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Collecting landlord information

A number of letting agents and landlords in Scotland have raised concerns recently about having to provide the contact details of the landlord client when a letting agent is protecting the deposit on the landlord’s behalf.

This concern is understandable, as there is some confusion over how this data will be used, so to help here is clarification of mydeposits Scotland's approach.

Agent users of our scheme must provide mandatory details about landlord clients when lodging the deposit. It’s only used for administration purposes and to fulfil our legal obligations, and we will not use it for marketing purposes. In all cases we fully respect the Data Protection legislation.

Importantly we will not publish the landlord’s contact details and address on the Deposit Protection Certificate that is passed to the tenant. Instead the agent’s contact details are provided. We must however add the landlord name and their Landlord Registration Number (or its status).

Here’s what we collect…

  • Title
  • Full name
  • Address
  • Email address or telephone number
  • Landlord registration number (or status)
  • Company name (not mandatory)
  • Company number (not mandatory)

Why do we collect the landlord's details?

There are a few main reasons why we need this information:

  1. Part of our legal obligation is to pass the information about deposit protection to the relevant local authority. Having the landlord information makes it easier to administer.
  2. We need to be able to verify the landlord should they contact us; holding the contact details will help eliminate the risks of money laundering and fraud.
  3. If the landlord’s agreement with their agent ends (including if the agent becomes insolvent) then we will need to contact the landlord about the deposit protection. If we don’t have their address then we must write to the rental property, thus risking the tenant receiving personal information anyway.
  4. We will verify with the landlord if we receive a request from their agent to transfer the deposit and to release the deposit to them (As per Regulation 23). We will need to verify that they are still authorised to do so.

Ian Langley – mydeposits Scotland