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.
michaelwgroves
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Sign Up15:03 PM, 19th August 2020, About 4 years ago
I now have a bit more information on the actual defence.
Remember, the possession order was awarded on the probability that the EPC was severed before the section 21.
The appeal is based on The Energy Performance of Buildings Regulation 2012, part 2, Regulation 6(5) "The relevant person must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the buyer or tenant"
Their interpretation is; 'you must ensure it is given'.
My interpretation is; 'you must ensure it is given free of charge'.
Whilst the gas has similarities, it's not the same. Is there any cases that have dealt with EPC proof of service?
Giles Peaker
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Sign Up18:17 PM, 19th August 2020, About 4 years ago
Reply to the comment left by michaelwgroves at 19/08/2020 - 15:03
There are no known cases on EPCs yet. The requirement is that the tenant must be given the EPC prior to any s.21 notice being served. ('Free of charge' doesn't change anything, just that you can't charge.)
It is not the same as Gas Safety Records as the requirement is based on the Energy Performance Regulations, not the Gas Safety Regulations.
But this is all separate from evidencing that the EPC was provided to the tenant.
Giles Peaker
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Sign Up18:25 PM, 19th August 2020, About 4 years ago
Reply to the comment left by Denise G at 19/08/2020 - 13:15Hi Denise
I'm afraid that won't work. In particular, the How to Rent Guide has to be to either given to the tenant in hard copy, or a pdf copy by email - but only if the tenant has expressly agreed that their email can be used for service of notices etc.
Doing it your way means, I'm afraid, that you haven't met the requirements of regulation 3 of The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015. The tenant could well argue that any section 21 notice is invalid, unless you have subsequently given them a hard copy of the Guide.
I would also not be certain that 'giving them access to a place to view documents' would stand up as 'providing' the documents.
Denise G
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Sign Up21:39 PM, 19th August 2020, About 4 years ago
Reply to the comment left by Giles Peaker at 19/08/2020 - 18:25Giles I'm not sure you quite understood - all of our tenants were given hard copies of all the documents required at the commencement of their tenancy. They were all handed over in an actual real A4 ring binder folder with their keys, so I'm pretty sure I have met the requirements of Regulation 3 of The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015.
The Right to Rent booklet wasn't even a thing when 3 of our 4 tenants moved in prior to 2015 - but the 4th was given his hard copy along with the hard copies of his TA and Inventory and DPS documents etc., to keep in his folder provided for the purpose.
In fact now all of our tenants have access to a copy of the Guide - even those for whom it was not legally required.
I am simply using Dropbox to pass on and store electronic copies of the annual Gas Safety Certificates etc, for ease of reference as each crops up. All documents are also sent by e-mail attachment (with tenant's agreement and consent), or in some instances Tenant Copies are left at the property by the Inspector.
I of course, have no control over whether those additional documents ever make it into the Tenancy Folders I provided, or that those I put in myself at the commencement of the tenancy actually stay there. Nor can I prove that the tenants ever had them should they decide to deny that - BUT I can now prove that they signed my form confirming they had them, because I keep that with my own records and I can also prove, using my own email records, that they have been given access to a DropBox folder specific to their property - because they have all replied to my e-mail as requested to confirm both that they received the link and that they can access the folder.
It's my understanding that my ICO licence covers me having, holding and using their data for the purpose of communicating with them about their tenancies – hence, for the avoidance of doubt, I have include a scan of that too in each of their Dropbox folders.
Giles Peaker
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Sign Up22:10 PM, 19th August 2020, About 4 years ago
Reply to the comment left by Denise G at 19/08/2020 - 21:39
OK, you hadn't made that clear.
Giving the booklet not a requirement for any pre October 2015 tenancies, but would be on any post October 2015 renewal tenancy.
I would still be cautious about relying on the dropbox link as meaning documents had been 'provided' to the tenant, even if you have a confirmation from them that they have accessed the folder. This is a grey area and may or may not hold up in court.
Denise G
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Sign Up23:22 PM, 19th August 2020, About 4 years ago
Reply to the comment left by Giles Peaker at 19/08/2020 - 22:10So what hadn't I made clear in my original post, when I stated "I reminded tenants that they have been given all of this information before, for them to file in the actual folder we give all new tenants at the start of their tenancies, but said I hoped this new way of keeping everything together would be easier and more convenient for us both."?
