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.
Robert M
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Sign Up11:20 AM, 18th June 2013, About 12 years ago
“Further to the Court of Appeal ruling in the Superstrike vs Rodrigues case, the law regarding tenancy deposit protection has changed. Now, once a tenancy finishes its fixed term and becomes a periodic tenancy it is considered by law to be a new tenancy. Therefore, I now serve you with the relevant prescribed information relating to your new tenancy, please could you sign and return this as soon as possible”
Translate!
“Further to the Court of Appeal ruling in the Superstrike vs Rodrigues case, the interpretation of the law regarding tenancy deposit protection has changed from what was previously almost universally accepted. Now, once a tenancy finishes its fixed term and becomes a periodic tenancy it is considered by law to be a new tenancy. I believe this may mean I should have re-protected your deposit within 30 days but did not do so. I still have not re-protected your deposit and the deadline has now passed. However, I thought I would write to you anyhow to provide a further copy of the prescribed information that would accompany the new deposit certificate if I had one and highlight the potential deficiency in our procudures. From now on, I will need to serve you a new notice each month so you will hear from me frequently.
If you search the internet you may well find a firm of solicitors willing to take action against me on "no win no fee" basis. Alternatively, if you let me have your bank details I will transfer your deposit back to you with a 100% bonus in full and final settlement of the case that you may or may not have against me. I would prefer to do this rather than wait for this mess to be sorted out."
Note: I am assuming that the prescribed information and any deposit certificate are two different documents to emphasise a point. In reality it is probable that the deposit certificate is part of the prescribed information.
Rob
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Sign Up11:40 AM, 18th June 2013, About 12 years ago
@Robert
Are you suggesting that we tell our tenants what has happened and tell them they can take us to court if they wish and then offer them there deposit x2 back? Have you been drinking?
Robert M
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Sign Up12:12 PM, 18th June 2013, About 12 years ago
I am merely offering a translation of Chris's proposed letter. Have you been reading?
Rob
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Sign Up12:18 PM, 18th June 2013, About 12 years ago
Fair enough, I may still be a little intoxicated,and confused
Vanessa Warwick
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Sign Up12:29 PM, 18th June 2013, About 12 years ago
Letting Agent Today offers this round up of the case:
Broadly, the Court of Appeal has now held that a statutory period tenancy is not a continuation of a fixed term tenancy but a new tenancy.
This means that deposits which have been paid by a tenant must be re-protected each time a fixed tenancy ends and within 30 days of the new statutory periodic tenancy being created.
The greater concern for landlords and agents is that many, including those with ongoing tenancies, will not have re-protected deposits, and not have given the tenants a new deposit protection certificate plus the prescribed information.
The case’s full implications are still being studied by lawyers – and by the tenancy deposit schemes whose rules differ and may now have to be rewritten.
For example, My Deposits has advised that there is no need for new protection when a tenancy becomes statutory periodic. Other schemes simply require that they are informed.
Central to the judgement is that tenants whose deposits were not re-protected when their fixed term tenancy rolled over into a statutory periodic tenancy, may now be able to claim against their landlord. Tenants could argue that any eviction was unlawful, and may also be able to claim back their original deposits plus a penalty.
The Statute of Limitation means that tenants of up to six years ago could make claims.
- See more at: http://www.lettingagenttoday.co.uk/news_features/Shock-waves-from-new-Court-of-Appeal-ruling-on-tenancy-deposit#sthash.s9kUN2Om.dpuf
I think it would be prudent to allow the TDP schemes to release their reaction to this ruling, otherwise everything else is just speculation and may be causing landlords unnecessary worries!
Robert M
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Sign Up14:30 PM, 18th June 2013, About 12 years ago
Here we go again!
"Broadly, the Court of Appeal has now held that a statutory period tenancy is not a continuation of a fixed term tenancy but a new tenancy."
Agreed
____________________________________
"This means that deposits which have been paid by a tenant must be re-protected each time a fixed tenancy ends and within 30 days of the new statutory periodic tenancy being created."
Whoa, stop, steady and halt. The Court of Appeal ruled where the original tenancy was entered into before April 2007 and the deposit had not already been protected. Substitute "must" with "may need to".
____________________________________
"The greater concern for landlords and agents is that many, including those with ongoing tenancies, will not have re-protected deposits, and not have given the tenants a new deposit protection certificate plus the prescribed information."
That may well be a justified concern – the question is whether they need to.
