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.
Neil Patterson
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Sign Up14:10 PM, 30th October 2017, About 7 years ago
Hi Cyril,
Unfortunately you have a lot of reading to do and may need professional assistance:
Some Articles from Tessa Shepperson of Landlord Law
Dealing with Deposits >> https://www.property118.com/dealing-with-deposits/
"Protecting the Deposit
When you take a deposit, you need to protect it in a scheme within 30 days of receipt of the money.
There are two possible problems areas here:
Deposits that are paid a long time before a tenancy starts, and
Situations where landlords allow tenants to pay deposits by installments.
So far as the early deposits are concerned – the best advice is to just protect them within 30 days.
Some people assume that as the tenancy has not started yet there is no AST to (as it were) hang the need to protect on. However as soon as the tenancy is created you will instantly be out of time. So best to just bite on the bullet and protect.
So far as accepting deposits by installments is concerned this is a VERY bad idea. Each and every installment must be protected within 30 days of payment and many landlords have got into trouble by waiting until all payments are paid. If you must accept installments its best to do this with the rent rather than the deposit.
What if it all goes wrong?
The problem about failing to comply with the rules is that you cannot then serve a valid section 21 notice until you are compliant – which includes refunding the money to the tenants.
If you are ever in this situation, I have prepared a Legal Kit which you can read about below, which explains the law and gives step by step guidance.
Tenants are also entitled to bring a claim for up to 3x the deposit sum if you breach the rules. So, it is best to comply so they have no chance to do this."
Tenancy Agreements and how to get them right >> https://www.property118.com/tenancy-agreements-get-right/
Are you properly protected against claims by tenants and >> https://www.property118.com/properly-protected-claims-tenants-prosecutions-authorities/
How to stop evictions going wrong >> https://www.property118.com/stop-evictions-going-wrong/
Looking at Section 21 >> https://www.property118.com/looking-section-21/
Section 21 – the New Pre-Conditions >> https://www.property118.com/section-21-new-pre-conditions/
Section 21 – time limits, forms and retaliatory >> https://www.property118.com/section-21-time-limits-forms-retaliatory-eviction/
New penalties for landlords and agents under the Housing Act >> https://www.property118.com/new-penalties-landlords-agents-housing-act-2016/
Also the Deregulation act for point of reference article by Paul Shamplina >> https://www.property118.com/what-does-the-deregulation-act-2015-mean-for-landlords/
And Our Tenant eviction page >> https://www.property118.com/evicting-tenants/
Darlington Landlord
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Sign Up15:40 PM, 30th October 2017, About 7 years ago
For future reference mydeposits lets you protect a deposit paid in installments upfront so you comply with the legislation.
Puzzler
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Sign Up17:05 PM, 30th October 2017, About 7 years ago
You have rather been hoist on your own petard as you want to evict someone for wanting to leave...why did you tell him about the reference? You could just have said he was occasionally late paying which would appear to be the case and you were under no obligation to tell him what you had said.
Emerald Legal
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Sign Up10:20 AM, 31st October 2017, About 7 years ago
Tread very carefully! Your tenant may make a claim against you for not protecting each instalment of his deposit within 30 days. Unless you agree a surrender then you'll need to return the deposit he has paid before (unless he'll agree for you to credit it towards the arrears in writing) and then serve a section 21 giving him two months to vacate. if he doesn't then you will need to use the standard procedure to gain possession through the courts. Hope that helps
JohnCaversham
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Sign Up10:30 AM, 31st October 2017, About 7 years ago
Mmmm, i would give a reasonable reference that allows him to move on and then return all of his deposit when he requests it and absolutley above all keep him onside...The chances of him coming back with a deposit protection claim are very minimal however you don't want to poke the fire so bid him farewell wish him all the best and wave bye bye!¬
Clint
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Sign Up10:35 AM, 31st October 2017, About 7 years ago
I would suggest giving the tenant the reference he requires stating that he has been making rent payments however is one month in arrears and hopefully he vacates as soon as possible.
