The privacy of your tenants: how important is it really?

Protecting tenants’ privacy is a fundamental legal obligation that underpins both the trust you need to build and your compliance obligations.  

While it may not seem as pressing as repairs or rent arrears, breaches of privacy can have significant legal and reputational consequences – so you need to stay on top of them. 

Your tenants’ privacy rights are protected under the Human Rights Act 1998 and the Data Protection Act 2018 (GDPR).  

Article 8 of the Human Rights Act reads as follows: 

Everyone has the right to respect for his private and family life, his home and his correspondence. 

There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society… 

As you can see, this ensures respect for private and family life, making unannounced property visits a clear breach.  

Additionally, failing to handle personal data securely, such as tenancy agreements or financial information, can lead to penalties from the Information Commissioner’s Office (ICO). 

Real-world risks 

Breaching your tenants’ privacy can occur in several key areas, each carrying serious consequences: 

• Unannounced property visits: landlords must provide at least 24 hours’ written notice to enter a tenant’s home, except in emergencies such as fire or flood. Even for routine inspections or maintenance, entering without notice constitutes trespass and a violation of Article 8 of the Human Rights Act. Repeated instances could lead to legal action or formal complaints to the housing ombudsman. 

• Data protection issues: collecting sensitive data, such as tenant references, rent payment histories, and personal identification, comes with strict obligations under GDPR. This data must be securely stored, either physically in locked cabinets or digitally on encrypted systems. Sharing information without explicit tenant consent or failing to protect against data breaches can result in significant fines, often reaching up to £17.5 million or four per cent of annual turnover. 

• CCTV and surveillance concerns: surveillance tools like CCTV can be a useful deterrent against anti-social behaviour, but their use must comply with data protection laws and respect tenants’ rights. Cameras should not be directed at private areas such as windows, gardens, or communal spaces where tenants expect privacy. Landlords must display clear signage and inform tenants about the purpose and extent of surveillance. Any recorded footage must be securely stored and accessible only to authorised individuals. 

• Subletting investigations and privacy: social housing landlords often need to investigate suspected subletting, which can involve verifying who resides at a property. However, these investigations must be carried out lawfully, with respect for tenants’ privacy. Covert surveillance or excessive questioning without evidence can breach privacy laws, leading to disputes and legal claims. 

• Maintenance personnel oversight: when contractors or maintenance staff are hired you must ensure they adhere to the same privacy standards. Allowing unsupervised access without prior tenant consent can result in privacy breaches for which the landlord remains legally accountable. 

If you fail to maintain compliance in these areas, you risk not only financial penalties but also damage to tenant relationships and potentially legal action. Complaints about privacy violations can escalate quickly and can lead to adverse publicity and even intervention from regulators. It is also a professional standard that helps maintain trust and secure positive long-term relationships with tenants.  

Therefore, respecting your tenants’ privacy is vitally important.   

If you need help implementing privacy into your operations, please get in touch with our experts.