to decline. 
    • Information may be shared with adjoining Local Authorities to enable them to fulfil their duties as District or Borough Council.
    • Information will be shared with West Sussex County Council to enable them to fulfil their duties as the County Council.
    • Where there is a legal requirement to hold a public register, this information will be published on the Council’s website.
    • If Arun District Council receives a request, under the Freedom of Information Act (FOI) or Environmental Information Regulations (EIR), to disclose information, they are obliged to do so unless the information is deemed exempt under the Act. We can only withhold information under FOI or EIR if the information falls under one of the exemptions (FOI) or exceptions (EIR) set out in legislation.

What we do with your information?

  • We will:
    • Use the information to process your license application and publish specific information to a public register maintained on the Council’s website, this will include:
      • Name and address of license holder
      • Name and address of person managing
      • Address of the licensed HMO
      • A short description of the licensed HMO
      • Summary of conditions
      • Commencement date and duration of license
      • Summary of any information referred to the residential property tribunal
      • Summary of any information or decisions from the residential property tribunal
      • Number of storeys
      • Number of rooms providing sleeping and living accommodation
      • Description of shared amenities
      • Maximum number of persons or households permitted to occupy
    • Confirm property ownership details.
    • Use your details for correspondence relating to the license and, if successful, for the duration of the license.
    • Retain your details on the Private Sector Housing and Environmental Health IT database.

How long we will keep your information?

  • We will keep your information electronically for 7years from the issuing of the license in order that they are held for the duration of the license and also enable the renewal process upon expiry.
  • If your license application is refused we will keep your application for 1 year from the date of our decision.

Your Legal Rights

You do have some legal rights in respect of the personal information we collect from you. Please see the Privacy Policy page on our website for further details. You can also contact the Council’s Data Protection Officer on: Email: data.protection@arun.gov.uk.

If you have a concern about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office at: https://ico.org.uk/concerns/