Tenants screening protocol and data protection management process
Nestcare rental agent works strictly within the framework of the Law on Good Landlordship and aims to provide transparency for all parties involved in how the allocation of a rental property is determined. The Protocol we follow is outlined below, which is aimed at preventing (housing)discrimination.
1. Definitions:
Nestcare rental agent (hereafter as “Rental agent”): (An employee of) the rental agent who offers a property for rent on behalf of the client and is legally authorized to do so.
Client: The person or entity entitled to rent out the property, who has engaged the rental agent to act on their behalf in the rental process.
Prospective tenant: An individual/entity who expresses interest in a rental property offered by the rental agent on behalf of the client.
2. Purpose of mediation:
The client aims to rent out the respective rental property to the most suitable prospective tenant. This refers to a prospective tenant who is deemed as likely as possible to fulfil all obligations arising from a lease agreement correctly and promptly, and at the most appropriate timeframe. The differentiation between prospective tenants is based on objective justification. The differentiation between prospective tenants must serve a legitimate purpose, and the rental agent will act appropriately and proportionately in this regard.
3. Obtainable basic information from the prospective tenant:
- Name (first and last name)
- Current address and place of residence
- Phone number
- E-mail address
- Copy of ID document (Social Security number and the passport photo can be obscured)
- Composition of household: living alone, living together, with or withou children
- Total monthly net income
- Income declaration from the tax authority
- Employment contract(s) and/or employer statement(s)
- Income proofs (pay slip and recent bank statements reflecting net income)
- Amount of current rent
- A landlord statement
- The information necessary to determine whether the prospective tenant(s) qualify for a housing permit (if obtaining one is required in the municipality where the property is located).
No information is required regarding:
- Ethnic or cultural background
- Religious identity
- Political preference
- Sexual orientation
- Gender identity and/or expression
- Physical or mental health
4. Criteria considered in the allocation process:
4.1 Responsiveness
As a basic principle, the first come, first serve rule applies. The initiative to respond to a offered property lies with the prospective tenants. In the case of numerous responses, it is possible that certain prospective tenants may not be invited for a viewing and may be rejected.
4.2 Source of income/type of employment contract
An indefinite employment contract with a well-established and reputable employer is preferred. This provides the client with the highest level of financial security. Temporary employment contracts, recent self-employment, and other sources of income such as alimony, an internship allowance, a guarantee by third parties, an inheritance, rental income, etc., can also lead to the allocation of a rental property, but this requires individual assessment.
4.3 Income level
After meeting any minimum income requirements, the highest (combined) income is preferred. This provides the client with the highest level of financial security in terms of fulfilling the financial obligations under the lease agreement.
4.4 Solid and verifiable positive rental history
A prospective tenant with a positive and verifiable landlord statement is preferred. Prospective tenants without a demonstrable rental history require individual assessment, as it may require additional information or investigation.
4.5 A positive screening of ID document and solvency
A prospective tenant can only be allocated a property on the condition that their identity can be verified and their financial capacity is satisfactory. To assess this, the rental agent conducts a thorough screening. A part of this screening is a manual check on authenticity features of the ID, conducted by the rental agent. This check can, for example, be performed with the DutchID-App provided by the Dutch government. The outcome of this screening may result in rejection (even after an initial allocation).
4.6 Household composition
It is important that each property has a suitable household composition. This is to prevent nuisance and damage, as well as to avoid overcrowding. Therefore, the allocation will take into account the household composition per property. Depending on the type of property, certain compositions may be preferred. This is assessed on a case-by-case basis.
4.7 Suitability for (the area of) the offered property
In some cases, the location or specific characteristics of the rental property may make certain prospective tenants more suitable than others.
4.8 Selection by the client
For each offered property, the client ultimately makes the decision between the prospective tenants. The rental agent has no influence on the final selection. The rental agent refrains from any form of (assistance in) discrimination regarding the allocation of rental properties to prospective tenants. The rental agent does not assume any responsibility or liability for the actions of their clients. Due to privacy regulations, the rental agent is not authorized to disclose basic information of prospective tenants to third parties.
5. Data protection management process
Nestcare rental agent fully comply with the data protection principles and perform within the General Data Protection Regulation (GDPR) and the Dutch Implementation Act. The data protection management process we follow is outlined as below:
Data Collection: Collect prospective tenants’ personal data that is only necessary for the rental process, as outlined in the tenant screening protocol section 3.
Data Storage: Store the prospective tenants’ personal data in a secure and confidential manner. Implement appropriate security measures to prevent unauthorized access, alteration, disclosure, or destruction of personal data. Keep the personal data only for as long as necessary for the purpose of the collection.
Data Access: Tenants have the right to know how their personal data is used. If a tenant requests information about their data, the rental agent should provide them with this information. Due to privacy regulations, the rental agent is not authorized to disclose basic information of prospective tenants to third parties.
Data Modification and Deletion: If the personal data from the prospective tenant is incorrect or incomplete, the prospective tenant has the right to have it corrected. Similarly, prospective tenants can request that their data be deleted, the rental agent will dispose their data in a safe and irreversible way.
Data Breach Reporting: In case of a data breach, the rental agent must notify
the Dutch DPA within 72 hours.
Data Request Process: Prospective tenants and the clients have the right to inspect, correct or delete their personal data which the rental agent has collected. The prospective tenants and the clients can also object to the processing of their personal data (or part thereof) by the rental agent. The prospective tenants and the clients also have the right to have the rental agent transfer their data to themselves or directly to another party if desired. The rental agent will ask the prospective tenants and the clients to identify themselves before the rental agent can respond to the specific requests. In principle, we will respond to a request for access or correction within four weeks. In the event of a request for deletion, we will delete the personal data in question as soon as possible, unless and insofar as the law requires the retention of the personal data in question or there are (other) compelling reasons that oppose deletion. If we cannot meet a request, we will let you know with reasons.
If you would like to receive more information about this, please feel free to contact us info@nestcare.nl