I am aware that the Right to Rent booklet did not NEED to be given to any tenants whose tenancy commenced prior to October 2015 (so that's 3 of our 4), but as I said ours now all have it available to them to refer to (or to ignore, if they chose to do so), since it's included in the Dropbox folder
As of now, our tenants have been provided with all of the information I am aware that they should have, in 2 formats - one of which is evidenced by my copies of e-mails sent and received, while the other (the original hard copies they have in their possession) relies on my securing a signature confirming they have been provided with everything listed on my form. What more should I (or could I) be doing?
Perhaps you could share how you evidence (so that it will stand up in court) that your own tenants have been 'provided' with all of the prescribed information?
Giles Peaker
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Sign Up23:51 PM, 19th August 2020, About 4 years ago
Reply to the comment left by Denise G at 19/08/2020 - 23:22
I don't have tenants, I am a lawyer.
I have to say that if you re providing all this to tenants in hard copy, then the dropbox backup route is legally neither here nor there. You can't confidently rely on it as evidence that the tenants have been provided with the required documents. So, it is a certainly good thing to do, but doesn't add any certainty to your legal position when it comes to the requirements for a s.21.
Getting the tenants to sign a handover form on the original file and contents list would do, though.
michaelwgroves
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Sign Up9:18 AM, 20th August 2020, About 4 years ago
Reply to the comment left by Giles Peaker at 19/08/2020 - 18:17
Does the judge have any discretion, can he decide on probability it's likely the EPC was served (as he did previously). Or is it black and white, no hard evidence means it has not been served?
Giles Peaker
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Sign Up12:09 PM, 20th August 2020, About 4 years ago
Reply to the comment left by michaelwgroves at 20/08/2020 - 09:18
That is exactly the kind of issue of dispute of facts that Judges decide - hear the evidence from both sides, then decide on the balance of probabilities what happened.
Hamish McBloggs
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Sign Up11:24 AM, 26th August 2020, About 4 years ago
Reply to the comment left by Denise G at 19/08/2020 - 13:15
I use box.com. rather than dropbox.
When communication has become difficult I have myself filmed posting documents and uploading the film to the (GDPR compliant) cloud. I cannot change the date and time of the upload and if downloaded, the date and time of the file is will be a few minutes before the upload date and time.
Perhaps we should all livestream to the magisterium where the Dark Lords can chair the signing ceremony and witness/record the correct exchange of the correct documents or a posting of a witness statement.
A film (cert U) that can be recalled automatically by a court as evidence if the LL/tenant relationship has broken down.
Or maybe if the Dark Lords are incapable when it comes to modern technology, perhaps a framework allied to the DPS or similar where all documents and agreements are stored in a manner that is admissible evidence.
This system could have contexturaly appropriate checklists that must be completed with documents uploaded before an agreement can be considered complete. All parties must acknowledge everything or no keys and reasonable, automatic disincentives for either party to muck the other about.
The service could calculate the value of the deposit so we're not screwed by a rounding error.
The service itself would be guardians of the checklists and curators of documents but would not be able to see the documents. These are private between the LL & tenant.
The service can 'autopopulate' with generics such as How to Rent guides to ensure these cannot be missed or considered out of date.
The documents are automatically requested and admissible as evidence as part of any dispute thus entirely eliminating this stupity because they must be asutomatically correct.
Because the checklists and generic docs are updated by the relevant Gvt depts they can never be out of date.
The service could even send reminders. E.g. Gas safety is due to the landlord or rent payment reminders to the tenant.
The service could provide a structure to correctly end a tenancy.
The landlord could keep a rent book there. Again a formal document with agreed structure admissible as evidence.
If communicating with a tenant/landlord is 'difficult' (they go off grid) then the service could objectively assess and send out reminders. It could also suggest what the next steps might be if rent isn't paid or a gas safety check is missed.
It could automatically and correctly engage bailiffs if warnings have been ignored and relevant checks made to make sure the tenant isn't in a coma in a hospital through no fault of their own.
Tenants who abscond leaving a landlord without possession could have their tenancies automatically teminated.
It would sort 80% (made up Pareto statistic) of small/private landlord disputes without a Dark Lord even having to powder a wig.
It would reduce the pressure on the Courts, speed up the process and reduce costs.
etc.
Just thinking
Hamish Orwellian McBloggs