Former tenancy agreements

[Hound]

Just a quick question (& I know it's a little strange), but are we obliged to keep former tenancy agreements for any length of time?

Some former tenants are under investigation by the MSD, & they want to view the old tenancy agreement from three years ago.

Thanks

[Keys]

Refuse. Cite the Privacy Act.

When they get permission off of the tenant. Charge them an administration fee.

[Hound]

They've cited section 11 of the Social Security Act 1964.

http://www.msd.govt.nz/documents/about-msd-and-our-work/about-msd/legislation/code-of-conduct-section-11-ssa.pdf

http://privacy.org.nz/data-matching/operating-programmes/employers-msd-section-11a-social-security-act-programme/

[Keys]

Well, there ya go then. As for holding the TA's? I suspect that the Privacy Act requires you to destroy them after 12 months following the termination of the tenancy (the time frame a tenant can claim). I am certain that the collection and holding of personal information (EG TA's) is only necessary for the duration of the need of that information. I have not yet seen any legislation where a landlord is required to keep them. We go through our folders periodocally and shred them.

[Keys]

Principle 9

[drelly]

I've had these requests a few times and normally keep old agreements so I'm happy to help them.

[speights boy]

I've had these requests a few times and normally keep old agreements so I'm happy to help them.

Well done.

[mattinvestor]

I usually keep all my leases documents for many years. I am just this way: always keep important documents. But I do not think we (landlords) have to keep it for longer than 12 months. I might be wrong though. I recommend you to check it with the law.

[Hound]

Last year, for the first time in over ten years, I cleaned my former agreements out. Only keeping one where there is an ongoing debt recovery issue. In the MSD case, that tenancy was concluded satisfactorily, so out it went with the rest.

Principle 9 is a handy one, Keys.

[Keys]

Simply put. You are required by law to destroy all documentation relating to tenancies when it is no longer necessary to keep. All of my prospective tenants have their applications destroyed when they fail on their application.

[mrsaneperson]

Principle 9

Principle 9 , no time limit as such is given. But more importantly as good citizens we all have some moral duty to uphold the wider interests of the population at heart. If these former tenants are under suspicion of obtaining benefits that they were not entitled too then a moral obligation comes into play. The MSD [Minsitry of Social development] gathers its funds from the tax pool of revenue we all contribute too.

The Principle 11 that they cite :

An agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds,—
(a)	that the disclosure of the information is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained; or
(b)	that the source of the information is a publicly available publication; or
(c)	that the disclosure is to the individual concerned; or
(d)	that the disclosure is authorised by the individual concerned; or
(e)	that non-compliance is necessary—
	(i)	to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
	(ii)	for the enforcement of a law imposing a pecuniary penalty; or
	(iii)	for the protection of the public revenue; or