____________________________________
"The case’s full implications are still being studied by lawyers …"
That does not necessarily fill me with confidence. After all the lawyers could not agree and had to go to the Court of Appeal! I suppose it is a necessary evil!
____________________________________
"Central to the judgement is that tenants whose deposits were not re-protected when their fixed term tenancy rolled over into a statutory periodic tenancy, may now be able to claim against their landlord. Tenants could argue that any eviction was unlawful, and may also be able to claim back their original deposits plus a penalty. The Statute of Limitation means that tenants of up to six years ago could make claims. "
Sadly true.
____________________________________
"I think it would be prudent to allow the TDP schemes to release their reaction to this ruling, otherwise everything else is just speculation and may be causing landlords unnecessary worries!"
This sentence is so valuable it would be worth posting alone. I predict that in time we will look back on this thread and marvel at the hysteria.
Rob
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Sign Up16:47 PM, 18th June 2013, About 12 years ago
Well this maybe a touch over cautious but I have just logged into my deposits account and printed off my stp accounts that clearly say (a) statutory periodics and (b) protected! There is also a questions and answers section with the question if a Tenancy continues as a Statutory Periodic what happens to the deposit protection? The answer they have put is a new protection is not required if the original contractual term ast continues as a Statutory Periodic Tenancy. So with the possibility of my deposits removing such content to cover themselves I have printed all this off and in the event of a tenant suing me for there deposit X4 I will be suing my deposits for my loss. You never no!!
Edwin Cowper
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Sign Up16:55 PM, 18th June 2013, About 12 years ago
Lets not forget the facts of this case. There was an unprotected deposit. So when the new tenancy came into effect, any deposit had to be protected. That is not so nowadays. The deposit has to be protected as required by the rules.
The deposit rules were created:
1. To protect the Tenant's deposit (and if that is not done by L then to impose draconian penalties) and
2. To ensure that the Tenant is given certain information about holding of the deposit (with more draconian penalties if that is not done)
If a tenancy is created and the deposit is made with the Tenancy Deposit Scheme and the legal notices given, then I suggest that the creation of a statutory tenancy as a new tenancy and the retention of the deposit will fulfill the intention of the rules and the legislation..
The Judge giving the decision points out himself why the rules were made. He also says:
"How had that come about? It must have been on the basis that the tenant's right to be credited with the deposit at the end of the fixed period tenancy, as well as his obligation to pay, and the landlord's right to receive, an equivalent deposit under the new statutory periodic tenancy, were treated as satisfied by the landlord continuing to hold the same sum of money as before on the same basis as before but by reference to the new tenancy."
This seems to contradict the view of some contributors that there is a new deposit. So I suggest the view taken by the Deposit Protection Scheme is likely to be correct in respect of their deposits ie no new notice required.
But to make it clear beyond any shadow of doubt, the best thing would be for the government to make a simple amendment altering the extension provisions.
The Act would then say that (instead of creating a (new) statutory tenancy as at present), the holding over merely extends the existing shorthold. I suggest that is all that is required. No new schemes, rules or anything
If people agree, I suggest they write to their MPs expressing their concern and ask that the government minister be approached by him/her to male an urgent change to the law.
Robert M
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Sign Up17:23 PM, 18th June 2013, About 12 years ago
Do you want a laugh?
Think about a tenancy that started after April 2007 and was correctly protected, papers served etc.
Now if a cautious landlord had actually re-protected the deposit with mydeposits when the tenancy went periodic he could be stuffed also.
Why I hear you ask? The answer is in s213(1)
"Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme."
As mydeposits say the deposit does not need to be re-protected the landlord would be in breach of their rules if he did re-protect it.
Thinking about it reacting to the ruling and rushing round issuing papers now could make the position worse for several reasons.
Give up – you can't win!!
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Sign Up0:03 AM, 19th June 2013, About 12 years ago
@Chris Sheldon
In reply, our current process is to register all deposits with DPS - so we have no issues about re-insurance. We also send out the prescribed information and Scheme Terms within 30 days.
Until now, we've not re-sent the Prescribed Information when the tenancy becomes periodic.
Nor do we intend to do so.
Currently the position of what to do when a tenancy becomes periodic is unclear. And to act in haste by sending out new Prescribed Information could simply stir up a hornets nest.
The various deposit providers will be having meetings with the government body responsible for this statute for guidance. No doubt clarification will be given shortly and we'll review then.
We'll wait until then and carry on as normal.