Tendring District Council | Council housing right to buy

The purpose for this processing

To assess and process applications for the Right To Buy and requests in connection with Right Of First Refusal and Deed of Postponements.

Legal basis for this processing

Article 6 Lawfulness of Processing (Section 1, (a)):

The data subject has given consent to the processing of his or her personal data for one or more specific purposes.

Article 6 Lawfulness of Processing (Section 1, (b)):

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

Article 6 Lawfulness of processing (Section 1, (c))

Processing is necessary for compliance with a legal obligation to which the controller is subject

Article 6 Lawfulness of Processing (Section 1, (e)):

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

Applicable legislation includes: Part V of the Housing Act 1985 (amended by the Housing Act 2004).

What data we collect about you (fields)?

The Council will process the personal information supplied with your Right to Buy application form to assist you with the purchase of your property

The information we will require in order to process application for the Right to Buy will include:

Your name
Your contact information, including telephone number, email address and address, if this is different from the leasehold property
Date of birth
Details of your household members who will be sharing the Right to Buy application
Employment details
Bank account details
Mortgage lender details
Financial information, including income, savings and details of any benefits you receive
Details of anyone authorised to act on your behalf

Sometimes we'll require sensitive personal data or special categories of personal data, for example if you're asking us to use our discretionary powers on the repayment of Right to Buy discount, we may need information about your personal circumstances, such as your health.

How long do we keep your personal data?

Personal information is retained in accordance with the Council’s published Corporate Retention Schedule and other legal obligations.

Who do we share it with?

In the course of processing your RTB application, we will contact various departments in the Council and also forward your details to our external contractors for valuations purposes. This will enable us to:

process your Right to Buy application
make a decision on your application for the service you've requested
confirm to you that changes to your personal data have been updated
comply with the law
seek legal advice or in connection with court proceedings or statutory action to enforce compliance with the lease or when obliged to refer cases to the First Tier Tribunal (Property Chamber) Residential Property for a decision
for the detection and prevention of fraud

We also share personal information, as required, with the Government (Ministry for Housing Communities and Local Government) for research and statistical purposes.

We may also share our information with third parties including:

Police
HMRC
Local authorities, the NHS and Primary Care Trusts
Legal Advisors, the courts and our insurers and auditors
Contractors providing maintenance and other housing related services
Consultants providing services to us
Language translation services
Utility and telephone companies
Mediation partner organisations
External assistance where you have agreed to a referral, e.g. to help with money problems
The Regulator of Social Housing
Credit checking agencies and debt recovery agents
A nominated third party where you have given us your permission
Organisations to carry out payments through a secure service (e.g. to set up a direct debit)
Financial institutions to confirm affordability
Companies that help us mail out newsletters and other publications.

Where it is reasonably suspected that you have or may make a legal claim against the Council details may be shared with our legal service, our insurers and any third party legal advisors we engage.

We may be required or permitted, under data protection legislation, to disclose your personal data without your explicit consent, for example if we have a legal obligation to do so, such as for:

law enforcement
fraud investigations
regulation and licensing
criminal prosecutions
court proceedings

We must protect public funds and may use personal data and data matching techniques to detect and prevent fraud, collect taxes and ensure public money is targeted and spent in the most appropriate and cost-effective way. To do this, your personal data may be shared with other bodies responsible for auditing or administering public funds, including the Department for Work and Pensions, HM Revenue and Customer, the Police and other local authorities.

Your personal data will only be shared with someone we know is acting on your behalf when we have your prior consent to do this.

Where do we get it from?

Individuals themselves (Data subjects) and relevant third parties.

Most of this information will already be held by the Council in connection with your tenancy. Alternatively, it may be supplied with by you as part of your application to purchase the property.

We collect information when you contact us by telephone, in writing, email, submit an online form or if we meet you in person. We also obtain information relating to you, when necessary, from the Land Registry or from a consumer credit reporting agency. We also collect information from other Council service areas, such as Council Tax.

If automated decision making applies to this processing

No automated decision making applies to this process.