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 Up9:40 AM, 9th July 2013, About 11 years ago
I want to help Louise.
Good landlords hate bad landlords almost as much as they hate bad tenants. It is the rogues which legislation is created to drive out of business. They simply ignore it and good landlords pay the price!
That's why I created The GOOD Landlords Campaign
Now, here's what you can do and a bit about your rights.
1) First, your landlord can't make you move out, only a judge can sign a possession order. If your landlord did not protect your deposit within 21 days and issue you with prescribed information the judge will not grant possession under section 21.
2) If you believe you are being harassed you should call the Police. You should also contact your local Council and ask them who performs their TRO function, then request to speak to that person and point them to this article.
3) You may be entitled to compensation of up to three times your deposit if your landlord has not followed the proper procedures in terms of protecting it. I suggest you contact Tessa Shepperson at Landlord Law - see >>> http://www.property118.com/member/?id=273
4) There are far more qualified people who visit this website to advise you what to do about the Gas Safety Cetrtificate so I will leave that to them.
Tessa Shepperson
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Sign Up10:11 AM, 9th July 2013, About 11 years ago
This situaion is known as retaliatory eviction. The CAB wrote a well known paper about it quite a few years ago and I wrote about it last year here http://www.landlordlawblog.co.uk/2012/07/30/housing-law-the-bigger-picture-eliminating-retaliatory-eviction/
There is not a huge amount you can do about it if the Landlord gets his paperwork right, although you should be entitled to claim rehousing from the Local Authority - see here for guidance http://www.landlordlawblog.co.uk/2010/09/06/tenants-legal-help-local-authority-re-housing/
As regards the tenancy deposit claim, this is not work that I do, but you should be able to find firms who will offer a no win no fee service on the internet.
Industry Observer
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Sign Up10:20 AM, 9th July 2013, About 11 years ago
Louise
All comments are spot on and are good advice. Your Landlord may be able to serve the notice on you, but all he achieves by doing that is terminate the agreement under which the tenancy is operated. As Mark says only a Judge can actually terminate a tenancy agreement by way of a Court Order.
In terms of what happens when the notice matures on 31st August your Landlord can demand all he likes that you vacate, but your legal right is to stay because the tenancy will go what is called periodic, and simply roll over a month at a time.
A firm you can contact that operate a no win no fee basis is Anthony Gold and Partners ask for Phillipa Graham at Anthony Gold and partners
Tel: 020 7940 4000
Email: Philippa.Graham@anthonygold.co.uk
Web: http://www.anthonygold.co.uk
Lloyds Bank Chambers
186 Streatham High Road
Streatham
SW16 1BG
They are VERY good.
I doubt by the sound of him that your Landlord has protected your deposit, but even if he has my guess is he will have made a mess of a form called Prescribed Information that he also has to serve on you within 30 days of handling your deposit money. Even if he has served it I'll bet he has made mistakes in it which will render him liable for the penalties correctly outlined by Mark.
You can check with the deposit schemes if a deposit is held on your property in the name of the landlord (I assume he does not use an agent) simply by contacting each of the Schemes in turn. Start with DPS
Mark Alexander - Founder of Property118
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Sign Up10:24 AM, 9th July 2013, About 11 years ago
Reply to the comment left by "Tessa" at "09/07/2013 - 10:11":
I can't see how this landlord can possibly have got his paperwork right Tessa, can you? If he had, Louise would have received a copy of the deposit Protection Certificate and also the Prescribed Information.
If I were Louise, I be retaliating myself. Given that claims for failing to protect deposits can go back six years, if Louise knows the previous tenants perhaps she should be giving them the "heads up" on the potential for a nice little windfall too?
Word of caution to Louise - do watch out for ambulance chaser legal services forms offering "no win no fee". Always try to deal with a qualified solicitor who is recommended by somebody you know and trust wherever possible. The proper name for "no win no fee" is a Conditional fee agreement, also referred to by solicitors as a CFA. Citizens advice may be able to put you in touch with a local solicitor who does CFA's if you get stuck.
Adam Zeeblebum
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Sign Up10:31 AM, 9th July 2013, About 11 years ago
Hi Louise
I agree with all of Mark's comments above.