Nikki Palmer
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Sign Up13:01 PM, 31st October 2017, About 7 years ago
Am I not right in thinking that as there is no tenancy agreement it could mean a non AST (i.e. licence), had it been created, so does not fall within the guidelines of having to register the security deposit?
It seems the main problem here is the fact that you didn't give a reference - give an honest reference, calculate how much rent is outstanding, give the balance of the deposit back to the 'tenant' and watch him walk into the sunset!
Emerald Legal
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Sign Up14:40 PM, 31st October 2017, About 7 years ago
If the 'tenant' pays rent and has exclusive possession (i.e. landlord does not live in the property or provides services such as cleaning or food, etc) then it is a tenancy regardless of whether there is a tenancy agreement, unfortunately.
Gary Dully
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Sign Up18:08 PM, 31st October 2017, About 7 years ago
Nice One Cyril,
You are in a bit of a pickle.
I would suggest that you reconsider your position regarding the reference, because you could end up with a fine in regards to his deposit.
Also is your local authority not a licensed area yet?
Eg: in Wales both you and your property have to be licensed and have a training certificate saying you can read and write.
It’s good practice to issue tenancy agreements, carry out a Right to Rent Check and issue prescribed information in regards to deposits and the Governments How To Rent booklet.
Failure to do just the last two items prevents any No fault notice to Quit (Section 21) to be invalid.
Best of luck, but at this moment in time, try and keep it friendly.
Kate Mellor
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Sign Up21:54 PM, 1st November 2017, About 7 years ago
Hi Cyril, You may have gathered by now that you've made some assumptions that have turned out not to be correct.
Firstly the assumption that just because you haven't issued a written tenancy agreement that no tenancy has been created - Yes it has, only now you have no control over its terms.
Secondly that you needn't protect the deposit because it was paid in installments and no written tenancy agreement had been signed.
Effectively once you let the tenant move in and accepted rent from him you created a legal tenancy and gave your tenant all the rights that entails. If you are paid any sum which is specified to be a deposit, or acts in the manner of a deposit it must be protected within 30 days of receipt no matter what.
Many Deposit schemes allow you to submit additional sums to the deposit, as and when you receive them. I use the DPS custodial scheme and have done this often when a tenant asks permission to get a pet and I ask for an additional amount to cover the risk of damage by the pet, I then deposit the funds and add them to the existing deposit account online.
The deposit regulations have not been complied with which means that you are unable to issue a valid section 21 notice to evict this tenant. In addition, there is a risk that the tenant (especially if you've upset him) may seek advice and find out his legal rights, (he only has to contact citizens advice or Shelter) and he has six years in which to lodge a claim against you for financial compensation.
If I were in your position, I would suggest to your tenant that the money he has paid up to now as a "deposit" be viewed as rent in advance and used against his arrears, and that if he could come up with the final £20 you could give him a glowing reference with a clear conscience making him free to go on his merry way to a new brighter future.
Certainly the best way forward for you is to do what you can to assist him to find suitable alternative accommodation. Whilst you may feel that you can't in good conscience pass him on to another landlord you've kind of painted yourself into a corner. Just comfort yourself with the fact that he hasn't been a hideous tenant and he may be a better payer if he's sharing the costs with someone else. Just try your best to wax lyrical about his good points and gloss over the less good. At the worst, if he doesn't come up with the final £20 I would still record every penny he's paid on his rent record as rent and give him a decent reference, whilst crossing my fingers that he never comes back to bite me on the butt.
If you write up the rent record to show ALL payments as rent, in the event that your tenant took you to court for not complying with the deposit regulations he would struggle to prove that there ever was a deposit. He has not got a written AST saying that a deposit was to be paid and even if you admit that you did want him to pay a deposit, but it was never forthcoming, which you can show by the allocation of the funds via your rent record. This is not likely to be challenged if the tenants rent is in arrears, or there isn't a surplus of funds which are not able to be accounted for as rent. The only hick-up I can see to this is if the tenant has written documentation showing that payments were intended to contribute towards the deposit, such as receipts or emails stating a payment was specifically towards the deposit.