What Information can be Collected From Tenants?

One of the reasons Click Property Management recommend engaging a property management company for rental properties are the ever-changing regulations and legislation that must be strictly followed.

As Dunedin’s leading residential property managers, the Click team are always keeping up to date with market laws and regulations. A particularly important area of legislation for landlords & property managers to adhere to is regarding personal information that is legal & illegal to obtain regarding tenants.

The Privacy Act 2020 and Residential Tenancy Act have been amended over recent years, restricting the amount of information that can be collected from tenant applications. Under the Privacy Act 2020 and Human Rights Act, landlords or property managers are not able to ask tenants personal information that may lead to discriminatory actions. Personal information is any information that tells you something about a specific individual.

Private landlords, and property managers for that matter, who may not be aware of the restrictions on personal information collection may be in breach of the Privacy Act and could face fines over $10,000.

If you are a tenant and are asked irrelevant personal information for a rental application i.e. sexual orientation, race, or employment status, this is a breach of the Privacy Act 2020.

The only personal information that tenants should be asked to provide are name and contact information, if the applicant is aged 18 years or older, proof of identity, number of people who will be living at the property and names associated, contact details for landlord and non-landlord references, pet ownership details and proof of ability to pay rent. Most other personal information should never be asked for during the tenancy application process.

Landlords, ensure you are following the Privacy Act and RTA by only collecting information relevant to tenancy applications. Tenants, read about what qualifies as collection of inappropriate personal information below so that you are not unknowingly supplying your personal information.

Engaging Click as your property managers means you can relax while our experienced team find & screen tenants, organise maintenance, repairs, and rent, and provide you with 24/7 access to online reporting. This includes taking the stress away from potential fines and breaches of the privacy act.

Call today on 03 466 7783 to engage Click as your property managers.

Resources:

Privacy Act 2020 Landlord Fact Sheet: https://www.privacy.org.nz/assets/New-order/Your-rights/Rental-sector/09-11-2021-Privacy-Act-2020-Landlord-Factsheet.pdf

Privacy Act 2020 Tenant Fact Sheet: https://www.privacy.org.nz/assets/New-order/Your-rights/Rental-sector/09-11-2021-Privacy-Act-2020-Tenant-Factsheet.pdf