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 Up17:06 PM, 23rd December 2014, About 10 years ago
Hi Alice
Thank you for sharing your story, I agree that you have been let down VERY BADLY and I also agree that the fees you were charged were extortionate.
My first piece of practical advice is to check whether your tenancy agreement has a six month break clause, and if it does what the conditions are. Then report back to me via this thread.
My second piece of practical advice is to have your locks changed. You are perfectly entitled to do this, without giving your landlord, your letting agent or your landlords estate agent a key until you eventually check out of the property.
My third piece of practical advice is that you make a harassment complaint to the Police and also to your local Council. Put this in writing to them, stating that you have changed the locks and give them a copy of a letter which you MUST write to both your landlord and the letting agency confirming that you refuse permission for them to enter your home again without your prior written consent until you have officially checked out and also the reasons as you have laid out above. If the Estate Agent is not the same company as the letting agent I suggest you also copy them in.
My fourth piece of advice is that you discuss your case with Citizens Advice and show them this discussion thread.
In answer to your questions:-
1) I am not aware of any practical measures you could take which might entitle you to a refund of fees, especially as you have nothing in writing in terms of the longevity of the proposed tenancy.
2) and 3) - I do not feel appropriately qualified to advise you on these points but I am sure that other members here will be able to do so.
If you want to rent a property long term, this can be difficult for landlords to agree to in terms of providing a long term tenancy because it invariably puts them in breach of their mortgage conditions. However, there is a solution. It is called Deed of Assurance and you are quite within your rights to ask your next landlord to offer one. Obviously a landlord is also quite within his rights to refuse too. However, if he/she does refuse then you have good reason to question their genuine intentions to let to you on a long term basis. Details of a Deed of Assurance can be found here >>> http://www.property118.com/deed-of-assurance-document-template-download/43126/
I hope that helps for starters.
.
Alice Drury
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Sign Up18:09 PM, 23rd December 2014, About 10 years ago
Thank you so much for your response having checked the tenancy the only end of tenancy type clause I can find is as follows:
Notwithstanding the provisions of the agreement relating to the Term of Tenancy, it is agreed between the parties that should the Landlord wish to terminate the tenancy, he may give the required two months notice in writing to the Tenant in accordance with section 21 of the Housing Act 1988. This notice can be served upon the Tenant but must not expire before six months from the commencement of the tenancy.
Any termination in accordance with this clause shall not prejudice any claim of either party against the other in respect of any breach or non-observance of the provisions of this agreement.
And then the same but one months notice for the tenant to give the landlord.
I'll discuss the rest of your response with my partner when he finishes work. Thank you so much and I hope I get a response from someone regarding the unanswered questions.
Thanks
Alice.
Romain Garcin
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Sign Up19:17 PM, 23rd December 2014, About 10 years ago
I'm far from convinced that this clause has the effect of a break clause, or any effect for that matter.
Indeed, in my view it just re-states the Housing Act: If the landlord requires possession he must first serve notice under s.21.
However such notice has no effect on the tenancy, so your fixed term tenancy would continue until the expiry of the term.
Alice Drury
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Sign Up19:24 PM, 23rd December 2014, About 10 years ago
Thanks Romain
Rob Crawford
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Sign Up20:01 PM, 23rd December 2014, About 10 years ago
Hi Alice, you say you have a 12 month agreement but what you have quoted suggests only 6 months, "This notice can be served upon the Tenant but must not expire before six months from the commencement of the tenancy". Please can you clarify/confirm. With regard to the landlord/agent's behavior with the viewings even if they give you 24 hours notice they still need your permission. This is a clear case of harassment and I would suggest you get a citizens advice solicitor to write a letter reminding them of your rights.
Alice Drury
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Sign Up20:19 PM, 23rd December 2014, About 10 years ago
I thought that was odd too but the contract definitely says "term: twelve calendar months"
Mark Alexander - Founder of Property118
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Sign Up20:34 PM, 23rd December 2014, About 10 years ago
Reply to the comment left by "Alice Drury" at "23/12/2014 - 20:19":
As Romain states, the contract is just quoting legislation but if the term says 12 months that's what it is.
If you read the legislation you will also see that you have the right of peaceful enjoyment.
.
Rob Crawford
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Sign Up21:24 PM, 23rd December 2014, About 10 years ago
Reply to the comment left by "Alice Drury" at "23/12/2014 - 20:19":
What you have quoted is not a break clause. I can see where Mark is coming from but I think this clause should actually read 12 months, its an error by the agent. I don't think it matters if 12 months is stated in the opening statements within the AST. If you are still paying the rent you cannot be evicted during the 12 months and it's only a Court Order that can evict you. You need to remind the landlord and agent of what was agreed. It does not stop the landlord selling the property with you as an occupant and for them requesting viewings for this but, as already stated, only with your permission. You are clearly being harassed. I think you could waste a lot of time and get really stressed unless you get professional legal help. A letter written by a solicitor will I think calm things down whereas if you do it yourself you'll just end up in a never ending argument. I would not get bogged down about the unsavory neighbour, the landlord may not have any evidence other than 3rd party say so on this in which case it may not be appropriate for him to raise the issue.
Ian Ringrose
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Sign Up11:58 AM, 24th December 2014, About 10 years ago
The agent lying to you about the reasons for the last tenants moving out can be reported to trading standards, and any redress scheme the agent is a member off.
Robert M
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Sign Up12:09 PM, 24th December 2014, About 10 years ago
Hi Alice
1. I don't know if there is a limit to how much an agency can charge as an admin fee/application fee/referencing fee when someone applies to become a tenant, or for a tenancy renewal, but £300 each does seem extortionate.
I don’t use any letting agencies for letting my properties but charging this much does seem to be akin to a licence to print money, as the actual cost to the agent for the work involved cannot really be this much. I know there are rules (legislation and caselaw) about some admin charges having to be reasonable (so they are not effectively a penalty charge in disguise), e.g. bank admin fees were forced down a few years ago because of this (e.g. for going over overdraft limit, or bounced standing orders, etc). But I don't know if this also applies to letting agent fees?
2. Presumably you viewed the flat beforehand and were happy with it. Did you specifically ask about whether there had been any problems with (complaints about) any of the neighbours? If you asked and the agent lied, then I think that could be misrepresentation and give a cause for legal complaint against the agent (if you can prove it), but if you did not ask then as far as I am aware the agent is not obliged to raise the issue with you, in which case you would have no legal redress.
3. Assuming you have "exclusive possession" of the property (it's very rare for this not to be the case with an assured shorthold tenancy), then, as stated by Mark, you have the right to "peaceful enjoyment" of your home, so the landlord or agent has no right to enter your home without your express permission. They can ask for entry for whatever reason, but you have the right to refuse entry. If they enter without your permission then I believe that would be unlawful and possibly form the grounds for a complaint of harassment. Harassment can be a criminal offence (but could also be a civil wrong), but it is one of those criminal offences which police are reluctant to prosecute, as they just fob people off by saying it's a landlord/tenant dispute. However, the local council should have a private landlord officer (may have a variety of different titles depending on the council involved), who can liaise with the landlord/agent and ensure that they are not breaking the law (or even prosecute them if they do) so it may be advisable to speak to them. I would also re-iterate the advice to visit your local CAB and get further advice about your situation and your options.