Why it matters
What ICO (Information Commissioner's Office) means for a landlord
Most landlords hold ID documents, bank details and referencing information, which makes them data controllers. Many need to pay the data protection fee, and not paying can lead to a fixed penalty, so it is worth using the ICO’s checker rather than guessing. Tenants can also ask for a copy of the data you hold about them, which often comes up in disputes at the end of a tenancy, so a privacy notice and a clear retention rule make those requests easy to answer.
Worked example
How it plays out
Graham holds copies of tenants’ passports, bank details and references for six properties on his laptop. He uses the ICO’s online fee checker and, as it shows he needs to, pays the fee. He writes a short privacy notice explaining what he keeps, why and for how long, gives it to each tenant, and deletes documents from applicants who did not take a tenancy once he no longer needs them.
Common mistakes
Where landlords go wrong
- 01Keeping ID copies and references indefinitely with no reason.
- 02Sharing tenant details with contractors beyond what they need.
- 03Having no privacy notice to give tenants.
- 04Assuming the fee does not apply without checking.
What to do
A short checklist
- Check whether you need to pay the data protection fee.
- Write a privacy notice and give it to every tenant.
- Decide how long you keep applicant and tenant documents.
- Store documents securely, with access limited to people who need them.
Sources
Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.
