Privacy Policy
BACKGROUND:
Property118 Ltd understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website,
www.property118.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site
. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” |
means an account required to access and/or use certain areas and features of Our Site; |
“Cookie” |
means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below; |
“Cookie Law” |
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
“personal data” |
means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and |
“We/Us/Our” |
Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. |
- Information About Us
- Our Site is owned and operated by Property118 Ltd, a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Our VAT number is 990 0332 34.
- Our Data Protection Officer is Neil Patterson, and can be contacted by email at npatterson@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
- Your Rights
- As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
- The right to be informed about Our collection and use of personal data;
- The right of access to the personal data We hold about you (see section 12);
- The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
- The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
- The right to restrict (i.e. prevent) the processing of your personal data;
- The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
- The right to object to Us using your personal data for particular purposes; and
- If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
- For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
- What Data Do We Collect?
Depending upon your use of Our Site, We may collect some or all of the following personal data (please also see section 13 on Our use of Cookies and similar technologies):
- Name;
- Date of birth;
- Address and post code;
- Business/company name and trading status;
- Number of properties owned;
- Accountants details;
- Contact information such as email addresses and telephone numbers;
- Proof of residence and ID;
- Financial information such as income and tax status;
- Landlords insurance renewal dates;
- Property Portfolio details such as value and mortgage outstanding;
- How Do We Use Your Data?
- All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
- Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
- Providing and managing your access to Our Site;
- Supplying our products and or services to you (please note that We require your personal data in order to enter into a contract with you);
- Personalising and tailoring our products and or services for you;
- Replying to emails from you;
- Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by the unsubscribe link at the bottom of all emails;
- Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience;
- Provide information to our partner service and product suppliers at your request.
- With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and or telephone with information, news and offers on our products and or We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
- We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
- Member profile information is collected with your consent and can be amended or deleted at any time by you;
- Anti-Money Laundering information and tax consultancy records are to be kept as required by law for up to seven years.
- How and Where Do We Store Your Data?
- We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
- Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using our site and submitting information to Us. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR
- Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
- Do We Share Your Data?
- We may share your data with other partner companies in for the purpose of supplying products or services you have requested.
- We may sometimes contract with third parties to supply products and services to you on Our behalf. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
- We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
- In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
- What Happens If Our Business Changes Hands?
- We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
- How Can You Control Your Data?
- In addition to your rights under the GDPR, set out in section 4, we aim to give you strong controls on Our use of your data for direct marketing purposes including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails.
- Your Right to Withhold Information
- You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
- You may restrict Our use of Cookies. For more information, see section 13.
- How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at info@property118.com, or using the contact details below in section 14.
- Our Use of Cookies
- Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
- All Cookies used by and on Our Site are used in accordance with current Cookie Law.
- Before Cookies are placed on your computer or device, you will be shown a cookie prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
- Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.5. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.9, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
- The following first party Cookies may be placed on your computer or device:
Name of Cookie |
Purpose |
Strictly Necessary |
JSESSIONID |
Used only to collect performance data, with any identifiable data obfuscated |
No |
__cfduid |
This cookie is strictly necessary for Cloudflare's security features and cannot be turned off. |
Yes |
- Our Site uses analytics services provided by Google Analytics and Facebook. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products AND/OR services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
- The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
- The analytics service(s) used by Our Site use(s) the following Cookies:
Name of Cookie |
First / Third Party |
Provider |
Purpose |
__utma, __utmb, __utmc, __utmt, __utmz |
First |
Google |
Helps to understand how their visitors engage with our website |
_fbp |
First |
Facebook |
Helps to understand how their visitors engage with our website |
- In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
- You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
- It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Contacting Us
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at info@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).
- Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Robert M
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Sign Up11:31 AM, 9th June 2021, About 3 years ago
Reply to the comment left by John Frith at 09/06/2021 - 10:34
I think there may be a difference when is is a contractual periodic, as opposed to a statutory periodic, as I know this affects liability in relation to Council Tax.
My ASTs state that upon expiry of the initial fixed term, then the tenancy continues as a contractual monthly periodic tenancy. This means that the tenant remains liable for the Council Tax during their notice period, (not just to the date they actually move out). I believe that it has been accepted by the courts that a contractual periodic tenancy is a continuation of the previous tenancy, so it is not a new tenancy. - Perhaps a solicitor can confirm this?
