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 Up14:20 PM, 12th June 2013, About 12 years ago
O.M.G - I think you might have opened a can of worms and Pandora's box at the same time here Gary.
First off, I don't think the agent had any right to send the money to you as it belongs to the tenant. Was the tenants money ever protected in the first place and what proof you you have of that?
If I were you I'd either rip the cheque up or send the money back to the agent stating that you think he's sent money belonging to your tenant to you in error. Hopefully that will be proof enough that your agent has screwed up if the 5h1t hit's the fan here.
I'm not even going to go near to your question about rent in advance at this stage. That's an incredibly complex area and the best brains in the land are still arguing the toss over the first case to be brought to court on this matter very recently. My advice is scrap that idea.
This is what should have happened, as I see it anyway:-
1) both you and agent contact tenant to advise what is happening.
2) Agents send you copies of all files including AST, deposit protection certificate and prescribed information, inventory, EPC, Gas safety Certificate, referencing report and anything else held on the tenants file
3) You and your tenant look at the AST to establish whether it comes to an end on termination of the agents contract. You and tenant decide whether a new AST is required and/or wanted.
4) Either way, once 3 is decided, tenant pays a new deposit to you and agent releases tenants existing deposit back to tenant. You then have 30 days to protect the deposit.
Here's the potential problem though as I see it. If you have banked the deposit money and it was paid more than 30 days ago there may be a case for the tenant to say that his money is unprotected. as it's been more than 30 days since the tenant paid his deposit it could be argued that he now has a claim against you for 3 X the deposit plus the deposit. What's even worse is that if the deposit as deemed as being unprotected you can't even serve a section 21 notice!
Neil Patterson
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Sign Up14:57 PM, 12th June 2013, About 12 years ago
Unfortunately for you Gary, I think Mark is correct. If your tenants understand their rights and want to make life difficult for you they may be able to do so.
The agents may be at fault, but my best advice would be to make sure that your tenants are happy and that you are on good terms so that their options to take you to task never occur to them.
You are liable in law for any mistakes the agents make on your behalf. You may be able to sue the agents but if they don't have any money that might be a pointless exercise.
Hopefully, making friends with your tenants will give you time to sort out the mess the agents have left.
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Sign Up8:59 AM, 13th June 2013, About 12 years ago
Dear Gary
You can not use the deposit as rent in advance - you need to protect it in a scheme straight away - you have 30 days from receipt of the deposit. When you have protected the deposit you also need to give the tenant the prescribed information which you will find on the deposit protection's website - failure to do this has serious consequences.
Regarding the AST - you do not need to give the tenant a new agreement, but you need to write to the tenant will the change of details for payment of the rent direct to you and also give your contact details so the tenant can contact you if there are any problems, together with your full address so the tenant can serve any formal notices on you.
We are a firm of Solicitors, we offer a free online property management programme for landlords who manage their own properties - if you are interested the link is http://www.fidler.co.uk/letlegal
Tessa Shepperson
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Sign Up10:51 AM, 13th June 2013, About 12 years ago
The time for protection of a tenancy deposit (and also service of the prescribed information) is 30 days from the time it was paid either to the landlord or to his agent.
I suspect in this case the depsit would have been paid more than 30 days ago, so you will be out of time.
In which case you will be barred from using s21 unless and until you return the deposit money to the tenants.
If they owe you any money you can offset this but ONLY if they agree to this - and this agreement should be in writing as you may need to prove it later.
You will have no defence to any claim the tenants may make for the penalty for non compliance (or at least not for the minimum award).
However, if the tenants paid the deposit less than 30 days ago - protect it ASAP!
James Noble
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Sign Up17:07 PM, 13th June 2013, About 12 years ago
What happens to a deposit that was given about 10 years ago, well before the deposit scheme came into being. I have two houses on a buy-to-let. One in the scheme, and the other (10 years ago) not. I had assumed the deposit scheme was for new tenants. Is this correct?
andrew townshend
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Sign Up17:55 PM, 13th June 2013, About 12 years ago
i make a point of meeting all my tenants, even those managed through agents, they all have my direct contact details and are free to contact me direct at any time, i find this helps tenant/landlord communications.
Robert M
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Sign Up17:56 PM, 13th June 2013, About 12 years ago
The original post seems to imply that the landlord has no wish to hold deposits. There could be several reasons for this. It could be because he trusts the tenants implicitly, a desire to avoid the perceived complexity of deposit protection, or a lack of understanding of the law.
Secondly, there is the question mark of whether the agent has correctly protected the deposit. There appears to be some assumption in some replies that the agent has not dealt with protection correctly to date, which seems a little presumptuous.
There is no doubt that the agent holds the money on behalf of the tenants. However, he only does so as agent for the landlord. Ultimately, the landlord is responsible for the deposit and if he has decided to take the management of the property himself the agent no longer has powers and so I believe that the deposits should be passed to the landlord. Therefore, I would no be seeking to send money back to a third party agent whose instructions I had terminated.
I concede there is the question of whether the handover has been correctly dealt with. Ideally the deposit should always be protected. However, if you read the rules of some of the schemes it is impossible to handover deposits between two parties (an agent and a landlord) without being in breach of the rules at some stage.
I would certainly check with the agents what their arrangements for protection of the deposit were.
For what it's worth, if I did not want to hold a deposit I would write to the tenants advising them of this and suggesting that the deposit is used towards the next payment(s) of rent and asking for them to confirm receipt of the email. I think this is the neatest way to address the matter without presenting the tenants with papers that may cause them to ask awkward questions.
Otherwise, if the landlord wishes to hold the deposits I agree that he should protect the deposits immediately.
However, instinct tells me that it could be argued whether the date of receipt that the landlord should use in the protection he arranges should be that date that he received the money from the agent or the date the money was originally received by the agent. In raising this point I have to say I do not know the answer as I have never taken a deposit over during a tenancy and needed to consider it. For this reason the answer may be quite clear or obvious to those who have gone through the process (or others who like to post knowledgeably on matters and then change their minds when challenged).
Whatever the answer is, I'll bet it is not clearly spelt out in the statute and regulations, which were clearly drafted by individuals who had never dealt with a tenant deposit themselves – perhaps advised by Shelter.
Gareth
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Sign Up19:28 PM, 13th June 2013, About 12 years ago
To James Noble - IF the tenancy of 10 years is the same person on the same terms and you've NOT issued and had signed a NEW AST since the introduction of the Deposit Protection laws, then you're still okay.
HOWEVER the minute you issue a NEW AST then you'll need to register the deposit within 30 days and give prescribed information.
BIG TIP! Get them to sign for the prescribed information at the time they sign the deposit protection certificate.
James Noble
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Sign Up20:59 PM, 13th June 2013, About 12 years ago
Thanks for the information, Garath, (and apologies for slipping away form the main subject.) I've had the same tenant for over 10 years,with the same details on the agreement - which I've sent out each year, for renewal. It's not a 'new' AST, but the same one, signed each year... No use,I suppose? Sounds like I need to sort out the deposit?
James Noble
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Sign Up21:17 PM, 13th June 2013, About 12 years ago
Sorry - should have said 'Gareth'.'