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.
Simon Topple
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Sign Up12:31 PM, 22nd May 2014, About 11 years ago
Probably not, but you may have to fight your corner and get a solicitor involved.
http://www.landlordzone.co.uk/forums/showthread.php?21505-Selling-property-to-tenant-letting-agency-commission
Neil Patterson
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Sign Up12:56 PM, 22nd May 2014, About 11 years ago
Hi Max,
The key phrase I think here is "where the agent has been involved in the negotiations for the sale of the property we will charge a commission of 2% of the negotiated purchase price."
Although you have not said what the agents have done for you yet, were they involved in giving the tenants notice and told them about your intention to sell thus putting the purchase in their minds?
Michael Barnes
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Sign Up13:52 PM, 22nd May 2014, About 11 years ago
Reply to the comment left by "Neil Patterson" at "22/05/2014 - 12:56":
I agree with Neil on the key phrase.
If they have done nothing, then they (probably) are not entitled to anything; if they have done work, then they may be.
I would suggest talking to your agent re that clause in this situation. The options are then
A. They say you owe them nothing. Go away happy.
B. They say they are owed money if you sell to tenant. Negotiate.
Negotiate on the basis that you have another buyer. If you sell to him, then they get nothing. A reasonable position might be to take the difference between the two offers and split it 50-50 between the two of you.
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Sign Up15:34 PM, 22nd May 2014, About 11 years ago
I'm an agent and if I was in the same position as your agent here's what I'd think.
My starting point would be that you signed a commercial agreement with me - one in which I agreed to manage your property, taking the rough with the smooth in terms of how much work would be involved.
As things have turned out I seem to have done very well from it. After my initial hard work marketing the property, finding good tenants, and verifying this through my reference process it's turned out that I've been able to collect a management fee and possibly now a sale fee for doing little more than collecting the rent and showing due diligence through management visits etc.
However - and its a big "however". If it hadn't gone swimmingly - if the tenants had lost their job / split up, whatever and I'd had to do endless chasing of the rent, and / or there had been loads of maintenance issues, or a fire, or a flood at the property that I'd needed to manage, or I'd gone round to do a management visit and found the tenant dead in his bed (this actually happened to one of my staff) I wouldn't have charged you a penny extra.
So I'd be a bit miffed that - now that its turned out well for both of us - you object to paying me the fees you agreed to at the start.
However - another big "however". I'm a reasonable bloke and I'm also a business man. If you offered me a deal of say 1% on the sale price I'd probably take it.
And if I'd genuinely played no part whatsoever in the sale to your tenant I'd accept that I probably wasn't entitled to a fee at all.
How's that for an honest answer?
user_ 1346
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Sign Up16:29 PM, 22nd May 2014, About 11 years ago
Paul Shears
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Sign Up20:25 PM, 22nd May 2014, About 11 years ago
I had a agent try to pull this one on me.
After a few requests she finally sent me the terms of the proposed contract just before she left her office to inspect the property prior to marketing it.
The deal was tenant find only, but it still had the finders fee clause in the event of a sale.
She was quite shocked when I confronted her at the house having already read the contract terms in the few minutes it took her to arrive.
I told her that the clause was outrageous and that If I employed her it would not be in any way to find me a buyer. It was to find some tenants. If one of the tenants subsequently turned into a buyer that was a totally separate matter for which she would not have been employed. She was embarrassed and weakly argued that it was very unlikely that a tenant would buy the house. I stood my ground and she readily agreed to remove the clause. I still did not employ her based on my first very bad impression.
You really do need to read the small print as no "agent" is going to point this sort of thing out.
The agent that I subsequently employed tried to pull their own scam of trying to charge several hundred pounds to change the name on the contract when one of the tenants moved out and a new one wanted to move in. The agent would have contributed nothing except some minor bureaucracy. They thought that as I was not financially affected I would let them get away with this. I immediately sacked the agent and have repeatedly done the job myself at no charge to the tenants.
If I ever had any cause to doubt my decision, it was eradicated when it took over two months to get the deposit money held by the agent returned to the tenants and then to myself.
Simon Topple
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Sign Up10:16 AM, 2nd June 2014, About 11 years ago
Paul - I'd say to not use them based on that is a little premature.
Many management agreements include such a clause. The agents did, and they agreed to remove it, yet you still didn't use them based on this.
There is a very, very good argument that the agent has done nothing and not earned a percentage. However in pure business terms, selling to a tenant is a great solution and good business.
You know they have a vested interest. If the sale does fall through, you still receive rental income. You have rental income up to the point of exchange and completion. You have no void. It would be very easy to have a property empty two, three, four, five, six months. During this period you will have no rental income, and unless you market the property yourself and save agency costs, will still have to fork out 1 or 2% on commission. And don't forget if you do market it yourself, there is still a cost - your time.
So on reflection, if I sold to a tenant and my letting agency wants a commission, as long as they are up front about it and approach it the right way, I'd have no problem with it.
Paul Shears
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Sign Up10:27 AM, 2nd June 2014, About 11 years ago
I was employing the agent as a tenant find and nothing else. To try to seek in a clause like that in the small print is absolutely outrageous and they shot them selves in the foot with me in even trying it on. The fact that many such contracts may contain such a clause is irrelevant. Once they had found a tenant and I had paid then, the relationship would have been over.
Simon Topple
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Sign Up10:29 AM, 2nd June 2014, About 11 years ago
For a tenant find you are spot on - I would also refuse to sign an agreement for TF services with that in.
Mike Sosner
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Sign Up10:22 AM, 29th July 2014, About 11 years ago
I agree with the above that it is down to:
1. What you did sign to
2. What the agent did or did not do, and
3. Subject to the above - negotiation...
So if it DOES turn out that you have a liability why not take it to the tenants? And tell them that you wish to prefer their offer but the agent fee is posing an obstacle.
So you put a condition in the offer acceptance that the tenant will take care of the agent liability. You will encourage the tenant to negotiate hard, of course. And you will have two motivated parties to the negotiation. The tenant risks losing their home and the agent risks losing both the rental and a sum for the sale.
You can then tell the other applicant that acceptance or otherwise of their offer is awaiting the outcome of a negotiation between the tenant and the agent.
How secure are both offers, by the way? Is one of them cash? Or are the two offers awaiting mortgage qualification? Etc.