If the fixed term has ended and a contractual periodic tenancy now exists, then it is my understanding that the guarantor remains liable for any debts relating to that tenancy (if the tenant themselves does not pay).
I believe it may also be possible for the Deed of Guarantee to incorporate terms which hold the guarantor liable for future tenancies to the same person, if certain criteria are met. It's all about transparency, and making sure that the guarantor is made aware of the possible liabilities that they are agreeing to when they sign the Deed of Guarantee.
Saul Smart
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Sign Up16:22 PM, 9th June 2021, About 3 years ago
Re the last few comments:-
The NRLA tenancies become Contractuals these days not Statuatories and its been that way for a long time now. They 'schpeil on a bit' in their clauses on AST and Guarantor paperwork about seeking replacements etc etc but ultimately it still allows the guarantor to walk after the fixed term with no obligation to continue, leaving you potentially stuck with tenants without you having your back covered.
Ultimately I sarcastically but politely pointed out to the phone advisor that under their agreements then, that the guarantor is only as good as the fixed term, so my fixed term better go down as five years if I want the security a guarantor should bring to the table!! Although they weren't advising that term obviously, they couldn't argue with my atatement.
The deed of guarantee I use has extreme clarity to the obligations of the guarantor and conditions including that their liability doesnt end after the fixed term under any circumstances and the liabilty continues through to vacant possession etc.
As said before the NRLA advisor told me that this 'could' be seen as an unfair condition and void the guarantor agreement completely.
They didn't quote any change in case law to back this up. I get the impression they are erring on the cautious side in favour of the tenant and guarantor at the expense of their members. NRLA selling us out- never happens does it??
I will continue to use my deed until its proven either way.
Ian Narbeth
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Sign Up9:17 AM, 10th June 2021, About 3 years ago
Reply to the comment left by Paul landlord at 09/06/2021 - 16:22Paul
The adviser at NRLA seems not to have been briefed. I wrote about this here
See my comment on 8 October 2020 at 13.57.
The old form of guarantee was IMHO a disaster. It failed to protect landlords after the end of the contractual term and it encouraged landlords to evict their tenants for no reason because the guarantee itself allowed the guarantor to get off the hook. Thankfully the new NRLA form of guarantee is better drafted.
Saul Smart
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Sign Up9:31 AM, 10th June 2021, About 3 years ago
Reply to the comment left by Ian Narbeth at 10/06/2021 - 09:17
Hi. You seem to be quite knowledgeable on the subject and this seems to be getting confusing (unless its just me!), so as to simplify and of course answer the original poster without repeating all the posts again, does that mean that our take on the NRLAs documentation regarding guarantors only being accountable for the fixed term and their advice from a couple of months ago stand? Or am I taking it from your comment that there has been a redraft of NRLA paperwork since then on the matter and the guarantor remains liable for the full duration of the tenancy without 'easy outs' regardless? Many thanks
Ian Narbeth
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Sign Up9:40 AM, 10th June 2021, About 3 years ago
Reply to the comment left by Paul landlord at 10/06/2021 - 09:31
Hi Paul
The pre-October 2020 NRLA guarantee allowed the guarantor to give notice to terminate the guarantor's liability after the end of the fixed term. I quoted from NRLA's email in my 8 October post.
I do not know what the NRLA advisor you contacted had in mind but as the email from James Wood to me makes clear the NRLA do not now think that it is unfair to keep the guarantor liable after the end of the contractual term.
Saul Smart
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Sign Up10:14 AM, 10th June 2021, About 3 years ago
Reply to the comment left by Ian Narbeth at 10/06/2021 - 09:40
Hi ian. I thank you very much for your reply there and im sure that I'm sure all followers of this will find this information useful as do I. As we all know we are under a constant barrage of attack from many sources and ensuring that our paperwork is in order is just one 'brick in the wall' for our extremely limited defences!
steventayfield
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Sign Up16:36 PM, 10th June 2021, About 3 years ago
Hi All. Thank you all for for your input and knowledge on this subject. From what I have seen posted here it looks as if the definition of a guarantor that I found seems to be correct. "A fool with a fountain pen."
We certainly won't be standing guarantor for anything else. But as a Land lord also we will be requiring guarantor going forward.
