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.
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up9:19 AM, 7th August 2012, About 12 years ago
Hi Sophie - I agree with Mark on getting a bad reputation, however the introduction fee is there for a reason it doesnt mean you will get a bad reputation by leaving the agent and keeping the tenant. Alot of it (financially) depends on how much your rent is too because if you pay £400 finders fee that could be alot cheaper than 10% if your rent is say £900 a month. However, if it is in the region of £450 a month rent then you need to weigh up the pros and cons. I do both on my properties, depending on the rental income and the location. I use the agent to find tenants as well as to find and manage. Whereabouts in England is your property ?? I maybe able to assist with agents and/or good accountant if that is the way you want to go.
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up9:25 AM, 7th August 2012, About 12 years ago
Hi Sophie. The agent generally does charge 10%, but there are GOOD agents that will be prepared to do a lesser fee if you negotiate, and would much rather do that than lose you completely. Also, you could speak with them and see about doing a part managed as well at a reduced rate (say 7%) - again there are agents that will do this also.
That way you keep the agent, dont pay your finders fee but then manage the maintenance youself.
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up11:43 AM, 7th August 2012, About 12 years ago
In principle the tax position is not all that difficult - although I am a tax adviser and property investor myself. That said, as most people do not fill in a tax return (tax is taken out of their monthly salary by PAYE), first time property investors have to start filling in a tax return setting out ALL OF THEIR INCOME.
And this can be daunting!
In addition, HM Revenue & Customs don't always get it right and it then takes an accountant/tax adviser to sort it out.
The benefit of using a tax adviser is that they will also be able to help you with claiming the appropriate tax deductions, eg for repairs & maintenance, landlord costs, renewals etc. My advice would be to keep good records as you don't want to pay them to sort through a shoe box of receipts.
Kersten
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up23:01 PM, 9th August 2012, About 12 years ago
Normally, the letting fee within a full management contract is lower than a let-only, so I expect the agent will have covered this by reserving a fee for early termination of their contract - as most people have said, it'll be in the agreement somewhere.
Sophie, any form of DIY is the same - yes you can do it with preparation and hard work, but you need to acknowledge that it is a job that takes time and knowledge. IMHO anyone who expects rental income to be like bank interest is heading for a well deserved disaster (not saying that you do). You can get the knowledge from books etc, it will keep you legal, and you might be prepared to take the risk of pitfalls while you get used to the job. Please think on this:
Even running a few properties can feel like a full time job occasionally. How flexible is your work?
You need to be just as available as your letting agent were. Can you accept calls during working hours? Are you happy to make arrangements to accept calls while on holiday abroad?
Are you prepared to deal direct with a bad tenant? As others have said, once you have left a full management contract you may be forced to deal let-only in future.
Are you confident that you have both contacts and knowledge to deal with maintenance issues - without getting done over?
That said, I used to have a great agent. They changed hands, and eventually I began to self-manage when I caught them trying a large scale rip-off. I was lucky with the way things turned out, but even so had to learn from a few mistakes - a bad tenant, a rubbish contractor, a silly decision. I won't go back now.
Wishing you well
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up8:35 AM, 18th August 2012, About 12 years ago
As Mark says it all depends on the wording of the contract you have with the agent. All landlords must read the wording carefully before they sign (the devil is in the detail) and not accept it if there is anything they do not understand or agree with.
Landlords should remember that contracts with the agents are negotiable. For example we use agents for finding tenants only. They normally have a renewal fee clause in their contract so that if the tenant renews the contract, the agents get an extra fee for nothing. We say that we will not accept this clause and they normally agree to remove it rather than lose our business.
I don't think that unfair contract terms legislation applies to a landlord / agent agreement as this is a business contract and landlords are expected to know what they are doing.
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up11:51 AM, 22nd October 2012, About 12 years ago
Sophie
I have not read all the notes on here so apologies if I am duplicating what has already been said. I have just finished with my letting Agent but only have a very fierce battle with them.
In my terms and conditions they had written in that I had to stay paying them for the whole length that the tenant they found stayed within my property but kept charging me for each 12 month fixed term. I challenged them on this and eventually after seeking legal advice and discussions with the OFT this term and condition within the Contract was Unfair and Unjust and the OFT had taken action against a letting Agent and this link will give you full details:- http://www.oft.gov.uk/OFTwork/consumer-enforcement/consumer-enforcement-completed/foxtons/
As long as you give the letting agent the right amount of notice to terminate the policy then they are not able to force you to take out a new one. Most agencies charge you a fee up front which covers the marketing and finders fee so you shouldnt have to pay them another fee when you wish to terminate the contract.
I hope this helps you.
Regards
Terry
Peter Harris
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up12:28 PM, 31st December 2012, About 12 years ago
You dont need third party fire and Theft to drive your car on the motorway but you do need it when you have and accident or are picked up for speeding... same for and agent they make their money when things are going wrong... one hopes!!
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up19:24 PM, 5th January 2013, About 12 years ago
Hi I have a tenant in a property that had an tenancy agreement signed by an agent I had instructed to sell my house but i had never signed for him to management the property or rent it. I had found the tenant myself and he had the key to sell the property but we never agreed on him renting or managing the property. Is the rental agreement legal?
ron cavedaschi
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up16:12 PM, 12th August 2013, About 11 years ago
I am a landlord and was new to the game when I started letting my flat. I asked my agent to find a tenant. Now I understand that there was a fee for that and nothing else. However I thought it would be helpful for a while to have the rent paid to the agent, but this was not a full management agreement just collecting the rent. This situation has continued for about two years. But now the ridiculousness of the situation whereby the tenant pays the landlord and they pay me minus a fee has occurred to me and I could easily arrange for the tenant to pay direct to me and not have to pay the agent for doing virtually nothing. They have received the full finding fee and enjoyed a couple of years for just collecting the rent. Now they want £400 to stop this ridiculous situation. Are they morally right to insist on this fee? If I had just had the finding fee contract then they wouldn't have received the monthly rent collection fee so it seems like I am being punished for using their services.
Ron C
Mark Alexander - Founder of Property118
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up16:20 PM, 12th August 2013, About 11 years ago
Reply to the comment left by "ron cavedaschi" at "12/08/2013 - 16:12":
Check your contract Roy. If there isn't one there is nothing the letting agent can do. If there is one then check it very carefully. If the conditions allowing this are clear there is very little chance you will be able to break the contract without paying the termination fees. The lesson to be learned is to read contracts in detail before you sign them, not after.
.