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.
Mark Alexander - Founder of Property118
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Sign Up11:15 AM, 19th August 2013, About 11 years ago
Hi Paul
Great article and much food for thought and discussion.
The two points which immediately spring to mind are what can be done to minimise the risks of taking on bad tenants in the first place and what can be done to minimise the time taken to evict bad tenants.
I am an advocate of serving section 21 (1) b early into a tenancy. Landlords who adopt this strategy often debate when is the best time. Some say as soon after the the deposit protection and prescribed information has been served, others say after three or four months. In truth, it doesn't really make a lot of difference and that aspect of timing is down to personal discretion. Personally, I like to serve as soon as possible. I have recently come across a tenant welcome letter which serves as a very user friendly section 21 notice and has been tested in court. watch this space for an article about that in due course.
Together with several other established landlords I have explained my logic for serving a section 21 (1) b before 4 months in the my response to this readers question >>> http://www.property118.com/serving-a-section-21-notice-after-tenancy-agreement-has-just-started/41878/
In summary, if you serve before the end of the fixed period you have less problems to run into in respect of dates of service. Also, if you serve before the end of the fourth month then you can immediately apply for a court order for possession the day after the expiry of the fixed period. If you don't serve during the fixed period then you will have to wait until the day before the next rent due date to serve a section 21 (4) a notice and then wait a further two months before being able to apply for possession. Therefore, service the section 21 (1) b within the first 4 months could save up to 3 months of additional waiting time.
Obviously prevention is better than cure. Letting to the right tenant in the first place will significantly reduce problems and the need to evict. Some landlords believe that referencing and RGI "Rent Guarantee Insurance" is the only way to go. I disagree!
I would only ever consider referencing a tenant if I had already seen their bank statements, proof of ID, proof of residence and visited their current home. Some would say that's invasive but I just consider it to be prudent. I advertise my properties at a fair price to attract high demand and I am, therefore, in a position to be picky. I always take the view that if prospective tenants want my property but don't want me to see their bank statements and/or their current home then they might be hiding something. I appreciate that some people don't agree to this on principle and that's fine, they have their principle, I have mine. Some will, some won't, so what, who's next!
I will consider pets if the existing property is well cared for. I look for scratch marks on the backs of door, I consider the state of the garden and the smell of the house amongst other things.
Bank statements tell me how they manage their affairs. I don't care whether they have an overdraft, just so long as all bills are paid on time and they operate their banking within agreed limits.
If I'm satisfied with all of the above I proceed to referencing. If they fail I will consider guarantors.
I do recommend RGI for smaller landlords as they tend to be more relent on rental income and don't tend to have reserves or the economies of scale to deal with a bad tenant which leads to an eviction. However, I have worked out that the premiums for me are greater than the risk, perhaps due to the way I do business as described above. I reached this decision by adding up the costs of the problems I have encountered over the years and comparing that to the amount I would have spent on RGI insurance. For me, the costs associated with problems came out lower than the cost of RGI which is why I decided to self insure.
I don't operate in the market for benefits tenants but if I did, I can't see that I would do much if anything any differently.
OK, well that's a lot of rambling from me but hopefully some readers will find this useful.
Mary Latham
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Sign Up11:32 AM, 19th August 2013, About 11 years ago
Mark you don't have to wait until the day before the rent due date to serve a S21 (4) (a) you can serve whenever you like so long at the deposit has been protected and the tenant has been served with the correct paperwork or the deposit has been returned. What you must do is ask for possession of the expiry of the last day of the tenancy period which may or may not be the rent due date. This is what can cost a landlord a lot of time.
The best way to avoid a S21 (4) (a) failing in court is to include what is known as a savings clause like this
"After (put in date Possession is required) or, if this notice would otherwise be ineffective, after the date being the earliest date not earlier than two months after the date of service of this notice when shall expire a period of the assured shorthold tenancy”
Follow me on Twitter@landlordtweets
My book, where I warn about the storm clouds that are gathering for landlords is here >>> http://www.amazon.co.uk/dp/1484855337
Mark Alexander - Founder of Property118
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Sign Up11:51 AM, 19th August 2013, About 11 years ago
Reply to the comment left by "Mary Latham" at "19/08/2013 - 11:32":
You are quite right Mary, I can serve section 21 (4) a at any time during an SPT so long as the notice expires two months after the next rent day, that's actually what I meant to say. In other words, if the rent day is the first on January and I serve section 21 ($) a on the second of January the notice must not expire prior to 1st April. It's so easy to stumble with wording isn't it. Thank you for correcting me. No wonder so many landlords get it wrong!
