This guide explains when you could be eligible to claim compensation following a landlord data breach. As a tenant, you may have had to share your personal data, such as your name and email address, with an independent landlord, housing association or letting agent. Legislation is in place to protect your personal data and set out the responsibilities certain parties have with regard to the storing, processing and handling of this data. If this is not adhered to resulting in a breach that affects your personal data and causes you monetary loss and/or psychological harm, you might have grounds to pursue compensation. We set out the eligibility criteria for data breach claims later in our guide.
As the guide progresses, we provide illustrative examples of how a personal data breach could occur if your landlord does not adhere to data protection legislation. We also look at the impact this could have and the evidence you could provide to prove the way you were affected.
Later, we explain what data breach compensation payouts could consist of and how they are calculated.
Finally, you can see why being represented by a data breach solicitor from our panel on No Win No Fee terms could work to your advantage when seeking compensation.
For more information on data breach claims, speak to our advisors today. As part of a free consultation service, you can learn if your experience gives you valid grounds to start a claim. All you need to do is either:
Select A Section
- Landlord Data Breach – Who Could Make A Claim?
- How Could A Landlord Breach Data Protection Laws?
- What Evidence Can Help Support A Landlord Data Breach Claim?
- Examples Of Landlord Data Breach Settlements
- How Could A No Win No Fee Solicitor Help You Seek Compensation For A Data Breach?
- Learn More About Data Breach Claims
Two important pieces of data protection legislation are the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). Article 4 of the UK GDPR identifies three important parties involved in data processing:
- A data subject, an identifiable individual that personal data relates to. In a landlord data breach claim, you would be the data subject.
- A data controller. This party decides how and why personal data is processed.
- A data processor. If a data controller decides not to process data themselves, they could call on a third-party data processor to do it for them.
If data controllers or processors do not meet the requirements set out for them by data protection law, it could potentially result in a personal data breach. This is where a security incident affects the confidentiality, availability or integrity of personal data, as defined by the Information Commissioner’s Office (ICO), an independent public body that protects data freedoms.
Whether it is accidental or intentional, you could have an eligible compensation claim for a personal data breach if these criteria are met:
- The data controller or processor did not uphold their obligations under data protection legislation.
- Their failure caused a data breach that impacted your personal data.
- Because of this breach, you suffered psychological injury, financial damage, or both.
Generally, the time limit for starting a data breach claim is typically six years. However, this limitation is reduced to one year when the claim is against a public body.
You can get more insight into data breach claim eligibility and find out what time limit applies to your case by calling the number at the head of this page.
Personal data refers to any data that can be used to identify you, such as your name, email address, phone number, postal address, and credit or debit card details. These examples highlight how action or inaction could compromise personal data and cause you to suffer financial loss and/or emotional damage.
- Your landlord is planning to sell the house you rent from them. They pass on your full name, address and phone number to potential buyers so they can arrange a viewing with you without getting your permission. As a result of your details being shared with numerous strangers, you are caused significant stress.
- A letting agency acts as a data processor for your landlord and handles rent payments. Because they have outdated and poorly maintained cyber security, your debit card details are stolen in a ransomware attack and used to make fraudulent payments.
- A housing association that owns the property you rent does not lock up its office. Paperwork is stolen, including your rent agreement and other documents with your name, postal address, contact details, banking information and signature. This causes you anxiety and distress and you require time off work causing you lost income.
You can talk to one of our advisors about whether you’re eligible to seek data breach compensation or for more guidance on landlord data breach claims. If you have a valid claim and an advisor could potentially put you in touch with a solicitor from our panel. Just contact our team to learn more.
Your landlord data breach claim needs to be backed up by relevant evidence that a personal data breach occurred and caused you some form of harm. With this in mind, you can gather the following for your case.
- Medical records that act as evidence of psychological injuries.
- Proof of financial losses, including bank statements, credit card statements or receipts.
- A copy of your correspondence with the landlord, letting agency or housing association. It should include details of the breach and could come in the form of a data breach notice letter or an email.
Data controllers need to inform you of a personal data breach that puts your rights and freedoms at risk. This should happen without delay. If you believe a breach has occurred but you have not been contacted, you can reach out to the data controller directly.
If there is no meaningful or adequate response, you could report the breach to the ICO. The ICO may choose to investigate your report. If they do, you could use their findings as evidence.
You could find it help to instruct a data breach claim solicitor from our panel to assist you with collecting evidence to strengthen your case. They have experience handling claims of this nature and could guide you through the process of seeking compensation. Learn more about the services they offer by calling and speaking to one of our dedicated advisors.
A successful landlord data breach claim could see you being awarded compensation for the mental harm caused by the personal data breach. This is non-material damage.
Solicitors can assign a value to your psychological injuries with the assistance of the Judicial College Guidelines (JCG). This is a document consisting of guideline compensation brackets for various mental injuries and levels of severity.
This table features guideline compensation brackets for psychological damage from the JCG. You should note that it is only a guide.
|General Psychological Damage||Severe||£54,830 to £115,730||There are marked difficulties in coping with several aspects of life including work, and education. The prognosis is very poor.|
|Moderately Severe||£19,070 to £54,830||A prognosis with a more positive outlook than for a severe case, despite significant issues across several areas of the person's life.|
|Moderate||£5,860 to £19,070||The affected person has problems that affect several areas of their life. However, there is significant improvement and a good prognosis.|
|Less Severe||£1,540 to £5,860||The amount awarded is affected by the impact on sleep and daily activities as well as how long the person was affected.|
|Anxiety Disorder||Severe||£59,860 to £100,670||A permanent and negative impact on all aspects of life and the affected person cannot work or function at a pre-trauma level.|
|Moderately Severe||£23,150 to £59,860||There will be significant disability for the foreseeable future. However, the prognosis is better, supported by professional help.|
|Moderate||£8,180 to £23,150||The affected person largely recovers. There are no grossly disabling ongoing effects.|
|Less Severe||£3,950 to £8,180||After a recovery period of one to two years, only minor symptoms continue.|
You could also claim if you have suffered material damage, meaning the financial losses caused due to a personal data breach. For example, if you missed work due to the stress of the breach, you could seek compensation for a loss of earnings. This form of damage also accounts for loans taken out in your name on your credit card or money stolen from your bank account.
Talk to an advisor today if you want to learn more about how the value of a data breach claim is calculated.
If you get in touch with our team, they can assess your case for free. After determining whether you have valid grounds to make a landlord data breach claim, they could connect you with a solicitor from our panel.
With years of combined experience handling data breach claims, our panel’s solicitors offer their services under No Win No Fee terms. Through a Conditional Fee Agreement, you could receive a service with no payment for the solicitor’s work:
- During the claim.
- If a claim fails.
Winning the case leads to the solicitor deducting a success fee; a percentage of the compensation awarded to you that has a legal cap applied to it by The Conditional Fee Agreements Order 2013.
Speak To An Expert
You can talk to us to learn more about claiming for the effects of a landlord data breach. To reach them, you can:
Some further guides from us:
- Learn how to claim if an estate agent data breach affects your personal data and causes you to suffer monetary loss and/or mental harm.
- Find out whether you could make a solicitor data breach claim and the process involved in doing so.
- Information on what to do if a mortgage provider data breach occurs and you are affected.
- Information from the government website about making a complaint following a data protection breach.
- Helpful data security incident trends based on incidents that have been reported to the ICO.
- Guidance on dealing with data breaches from the National Cyber Security Centre.
Thank you for reading our guide to claiming compensation for a landlord data breach. Please call if you have questions or want to discuss your potential claim.