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 Up12:36 PM, 20th April 2013, About 12 years ago
Marie, I hate to tell you this but I think you have been stitched up by an inspired operator of a scheme known as Rent2Rent. People are paying thousands to learn how to operate these schemes, they are the latest "Get Rich Quick" scheme in the underworld of the GRQ market targeting wannabee property investors. Please see this thread >>> http://www.property118.com/index.php/guaranteed-rent-a-warning-for-landlords/37513/
It will be interesting to see what the judge says but I would recommend you to try to settle out of court, unless of course you want to take the risk of losing the case as a way to warn other landlords of this scam.
The judge will no doubt ask why you used an AST knowing that the deal was a company let. You say the claim was in the name of an individual and so was the AST so I think a judge might well just dismiss the Company Let claim and award against you.
Even if the judge accepts that your tenancy was a company let he may well still award against you on the basis that you knew this yet still used an AST and failed to protect the deposit. The judge will undoubtedly ask why you made amendments to the AST if you knew it was the wrong document. I suspect that some of the clauses you entered will not be legal either and no doubt others will comment on this too.
All in all Marie, my prognosis for your situation from what I have read isn't good.
Sorry to be the bearer of bad news.
What I would say though is that you could have had things much worse. Rent a few days late every month and less than a thousand pounds worse of damage isn't that bad under the circumstances. Your tenants could have caused 10's of thousands of pounds of damage to your property, never paid a penny in rent and then refused to leave.
If I were you I would consider this to be a relatively inexpensive learning process in the grand scheme of things.
Moral of the story is use a properly qualified letting agent in future. You could have had everything done properly for you for less that £35 a month. Please see >>> http://www.property118.com/index.php/find-me-a-tenant/
Mary Latham
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Sign Up13:00 PM, 20th April 2013, About 12 years ago
This is covered in Housing Act 1985 Section 81
Case law on this Shephers Bush Housing Association V HATS Co-Operative of Hammersmith Ltd 1992. Islington LBS v Green 2005 & 2006
In your case your contract with the company is not an AST because they are not an "individual". The law cannot be changed by the terms of the contract and Tenancy Deposit Protection only applies to tenants who are individuals not companies or as in one of the cases above Housing Asscociations. Perhaps if you make them aware of the law they will back off if not go into court armed with a copy of the legislation above
Good luck
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Mark Alexander - Founder of Property118
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Sign Up13:27 PM, 20th April 2013, About 12 years ago
Following Mary's post I concede that in some of my comments above I might well have been wrong in this instance.
Good luck Marie and please let us know what you decide to do and how you get on.
Marie Smyth
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Sign Up16:57 PM, 20th April 2013, About 12 years ago
Mary and Mark
Thank you so much for your comments, The contract was in the company name so I'm holding out all the way and taking this to court. I feel very strongly that I must fight this, I'm sure this guy will have done this in the past and will continue even if he he doesn't win against me (fingers crossed). I wonder does anyone know if I could find out if he has made successful small claims previously? I've tried to find out but without any success. I requested further information via the court from him I.e a copy of the contract between him and his tenants but haven't received any response. I've also discovered that the electricity, gas, council tax etc was never changed from his company into the sub-tenants names and finally this chap has now stood down as director of the company and a new person has taken his place. It might be that they won't proceed in light that I've received no further paperwork only that of the court hearing date. I'm assuming that he must also provide documents to me prior to the court date but we are sometime away from that. I will use the case law you have mentioned Mary, it's just what I've been looking for - a big thank you.
Mary Latham
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Sign Up18:49 PM, 20th April 2013, About 12 years ago
You are very welcome Marie. I would be very interested to know how you get on please post to tell us.
He may well have stood down as a Director but the contract is in the company name and if he signed it he did do on behalf of the company.
In law there is NO requirement to have a written contract to let a property and therefore the Judge must base his findings on the facts of the occupancy not the contract. Take evidence that the utilities were in the name of the company too this will all help.
