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.
Annette Stone
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Sign Up23:02 PM, 29th September 2013, About 11 years ago
Reply to the comment left by "Jay Jay" at "29/09/2013 - 13:53":
In reply to Jay. I have never seen an assured short hold tenant stay 12 years but if the did there would be one fee. Conversely if the tenants changed twice a year it is obviously reasonable if a fee is charged for each tenancy
The reason the lessee is held responsible is because the lease is a contract between the freeholder and the lessee and it is the lessee who is bound by the clauses in the lease. A tenant does not have any part in this relationship in law
In regard to your final point usually complaints are received from more than one lessee about anti social behavior such as I described and the "culprit" is usually fairly easy to identify. In the case of a clear dispute between neighbors it can get a bit more complicated and you have to just try and mediate until there is a resolution if is concerns or affects other residents. If it is purely an issue between two lessees which is not affecting anyone else and is something like noise from above or a parking issue we try and mediate and help to find a fair solution but if this is impossible then the lessees have recourse to the courts if that is unavoidable. This is actually quite rare as most people want to live in peace
lauren field
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Sign Up11:17 AM, 30th September 2013, About 11 years ago
Hi Mark thanks for your email askng me to take a look at this, As you now know I am away on holiday, however, I have had a chance to skim through.
Firstly, (having skimmed through) I believe Edna's more concerned with what info she has to release to the managing agents regarding the tenants. My answer would be, first check through the lease very carefully and check the wording of each clause. Second, in general, as long as the managing agents are aware of Edna's address and that the property is let out, then no she cannot be made to release any personal information regarding the tenant that she doesn't want to. The contract is between her and the managing agent so basically, the tenant(s) really don't come into, it unless she has agreed to a clause in the lease which states otherwise.
In regards to managing agents fees, again depending on what is in the lease will depend on whether administration fees are lawful or not. In any event, ALL adminstration fees that are not part of the managing agents 'core' business must be accountable and justified. in addition, it is not simply enough to state a 'reasonable fee' as what is reasonable to one person may not be reasonable to another and therefore, if the managing agent wishes to have a successful claim, it is in his/her best interest to have an exact figure quoted.
In the event the managing agent pursues with legal action to collect said 'fees', a Judge may well state it is in his/her opinion that £30 is reasonable BUT that still does not mean these fees are enforceable, several factors need to be taken into account;-
1). Prior to the hearing, it must be established what is written in the lease, the exact meaning/implied meaning
2). What was submitted in the defence - if the wrong wording was used or a solid basis for an argument refusing payment including factual supporting evidence is ommitted then it is simply a matter for the Judge to determine what he thinks is right.
3). It is not for the Judge to provide advice or suggestions, The Judge's job is to rule based on the parameters of the law and the arguments presented.
So if your lease states you must pay £150 per each signed tenancy for admin and you go to court saying £150 is not fair - you are saying you agree to the charge but feel its too high. In this case a Judge will more than likely examine the £150 fee and make a ruling on what is deemed to be fair Same applies if you write back to the agent and say you're happy to pay £30 but not £75, you're agreeing that they can charge you irrespective of whether they can legally.
If you go to court saying the fee is not only unfair but unlawful, then you are saying you do not agree the fees are just or valid. Then a judge will examine the evidence and make a decision as to whether there is a leagl basis to charge the fee in the first place and if there is, how much. That said, you will need to know why it should not be charged, have evidence to back up your claim.
also, it is not your job to asssess what is reasonable, as how can you know? Why is £25 reasonable? is that just beause you are comfortable with the figure as opposed to £75 say.
if a figure quoted is reasonable, then an agent must be able to explain why the amount is reasonable.
In the event, you are directed by the courts to the LVT - which is more than likely in the first instance, then you need to be even clearer with your supporting evidence as the LVT panel, whilst experienced are not a court. However, they can still be challenged as despite their experience and knowledge they are not above the law and must rule accordingly. in a recent case I attended on behalf of a client, admin fees came up for all sorts of things and we examined the wording in great detail and the admin fees were deemed to be unfair.
However, it is important to always remember that each case should be taken on its individual merits and in this case without knowing what is written into the lease it is not easy to comment and just my opinion.
