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.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
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- 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 email@example.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?
- 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?
- 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:
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- 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;
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- 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?
- 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.
- How Can You Access Your Data?
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- Contacting Us
12:11 PM, 26th January 2023, About 2 months ago
Regards PI; you might find that the discrepancy is due to the subtle difference between a Fixed Term AST going Contractual Period or Statutory Periodic.
Sorry, don't have time to look it up but you might find this useful or someone else could expand.
12:16 PM, 26th January 2023, About 2 months ago
Not a lawyer but my understanding is that a valid PI must contain, per The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 g(vi):
"the circumstances when all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy".
This is why the PI requires a tenancy deduction clause and may be invalid without it. A section 21 is not enforceable if a PI was not served on the tenants within 30 days of receipt of deposit. Moreover, you may be liable for up 3x the amount of the deposit for this failure.
I do not understand point 3; Right to Rent guides (and other tenancy documentation) does not need to be served if tenancy becomes periodic.
12:21 PM, 26th January 2023, About 2 months ago
interesting - I always thought that the PI document
has only to meet the requirement by being SERVED to tick the S21 box???
if it was a fixed term 6 mth AST then went contractually periodic - there is no new tenancy so not necessary to issue another how to rent guide.
or am I wrong too??
12:23 PM, 26th January 2023, About 2 months ago
Firstly, stop taking deposits...the paperwork is not worth the hassle (especially when it trips you up).
As for point 3, if that is indeed correct (and there's argument that once periodic, each month is a new period and a new tenancy, so it's a ridiculous expectation), just serve the current/relevant H2R Guide (IF it's changed, which it hasn't for some time now) and re-issue Form 6A and start over.
12:27 PM, 26th January 2023, About 2 months ago
There is no necessity to serve hard copy of DPS Ts & Cs to tenant as far as I am aware - maybe I too am wrong?
I give tenants an option of e-version or paper (they always prefer e-version), and I always get a digital signature on the PI to confirm that it has been received by them.
12:47 PM, 26th January 2023, About 2 months ago
Reply to the comment left by Luke P at 26/01/2023 - 12:23
Wholeheartedly agree, deposits are a nightmare and should be avoided at all cost. I have seen many of my fellow landlords fall foul of deposit protection rules even when they have done everything correctly.
14:18 PM, 26th January 2023, About 2 months ago
When a tenancy lapses to periodic, the periodic tenancy is a new tenancy.
Information served on the tenant at the start of an AST must be served again at the start of a periodic tenancy.
A tenant must have been served with 'prescribed information'.
I serve this by:
3. Get the tenant to sign a letter stating that the prescribed information has been received.
4. Get the tenant to sign a copy of the prescribed information.
5. Re-issue the prescribed information as a tenancy lapses to periodic. Re-sign everything above.
6. Make all the above permanently available by dropbox or similar.
How to rent guide
I repeat everything above for the How to Rent guide.
You must ensure that you serve the then current version or it doesn't count. Even if it's only a redesign of the cover picture or some Gov intern has taken out some useful information by mistake.
(What happens if I serve one version in the morning and it is updated later that day?)
In fact, and it's a complete pain in the a**e, I give the tenant every update, sign letters etc. as above every time. I have had comments from tenants ... a common one being - what's the difference? - in the past I have used PDF difference software to identify the differences though some update notes are published now (link below) ... the how to rent guides don't have history in them or update summary in them. The documents historically (histerically) have had a variety of naming formats. The Gov only make the latest available so you MUST catch it while it's flying or go elsewhere for histerical versions. The government release the documents by stealth so check every month.
The latest How to Rent version from HM Gov doesn't even have a reference number, Crown copyright, product code or version number - just 'December 2020' in the footer - of - the - second - page. So I assume it is 10 Dec.
Consider the following fun and games:
I provide a tenant with a folder that I personally visit and update with the new documents and signed letters. It is surprising how many folders (like smoke detector batteries) get lost or are repurposed. The cost is minimal but losing at a hearing is expensive. I have found that extraordinarily comprehensive information makes a magistrate sigh. There is absolutely no way that they will have read even 1% beyond my summary.
When filing my latest (and final ever) s21, I included every document served on that tenant, every letter acknowledging receipt signed by the tenant, screen shots of dropbox file locations where the same information is available electronically to the tenant 24/7/365 - and a photo of the folder with the tenant in the background. It made the s21 an enormous document.
The only thing that stumped me was the question 17c
'If there is no relevant gas appliance in any room occupied by the
Defendant, has the Claimant displayed in a prominent position
in the premises throughout the tenancy a copy of the gas safety
record with a statement endorsed on it that the Defendant is
entitled to have their own copy of the gas safety record on request
to the Claimant at an address specified in the statement?'
Perhaps someone can unpick this for me? No gas = no need for a GSC. Who else has done this? And, if the tenancy is already underway, is it too late for a LL to redeem themselves?
Every GSC ever was delivered as above, as well as independently by post by British Gas, was available electronically 24/7/365. As was all electrical work, repair work, meeting notes ...
I simply do not trust LA's, Courts, Government to make the right decision let alone a timely or cost effective one for anyone concerned.
14:39 PM, 26th January 2023, About 2 months ago
I serve any updated How to Rent guide by email attachment immediately it is notified.
14:51 PM, 26th January 2023, About 2 months ago
so is a S21 legally 'invalid' in this case ONLY be virtue of not having detail in tenancy deduction clause?
I thought that S21 is invalid if you didnt serve the actual document.
So if we follow this through, how do you add in the missing info and re-serve it? Amend the existing PI and reserve the whole document or re-write another one? Do you date it todays date or the date when then deposit was taken?????
15:33 PM, 26th January 2023, About 2 months ago
"so is a S21 legally 'invalid' in this case ONLY be virtue of not having detail in tenancy deduction clause?"
I cannot answer this definitively. Whether the PI you served is substantially compliant with the legal requirements is a matter of fact and degree.
"how do you add in the missing info and re-serve it? "
Yes, that would ensure that the S21 was enforceable.
However, there are practical as well as legal considerations. Re-serving the PI may alert the tenant to a potential claim for failure to serve a valid PI within 30 days. You may decide you prefer to risk this, not serve a new PI, and represent yourself/use a different solicitor.
"Amend the existing PI and reserve the whole document or re-write another one? Do you date it todays date or the date when then deposit was taken?????"
PI don't contain today's date from what I recall.