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.
reader
9:29 AM, 27th June 2019, About 5 years ago
These are interesting thoughts.
So could there be a suggestion that the applicant buys an option for a lease that becomes payable on exercising that option?
Ian Narbeth
10:22 AM, 28th June 2019, About 5 years ago
Reply to the comment left by at 27/06/2019 - 09:29
Dear reader
I don't follow what your comment has to do with my post. In short term resi leases, options for a lease are not used.
Chris @ Possession Friend
17:55 PM, 28th June 2019, About 5 years ago
It doesn't seem complicated to me.
Landlord takes Holding fee ( One weeks worth of rent for up to 15 days, extendable by mutual agreement )
Reference checks done, landlord happy to grant tenancy and therefore, asks prospective Tenant to pay the remainder of a months rent to add to the Holding fee with tenants agreement , that it should constitute one months rent in advance.
Prospective Tenant also pays the Deposit and all cleared funds before Tenancy agreement is signed.
Everything apart from the Holding fee, is what we currently practice.
reader
19:28 PM, 28th June 2019, About 5 years ago
I have never taken holding fees because my agents do not. However if I had control of such matters I would be keen to ensure the rental loss due the vacancy is reduced. Where it is increased due to problem with the perspective tenant why should they not pay. It is just a case of finding a method that is legal.
May be introducing an options contact you is a way forward?
Kate Mellor
18:57 PM, 30th June 2019, About 5 years ago
I think Tessa in her Landlord Law Blog has mistaken the emphasis on whose "intention" is relevant. When I read Tessa's article I followed her reasoning that the legislation referred to the LL/A's intention, but on reading your post it's clear that it is the intention the tenant (or prospective tenant) had when making the payment which is relevant.
Surely a judge would use the "reasonable person" argument to decide whether given the circumstances of the case a reasonable person would have believed the payment they were making was to be treated as a holding deposit or not? So all that is required is to be clear when asking a tenant for the funds what it is the amounts are for (and what they are NOT for).
I've never taken a holding deposit in the past, (although that may change in the very near future). Having read this information about ARLA's latest warning, I simply added an extra paragraph to the email I sent to my latest applicant as follows: "Any money paid to us in advance does not constitute a holding deposit, unless specifically agreed in writing. It is only for the purposes described and all deposit and rent money will be fully refundable should the tenancy not go ahead."
Obviously this wording may not suit everybody as you may wish to retain money in certain circumstances. I don't ever do that and I've yet to have a tenant back out at a late stage (touch wood), or I may feel differently. Basically though I didn't want to have to overthink the wording, I just wanted to protect myself from ANY possibility that a tenant could argue they reasonably believed that the money would be treated as a holding deposit of any kind. I will probably develop my processes much further in the coming months to incorporate the necessity of protecting oneself from the fallout of these new measures.
As many have said regarding the tenant fees bill the applicant has no skin in the game. They could potentially be putting in multiple applications for properties in order to ensure they have the choice should something better not come up during their house hunt. In fact an agent told me just this past week that they had a prospective tenant who wanted to call in and apply for a property. When the agent said she would need some time to prepare the paperwork, could they perhaps come in at X o'clock? The answer was, "Oh yes. That'll be fine. We're viewing another property right before that, so we can come to you after the viewing." (!)
So, as a landlord, if I'm paying for the referencing process and there's every chance the tenant isn't even serious, then it follows that I am going to have to familiarise myself fully with the intricacies of the holding deposit legislation...
Ian Narbeth
10:31 AM, 1st July 2019, About 5 years ago
Reply to the comment left by Kate Mellor at 30/06/2019 - 18:57Kate, you write:
"I simply added an extra paragraph to the email I sent to my latest applicant as follows: "Any money paid to us in advance does not constitute a holding deposit, unless specifically agreed in writing. It is only for the purposes described and all deposit and rent money will be fully refundable should the tenancy not go ahead.""
I don't understand how you are not getting into holding deposit territory. If the tenancy has completed, then the money is rent/tenancy deposit and will be retained. If, however, the tenancy does not go ahead then you are returning money paid in anticipation of the tenancy occurring. That looks very much like a holding deposit. The courts look at the substance and not the form. Simply stating it "does not constitute a holding deposit" is not decisive of the point. You should be very careful.
Furthermore, there seems little point in taking money in advance if it "will be fully refundable should the tenancy not go ahead". What if the tenant backs out at the last moment? In practice if you refund every penny it is unlikely a tenant will complain to the Council.
It's a sore point for me at the moment as a prospective tenant of mine who was due to move in today has done just that and decided to move up North. He has texted that he knows he will lose his holding deposit. Very true, but I now have to give formal notice in writing to him explaining why the deposit is being forfeited.
reader
11:09 AM, 1st July 2019, About 5 years ago
Ian does my earlier suggestion of purchasing an option for a lease, albeit under two years duration, help at all?
Ian Narbeth
11:17 AM, 1st July 2019, About 5 years ago
Reply to the comment left by at 01/07/2019 - 11:09
Please explain what you mean. Are you suggesting the tenant pays a premium to acquire an option allowing the tenant to take a lease?
reader
11:26 AM, 1st July 2019, About 5 years ago
Would the premium issues apply? Assignment etc...
Yes I am suggesting that an exclusive option to take a lease under two years might be useful. It is I suggest the sale of an exclusive right to obtain a lease subject of course to the usual background checks. It prevents outside competition for the tenant while the necessary checks are executed.
Ian Narbeth
11:37 AM, 1st July 2019, About 5 years ago
Reply to the comment left by at 01/07/2019 - 11:26
I don't think that works. It is not an option for the tenant if you can pull out. If all you are offering is to take the property off the market whilst referencing is carried out, that is precisely what happens with a holding deposit. You are not "selling" anything by granting this "option". You are simply taking a holding deposit. Or are you doing something different?