I had a very interesting conversation with Dave Reany this morning. He has some very interesting legal documents which have been tested in court and which are a variations on the common themes. I mentioned one in my comment above, i.e. the friendly welcome letter which incorporates section 21 (1) b. Others include an Student Guarantee which limits a perents liability to that of their child as opposed to joint and several liability which is standard. another is a section 21 (4) a notice which is impossible for a tenant to legally dispute even if there was no tenancy agreement signed. Dave has agreed to write some articles about these and i'm sure that his wording will be far less clumsy than mine 🙂
.
Mary Latham
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Sign Up11:59 AM, 19th August 2013, About 11 years ago
Reply to the comment left by "Mark Alexander" at "19/08/2013 - 11:51":
I look forward to seeing those Mark - worth adding to the arsenal.
I can see why parents don't want to guarantee other peoples kids -I have had that conversation many times. I am not sure where the landlord of a student HMO would stand on damages to common parts because no one ever owns up and it is only by having the joint and several responsibility/guarantee that we can recover our losses.
Follow me on Twitter@landlordtweets
My book, where I warn about the storm clouds that are gathering for landlords is here >>> http://www.amazon.co.uk/dp/1484855337
Mark Alexander - Founder of Property118
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Sign Up12:12 PM, 19th August 2013, About 11 years ago
Reply to the comment left by "Mary Latham" at "19/08/2013 - 11:59":
Thanks Mary. A document library where landlords can read up on various notices and deeds and how to use them is long overdue on Property118. Dave has kindly agreed to produce a series of articles to create a "Landlords Legal Toolkit". The articles will be free to read and to ask questions and the document templates will be available to download for a small premium. Dave has kindly agreed to contribute 50% of the revenue generated from the sale of these documents templates to The GOOD Landlords Campaign. We are now working on the articles, mechanics for downloads and associated logistics. Watch this space 🙂
.
Mary Latham
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Sign Up12:45 PM, 19th August 2013, About 11 years ago
Reply to the comment left by "Mark Alexander" at "19/08/2013 - 11:51":
Ooops I missed this, you said
"so long as the notice expires two months after the next rent day, that’s"
It must ask for possession on the expiry of the TENANCY PERIOD not the rent day.
For example
Tenancy starts on 10th of a month
Landlord want all his rents paid on 1st of the month
Tenant pays pro rata for the first month and on 1st of month thereafter
The rent period will end on the last day of each month
The tenancy period will end on the 9th day of each month
The S21 (4) (a) must ask for Possession on the expiry of the 9th of a month.
As you said no wonder landlords get it wrong and this is the reason that I serve at month 3 of the fixed term with a nice letter to explain why. This usually results in my knowing at month 3 whether or not the tenant intends to stay on longer than the first fixed term.
Follow me on Twitter@landlordtweets
My book, where I warn about the storm clouds that are gathering for landlords is here >>> http://www.amazon.co.uk/dp/1484855337
Mark Alexander - Founder of Property118
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Sign Up12:49 PM, 19th August 2013, About 11 years ago
Reply to the comment left by "Mary Latham" at "19/08/2013 - 12:45":
Do landlords actually do that and if so why?
If a tenancy starts on the 10th of the month then the rent day is always the 10th of the month forever more, hence my choice of words.
I've never considered doing anything different, hence I've never run into the issue you are now raising.
Am I missing something here?
.
Mary Latham
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Sign Up13:00 PM, 19th August 2013, About 11 years ago
Reply to the comment left by "Mark Alexander" at "19/08/2013 - 12:49":
I agree with you Mark but many landlords and letting agents have told me that they want all their rents to come in on the first of the month so that they can monitor any late payments more easily. I am also told that some tenants ask to pay on the first of the month after they have been paid.
If this happened to me I would simply agree to accept the rent on the 1st of the month but I would not change the AST and if the payment was late I would revert back to the contract.
Follow me on Twitter@landlordtweets
My book, where I warn about the storm clouds that are gathering for landlords is here >>> http://www.amazon.co.uk/dp/1484855337
Mark Alexander - Founder of Property118
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Sign Up13:05 PM, 19th August 2013, About 11 years ago
Reply to the comment left by "Mary Latham" at "19/08/2013 - 13:00":
Intriguing, I don't recall ever having been asked that question. I wouldn't want all my rents to come in on the same day as it might make it harder to spot the woods from the trees and it would put a lot of pressure on me to reconcile and deal with any issues all on the same day.
Point taken though and well made for those it could affect.
.
andrew townshend
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Sign Up20:22 PM, 19th August 2013, About 11 years ago
Reply to the comment left by "Mark Alexander" at "19/08/2013 - 13:05":
sometimes it can be an advantage to time rent days to coincide with the tenants pay day, therefore tenancy ending date could be different to rent day, i have found this to work for me in some cases.