HMO Licensing Privacy Notice

Sunderland City Council complies with the Data Protection Act and UK General Data Protection Regulation (GDPR) and is registered with the Information Commissioner's Office (ICO) as a Data Controller. This HMO Privacy Notice explains how personal information is going to be used, what for, who it will be shared with and why.

You are providing your information to Sunderland City Council's Environmental Health Housing team. Find out about the council's Data Protection and General Privacy Notice.

Why we collect personal data about you and how we use your information

We collect and hold personal information about you because the law says we must fulfil the council's duties under Parts 2 of the Housing Act 2004 (opens new window).

We use this information to:

• Determine whether the property is suitable to be licensed under the Act
• Processing your licence application
• Determine whether the proposed licence holder is a 'fit and proper person' to operate a licensable HMO, as defined by the Act
• Maintain a public register of licensed HMOs as required by the Act and its related statutory instruments
• Fulfil the council's statutory licensing enforcement obligations

Legislation Context

• Housing Act 2004
• The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006
• Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007
• The Licensing and Management of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018

Who we share your information with

Information and details about your licence application will be held on a Licensing Public Register pursuant to s232 Housing Act 2004 and as prescribed by the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006. We may provide members of the public an extract of the public register upon request and a full copy of the register can be viewed by appointment in City Hall. Appointments can be booked by emailing RegComp@sunderland.gov.uk

The information may be shared with the internal and external agencies at their request, to identify potential fraud and for the prevention or detection of crime, the capture or prosecution of offenders; and the assessment or collection of tax or duty, namely:

• Northumbria Police
• Tyne and Wear Fire and Rescue Service
• Teams within Sunderland Council, for example Environmental Services, Land and Property Gazetteer, Electoral Services, Housing Benefits, Council Tax, Environmental Crime
• The Home Office to ascertain the right to work
• HM Revenue and Customs
• Database of rogue landlords and property agents under the Housing and Planning Act 2016

How long do we keep your information?

The information shall be retained for as long as the HMO licensing law has effect, typically, the duration of your licence plus seven years, and shall be processed in adherence to your legal rights, including those set out in  Data Protection law. 

Concerns about data protection

If you have a concern about the way we are collecting or using your personal data, we would appreciate the chance to deal with your concerns before making a complaint to the Information Commissioner's Office. You can raise your concern by emailing the Data Protection Office at Data.Protection@sunderland.gov.uk or by calling 0191 520 5555.

You have the right to make a complaint at any time to the Information Commissioner's Office (opens new window). The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.