Data and Privacy

Is supplying an undertenants information to the landlord a breach of GDPR?

No. Where your lease requires you to notify the landlord of an underletting, provide details of the undertenant or obtain the landlord’s consent to an underletting, providing the information reasonably required for that purpose does not breach UK GDPR.

Data protection legislation allows personal information to be processed where this is necessary in connection with the performance of a contract. Your lease is a contract between you and your landlord and, where it contains obligations relating to underletting, the landlord is entitled to request and process the information reasonably necessary to administer those obligations.

The undertenant does not therefore need to provide separate consent for their information to be supplied to the landlord for this purpose.