I hope that anyone who is considering entering into a Rent to Rent contract on either side is reading this.
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Sign Up21:04 PM, 20th April 2013, About 12 years ago
Hi Marie, Mark and Mary.
As an investor I take on the occasional Rent2Rent when offered me by agents as I find it a good addition to cashflow. I take these in a company name and use the fact that the deposit doesn't have to be registered as part of the pitch to the landlord. So Mary has very good advice here.
Mary, I wonder if you know of any precedent to give light on something that has been a question for me as a worst case?
If a guaranteed rent agent does not (for what ever reason) give the property back vacant, but instead with paying tenants in place, or non paying tenants in place. I am wondering what the legal position might be.
I do not mean to hijack the post, but thought it relevant enough to include in the same section as it is a Rent2Rent nightmare.
Marie, I agree with Mark that you have a lucky escape here. Unscrupulous tenants, agents, companies could have left the situation a whole lot worse. It sounds like these are trying it on, but they might have been evil and that can cost tens of thousands as many poor landlords will testify.
I wish you every good luck with this.
Ed
Marie Smyth
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Sign Up22:23 PM, 20th April 2013, About 12 years ago
Ed, your not hijacking anything, the more comments and thoughts the better and I appreciate all of them. I've been in lettings for many years and your question was forefront on my mind so I added clauses whereby the company would be responsible for all costs if possession was required for non payment of rent or breach of tenancy by the sub-let tenants. Having said that I'm glad I added the clauses as it proves in the contract that the company intended to sub-let the house, had I not I think I would be facing further difficulties in court. It just goes to show, even with my experience we can all fall foul of unscrupulous people. In mitigation, I had to leave London in a huge hurry to look after a sick relative (mom) and when emotional pressure supersedes your natural thought processes mistakes are made. Also I've always been very honest and straight with tenants and I expected the same professionalism from another 'Landlord/agent' ? Big, Big mistake. I know I was very lucky they moved and yes it could have been a lot worse but I refuse to go down without having my say on the matter or just rolling over and letting this 'Company' get away with it. The new rules on deposits although onerous were necessary to 'catch' bad landlords however for the honest ones out there it has added hugh additional amounts of paperwork whereby if you register a deposit late tenants can claim 3 x their deposit up to six years after the end of the tenancy. I think the rules are crazy and will open the flood gates for unscrupulous tenants also; as for having to insure the deposit again following an extension/renewal/rent increase I personally think that is a step too far.
Mary Latham
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Sign Up23:48 PM, 20th April 2013, About 12 years ago
Ed if the property is not returned with vacant Possession rent is still due. I am assuming that your contract says that it will be retuned with vacant Possession?
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Marie Smyth
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Sign Up13:54 PM, 24th April 2013, About 12 years ago
Mary
Im having trouble finding the case law you refer to: Case law on this Shephers Bush Housing Association V HATS Co-Operative of Hammersmith Ltd 1992. Islington LBS v Green 2005 & 2006. I wonder could you direct me to where I can read about this on the net?
I've also just received a letter from the Court that the claimant as applied to have the case name changed from the individual to the company and has increase their claim. They are looking for approx £5,000 now!!! My situation is dire, I have not had an income in over 18 months and am the sole carer for my son at the moment. I called the Court to see about Legal Aid but its unavailable for this type of case. Can you direct me to free legal assistance? Its a big ask but your help would be appreciated. It just feels like the icing on the cake of a very stressful time especially as this the last thing I need right now. Thanks M
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Sign Up20:24 PM, 24th April 2013, About 12 years ago
Hi Marie
Sorry to hear about your situation. They've have behaved appallingly. I hope things turn out OK.
Mary's advice seems pretty definitive so the claimant changing the amount etc (complete chancers) - shouldn't really matter? although granted i am sure it was a big shock!!! 🙁
Regards
Arlo