Hope that helps
Annette Stone
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Sign Up15:35 PM, 30th September 2013, About 11 years ago
Hallo Lauren, I hope you are having a good holiday. It seems to me as though you are wrong on the subject of whether or not a landlord has to divulge who is living in their flat (houses may be different I don't know) and even if there were a data protection issue this would be over-ridden by common sense and, more importantly, by safety legislation such as the Fire Order. I would not want to be the managing agent who could not tell a Fire Office who/how many people were resident in a flat after a fire which destroyed the building and claimed lives.
It strikes me that the only people who would not be prepared to divulge who was living in their flat or even if there were a tenancy in place would be people who were really not the sort of people we are speaking to on Property 118 but rather landlords who:
did not have a buy to let mortgage and did not want their mortgages to know that they were letting the flat as would happen in case of arrears, etc
people who were letting their flat to unrelated sharers and thereby creating an HMO which would require licensing and which might impose additional safety requirements which equal additional costs on the flat owner
people who might be rehousing difficult tenants from other buildings.
As far as management fees are concerned good managing agents provide a schedule for each new building that they take on clearly showing what they charge for and how they charge. What the rotten ones do is really awful but generally these are ones whose business model is one I have already described in my earlier blog.
As far as your comment about fees is concerned you are right if an administration fee or licence to let fee is set out in the lease you are really quibbling about the amount and not the principle Whilst I doubt an individual would be bothered to go to the LVT over whether an administration fee should be £40 plus VAT or £100 plus VAT as the time involved is likely to outweigh any discount in the fee; it is often the case that when challenged the fee is dropped dramatically as most of the sort of landlord who do this sort of thing do not want to end up at the LVT as once a decision is made it is "out there". However, once you get to this stage with your freeholder (and the dispute is with the freeholder not the managing agent unless the managing agent is freelancing to build fees without the freeholder's knowledge) you are basically at war and the best thing is to get the lessees together, form an rtm and get a good managing agent who will challenge the unwarranted fees charged against all the lessees in one go. As I said I have done this in the past and I got several thousand pounds back for a group of lessees.
Finally, your comments about the LVT are valid but remember their decisions are binding only on the case in front of them; they cannot be used as precedent and any recommendations as to professional standards of behaviour are just recommendations and no freeholder or managing agent is bound by them in anything other than the case at hand.
lauren field
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Sign Up16:30 PM, 30th September 2013, About 11 years ago
Reply to the comment left by "Annette Stone" at "30/09/2013 - 15:35":
Hi Annette yes thanks although weather a little windy today.
i thiink you are confusing what I meant.
I said that Edna does not have to release any personal information she does not want to. in terms of personal information, I was referring to the tenants financials etc. which is what I understood her question to be about. I didn't think I even mentioned data protection so you've confused me. I also said quite clearly she should check the clauses in her lease.
I'm very much well aware that decisions made by the LVT are not a precedent and did not suggest they did ??????
I merely pointed out that in most instances a court will refer a claim regarding leasehold issues including unpaid admin fees to LVT (providing both parties agree) and that they will make a decision upon reviewing the case. I also clearly stated that they are not above the law - so how did you get from what i said the need to reminding me the LVT cannot set a precedent - is that not what i said ????
the reason I even brought up the LVT was to help the other members who had posted stating they had not paid. The point is, these types of fees can be challenged quite easily, providing they don't agree to them inadvertently, whether through the court or through the LVT
In regards to fees just because an agent provides a schedule of charges does not always mean all those charges are legally enforceable, especially when it comes to late payment fees, admin fees in regards to sub-letting & admin fees in regards to sending letters/reminder notices etc.
Annette Stone
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Sign Up17:10 PM, 30th September 2013, About 11 years ago
Lauren. Sorry if I appeared to be trying to correct you. I find that most landlords are in the dark as far as management practise is concerned and therefore I try and be as all encompassing as possible in my blogging on the issue of freeholds. Separating out issues is sometimes quite hard for the layman and as you know there is a minefield of legislation out there to say nothing of best practise recommendations. Our firm, although not members, abide by all of the recommendations of the RICS as we feel that this provides the best and most professional of guidance for managing agents.
I think you may do far more day to day management than I do at this stage of my career and I must confess that I deal mainly with new business and setting up new management along with major refurbishments and with my speciality which is the investment side of the business of buying and selling freeholds and dealing with lease extensions for a wide variety of landlords and for lessees as well. I have been doing this since 1993 when the legislation came into being and I would like to think that my experience stands me in good stead at Property 118
That having been said I have been a managing agent for getting on for 24 years now and I hope that the people on Property 118 find any advice I give on the subject useful.