Regards
Steven
Landlord Phil
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Sign Up10:38 AM, 12th June 2021, About 3 years ago
I had a court case for non payment of rent on a periodic tenancy. The guarantor claimed his responsibility ended once the AST became periodic. The magistrate disagreed. He had to pay. Why? Because he was named as guarantor on the AST & had equal responsibility to the tenant. As has been previously stated, good tenants an turn bad. If I was the landlord in this case, I simply wouldn't accept your wish to end the guarantor arrangement. A credit rating means nothing if payments stop. Some of my best tenants have ridiculously good credit ratings, but the loss of a job means they couldn't care less about their credit rating. Having no income really changes peoples values. So having a guarantor makes sense. Who knows how jackyll & hyde the situation could become.
Ali Mussani
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Sign Up16:11 PM, 13th June 2021, About 3 years ago
I am a landlord, but twice I have been asked by people I know to be a guarantor for them with other landlords. I will set out below my two different experiences:
1. I signed as a guarantor for a young lady with a disabled child, she was good as gold, always paid on time and spent a lot of money upgrading the flat at her own cost. In this case the landlady was what I would consider to be stingy, one harsh winter the boiler packed up and she would not get it fixed for 6 weeks, considering the tenant had a disabled child, so the tenant withheld the rent until this was fixed, in the meantime the landlady applied for possession under Section 8 and I was named on the legal action papers as guarantor. I had clearly put on the tenancy that my guarantee was for the first 12 months only right at the start. The landlady's barrister called me into a private room and asked me to settle the outstanding rent and all the costs as he knew I had numerous properties all over London, I basically told him to go to hell and go ahead with the case and showed him the guarantee I had signed and as it was the third year of the tenancy I had already been released because the landlady and her agent, who was also there, had accepted my conditional 12 months guarantee before they signed their part of the tenancy. The tenant was so good she said I will pay the outstanding rent only, no legal costs, over 6 months. They had to back down as she also had a lot of email proofs of disrepair.
2. The second one I had signed as guarantor for my friend with the agent who was also my friend, again I had signed only on the basis of the first 12 months. The tenant was paying regularly, but when it came to renewal my agent friend said that the tenancy was being renewed as a periodic tenancy for another 12 months and that I was still considered to be the guarantor, I told him to check the form I signed where I had clearly put "Only for the first 12 months", he said it didn't matter and I was still liable. I followed up with an email and told him in no uncertain terms that if he were to continue renting to the tenant on a periodic or new tenancy it was at his own risk, he backed down.
That was my experience, whether I was right or wrong as guarantor I don't know, but I certainly had good grounds, but as a Landlord I would not have accepted a guarantor putting the same condition as I did.
Chris Byways
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Sign Up8:50 AM, 14th June 2021, About 3 years ago
Slightly different angle on guarantor’s liability, any comments appreciated.
Tenant keeps flat nicely except won’t ventilate, and dries clothes in condensing tumble dry (which give out a lot of moisture) and on radiators etc. So big Lifestyle condensation on windows and some on walls. 6m AST would go the Contractual Periodic, but gave 1m notice for end June when 6m up. So far OK, no reason for any loss of deposit.
However 4 days before deadline to give notice advises Environmental Health of “damp problem” and “unfit for letting”, and said they were giving notice to leave. But gave me 3 hours +1m, on a BH, and no mention of any issues. So why report it then if leaving, and not have reported to me!
Agent says can’t market until resolved. No defect in building whatsoever. Not advised to me, everything reported attended to immediately. EH tell her it’s Lifestyle and didn’t even let me know of Report. I only learn from agent. I invited EH to vIew (this coming Thursday), I’m proud of this recently refurbished flat.
So until EH view and declare in writing ‘no problemk or tenant admits they ‘misspoke’ and there is no problem I can’t re-let at least according to the (find a tenant, not managed) agent.
So two questions: 1) do I have a claim for the extra delay in re-letting for loss of rent from deposit/Guarantor until 1m after their vindictive accusation is resolved?
2) Guarantor (father) and tenant requests I do not even copy tenant with any email ‘as she is busy with work’. As the AST is with her I’m happy to reply to Guarantor on her behalf but feel its right to cc her?
Chris