Landlord Data Breach Guide – Compensation Claims
In this article, we look at when you could be eligible to claim compensation following a landlord data breach that affected your personal data and resulted in you experiencing monetary damage and/or emotional harm. A private landlord, the housing association or local authority, or an estate agent that manages rental properties all have a responsibility to adhere to data protection laws and protect your personal data. As we move through this guide, we look at the personal data they could hold, how it could be breached, the effects it could have, and the compensation that could be awarded to address the impact you suffered.
Landlord Data Breach Guide – Compensation Claims
Additionally, this article will provide you with some examples of the evidence you could use to support your data breach claim and concludes with a look at how you could have the support of a No Win No Fee solicitor who specialises in data breach claims.
Contact one of the advisors from our team if you would like to discuss your potential claim further. They’re available 24/7 to offer free advice about your potential options following a compromise in your personal data. To speak with a team member:
- Call 020 3870 4868
- Fill in our ‘claim online‘ form and a team member will call you back.
- Connect via our live chat.
Select A Section
- Landlord Data Breach Guide – Compensation Claims
- What Tenant Data Could Landlords Hold?
- What Evidence Do You Need To Make A Claim?
- How Data Breach Claims Are Valued
- How To Get Help From A No Win No Fee Solicitor
- Read More About Claiming For A Landlord Data Breach
Landlord Data Breach Guide – Compensation Claims
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 set out how personal data is to be protected by those that handle, store, and process it. Additionally, these two laws set the requirements to claim data breach compensation.
Under Article 82 of the UK GDPR, this is set as:
- The breach must have occurred because the data controller (usually an organisation that decides why personal data is processed and how to go about processing) or processor (a processor may be instructed by the controller to process data on their behalf) failed to comply with data protection legislation. This could have occurred through human error or as a result of criminal activity, such as the theft of an unencrypted device.
- This breach must have compromised your personal data.
- As a result of this compromise in your personal data, you suffered harm. This could be a financial loss, such as funds taken from your bank account, or damage to your mental health, such as anxiety after a data breach.
How Much Time Do You Have To Claim Compensation?
How long you have to initiate proceedings for the landlord data breach will depend on who your landlord is. This is because the time limit for data breach claims is generally 6 years. However, this is reduced to 1 year if you are claiming against a public body, such as the local authority.
Call for further guidance on when you could be eligible to pursue compensation, and how long you have to do so.
What Tenant Data Could Landlords Hold?
Personal data is any information that can identify you as the data subject, either directly (such as your name) or indirectly (such as your rent account number). Examples of personal data that your landlord may hold includes:
- Name
- Birthdate.
- Home address.
- Phone number.
- Email address.
- Bank account number and sort code.
Additionally, some personal data that your landlord may process might be considered special category data due to its sensitive nature. This may include your racial or ethnic origin, or biometric data where used for identification purposes.
If your personal data has been compromised in a landlord data breach, speak with an advisor from our team.
What Evidence Do You Need To Make A Claim?
As with any other type of compensation claim, your data breach claim will need supporting evidence. Evidence is vital in proving liability as well as the harm you suffered. This may include:
- Findings from an investigation conducted by the Information Commissioner’s Office (ICO). The ICO is an independent body that upholds information rights in the UK. Part of their role entails investigating personal data breaches which they define as a security incident that affects your personal data’s availability, integrity, and confidentiality. If their findings support your case, you could use them as evidence.
- The letter of notification. An organisation that breaches your personal data must inform you without undue delay if this security incident presents a risk to your freedoms and rights.
- A copy of your medical records if you are claiming for damage to your mental health.
- Your bank statements or a credit report could be used to prove financial harm.
Speak with an advisor to discuss what evidence you could submit to prove you suffered harm due to a landlord data breach.
How Data Breach Claims Are Valued
If you successfully claim because your personal data was compromised in a landlord data breach, your settlement could include compensation for two types of damage: non-material and material damage.
Non-material damage refers to the mental harm that the data breach has caused. Legal professionals may refer to the compensation brackets found in a document titled the Judicial College Guidelines (JCG) to help them value emotional suffering. This document provides guideline compensation figures for different mental health injuries.
Compensation Table
Our table below looks at a few figures given for emotional suffering from the 16th edition of the JCG. Due to the differences between claims, it is only to be used for guidance.
| Type of Mental Harm | Severity | Details | Compensation Bracket – Guidelines |
|---|---|---|---|
| General Psychological Damage | Severe | In these cases, the harmed party cannot cope with life, education, work and relationships in general. The prognosis is very poor. | £54,830 to £115,730 |
| Moderately Severe | In this category, the claimant suffers significant problems coping with life and relationships, but the prognosis is more positive than in more severe cases. | £19,070 to £54,830 | |
| Moderate | At this severity, the claimant has suffered similar problems to the above categories, but they’ve experienced marked improvements. The prognosis is good. | £5,860 to £19,070 | |
| Less Severe | Awards in this severity consider how long the claimant’s disability lasted and the extent it impacted their daily life and sleep. | £1,540 to £5,860 | |
| Post Traumatic Stress Disorder (PTSD) | Severe | In these cases, the claimant suffers permanent symptoms badly impacting all areas of their life. | £59,860 to £100,670 |
| Moderately Severe | The claimant may experience some recovery with professional help, however, the symptoms cause a significant disability with an impact that lasts into the future. | £23,150 to £59,860 | |
| Moderate | At this severity, although there may be some continuing symptoms, these won’t have a major impact. | £8,180 to £23,150 | |
| Less Severe | The claimant may experience minor symptoms beyond 2 years, but overall, has made virtually a full recovery. | £3,950 to £8,180 |
Material Damage
You can also claim for material damage, which refers to any damage to your finances caused by the compromise of your personal data. For example, criminals may take out a credit card in your name and negatively impact your credit score. You could recover these funds and harm to your credit score. However, you will need to submit evidence, such as credit reports and bank statements.
If you have any questions about how your compensation could be calculated in a claim for a landlord data breach, contact one of our team members.
How To Get Help From A No Win No Fee Solicitor
If you are eligible to seek compensation for a landlord data breach, you may wish to do so with the support of a solicitor. If so, one of the data protection breach solicitors from our panel could provide their legal representation. They generally use a Conditional Fee Agreement (CFA) to work on claims. This is a type of No Win No Fee agreement.
Under this type of agreement, you usually won’t be asked to pay any upfront or ongoing fees towards your solicitor’s work on your case. Furthermore, if you’re not awarded compensation after an unsuccessful claim, your solicitor won’t charge you for their services.
Should the outcome of your claim prove positive, your solicitor will subtract a success fee from your compensation. This amount is a percentage that is subject to a legal limit.
Speak To Us If You Suffered A Landlord Data Breach
Get in touch with one of our team members to discuss how your personal data was compromised in a landlord data breach. Additionally, if you meet the data breach compensation eligibility criteria, you could be connected with one of the solicitors from our panel.
To talk about your potential claim:
- Call 020 3870 4868
- Fill in our ‘claim online‘ form and a team member will call you back.
- Connect via our live chat.
Read More About Claiming For A Landlord Data Breach
Here are a few more guides that might be helpful:
- Information about whether you could claim for stress following a data breach.
- Guidance about when you could seek compensation for a stolen paperwork data breach.
- Steps you could take if your data has been breached and guidance on claiming.
You might find these links useful:
- Government guidance on how to make a complaint about a data protection breach.
- Information about finding mental health services from the NHS.
- Guidance from the ICO about taking your case to court for a breach in your personal data.
Thank you for reading our guide on claiming for a landlord data breach. If you have any questions, get in touch with a team member who can help you with any queries.