It's very difficult to give reliable and accurate advice on a situation like this without seeing the tenancy agreement you have. However, based on what you have said, I would guess that the Section 21 notice isn't valid.
The law on the validity of Section 21 notices and how that is affected by whether or not deposits are protected, and whether or not the landlord has provided the tenant with information about that, is complicated. Case law on it is coming through thick and fast at the moment, so it is an area that is developing. So, whilst none of these are cast-iron reasons why the Section 21 notice isn't valid, there are three things in what you have said that make me question its validity:
- the Section 21 was served at the same time as you signed the tenancy, i.e. before you deposit could possibly have been protected
- there's a strong sense that the landlord hasn't protected your deposit at all
- even if the landlord has protected your deposit, it sounds like he hasn't given you any information about this
But on this particular point, I would strongly recommend re-visiting the CAB and taking with you your tenancy agreement and any other paperwork or correspondence you have received from your landlord. They should, on the basis of that, be able to come to a definitive answer on whether or not the notice is valid, and advise you on what your housing status and housing rights are. They would also be able to provide you with advice about the possible compensation claim that Mark mentioned in his third point above.
Regarding the harassment, I agree with Mark - contact the Police and the Council about this. I would also let the Council know about the gas safety certificate. In addition, keep a journal of all contact that you have with the landlord, and of all the problems that there have been with both the property and with the landlord's conduct and management of the property.
Unfortunately, although the short-term situation might be alleviated somewhat, along with the possibility of having to move out of the property fairly soon, from what you have said I doubt very much that this property will ever be a comfortable and enjoyable place for you and your daughter to live. I'm sorry to be pessimistic, and I hope that I am wrong. However, an approach to your Council's homelessness service might be in order to make a homelessness application, on the basis that it is not reasonable for you to remain in the property. I won't go into any more detail about that at the moment, but if you decide go ahead with that option, or even if you're just considering it, I'd be happy to provide more information about that and answer any questions that you might have.
Adam
Mark Alexander - Founder of Property118
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Sign Up10:33 AM, 9th July 2013, About 11 years ago
Reply to the comment left by "Industry" at "09/07/2013 - 10:20":
My old arch enemy do have some uses LOL
Louise should find this page on the shelter Housing charity website very useful to identify whther her property is registered >>> http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes
Louise Mac
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Sign Up10:37 AM, 9th July 2013, About 11 years ago
Reply to the comment left by "Industry" at "09/07/2013 - 10:20":
Thanks for this advice. I have numerous emails asking for this information he has stated on one which does in say "the landlord retains the deposit" then in the next email he says it is with a dps scheme but again he refuses to give me the information. I am distraught as to how he can get away with this. If there is anyone whom can help me legally to take him to court I would be grateful the stress worry and anxiety he has bestowed on my daughter and myself is unbearable but I cannot let him get away with it he's made my life a complete living hell
Tessa Shepperson
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Sign Up10:38 AM, 9th July 2013, About 11 years ago
Reply to the comment left by "Mark" at "09/07/2013 - 10:24":
Sorry, yes, if the deposit has not been protected then the section 21 claim cannot succeed. To be able to serve a valid s21 notice the landlord will need to refund the deposit money first. This will not affect your rights to the penalty.
Mark Alexander - Founder of Property118
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Sign Up10:38 AM, 9th July 2013, About 11 years ago
ONE MORE PIECE OF ADVISE FROM ME TO LOUISE
Continue to pay your rent, continue to respect the property and continue to respect your neighbours. If you do all of these things your landlord will find it VERY difficult to serve you notice under section 8. If you fail to do all of these things you may end up with two problems: 1) losing your home and 2) the council refusing to re-house you on the grounds that you have made yourself intentionally homeless.
Louise Mac
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Sign Up10:57 AM, 9th July 2013, About 11 years ago
Just spoken to Philippa unfortunately my deposit of 650 pounds does not give them enough scope.... It was worth a try as I will try anything to fight this rogue landlord. If anyone can help me prepare a civil court case I have numerous emails asking for the documentation and for repairs to be done. At my wits end now. He's going to get away with it once again