As far as I know the original question was about registering a tenant's contact details not about their financial status although the issue of whether tenants on benefits had to be specified was mentioned but more in connection with insurance and whether or not insurers require such disclosure
As far as my last blog is concerned I pointed out the bit about Tribunal (formerly LVT) because quite frankly a lot of lay people think that Tribunal is the answer to their prayers and any complaint they have will be upheld. I have seen numerous occasions when lessees have been very disappointed to learn that Tribunal is actually unbiased and works to protect leaseholders from abuse and landlords from exploitation. I have spoken to advisors from LEASE on many occasion who have also had to disabuse people of the notion that a complaint will free them from any obligation to pay!!! The comment was not directed at a fellow professional
To elaborate for our readers a little further; I have never had to go to Tribunal but members of our firm have and they are always impressed by the professionalism of the people who sit and make decisions. There is normally a least one chartered surveyor as I understand it and they have not only a very good grasp of landlord and tenant but also an understanding of the realities of the management world.
I cannot see why any lessee would go to Court over an issue such as the correct amount to pay for a licensing fee (or indeed whether a licensing fee was appropriate) as Court would invariably refer it to Tribunal and a direct application to Tribunal to hear the matter could be made by the lessee in the first place without incurring any costs, as I understand the way things work. I still think that many of the freeholders who try this one on would cave in long before Tribunal sat and gave their Opinion
Our readers may not realise that t his sort of complaint regarding licence to let fees or fees for allowing a lessee to fit replacement windows (another favourite of this type of freeholder) is different to the issue of reminders and administration fees in respect of late payment or non payment.
As far as that sort of fee is concerned you are asolutely correct that it does depend on individual cases and to a great extent on what the lease says. Since charges and administration fees in respect of unpaid service charges are normally referred to solicitors who obtain a Judgment it is the Court who decides what is reasonable and what is not and once Judgment has been obtained the managing agents then go to mortgagees who will usually advance the funds if the lessee is not in arrear or negative equity. If either of this situations exist then mortgagees sometimes repossess.
As far as issues outside of day to day management if fees are notified and agreed on, at the outset of management, such as fees for dealing with Section 20 processes, charges for attending additional meetings throughout a year, dealing with issues such as nuisance and many other things then they are part of the management contract and therefore not usually a problem.
I hope this explanation is helpful for everyone. Enjoy the rest of your holiday.
Reece 1
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Sign Up20:41 PM, 17th June 2014, About 11 years ago
Just had a letter from simarc demanding £120 plus a reasonable fee because of under letting my flat.
Not sure if I should pay, or is this a money making exercise by simarc?
They have also asked for the agreement with my letting agent and the tenants details can I pass this on?
Ian Simpson
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Sign Up21:23 PM, 17th June 2014, About 11 years ago
Reply to the comment left by "Reece 1" at "17/06/2014 - 20:41":
I get these every year from SIMARC , who are really one and the same as GR Portfolios Ltd - an owner of thousands of freeholds up and down the UK ... Most people pay this fee and forget it. I do not. I consulted my solicitor two years ago about this very issue, and his advice was that a fee of £30 inc VAT would be more than sufficient for the "admin" involved - some photocopying, and entry of a name on to a spreadsheet - a job of three or four minutes. I have since then pointed this out to Simarc each year (stabndard letter , just change the date), sent a cheque for £30, and they banked it and didnt quibble, so they obviously realise this advice is sound!!
Rob
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Sign Up10:08 AM, 18th June 2014, About 11 years ago
I get those as well from simarc, I've just offered them £50. Make sure they don't charge you every 12 months, they can only charge you when you change tenants not every 12 months
Mark Alexander - Founder of Property118
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Sign Up10:23 AM, 18th June 2014, About 11 years ago
Reply to the comment left by "Rob " at "18/06/2014 - 10:08":
A very useful thread regarding this issue can be found here >>> http://www.property118.com/freehold-managers-unreasonable-fees-for-subletting-consent/61072/
It started with a Readers Question and you will see that I have responded with details of case law and a template letter to send to the management company "trying it on".
Hope this is useful.
.
Rob
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Sign Up11:41 AM, 18th June 2014, About 11 years ago
Thanks mark, although if it states Im my leases that the fee payable can be no less than £50 plus vat then I'm guessing my offer would have to be at least this?