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:
||means an account required to access and/or use certain areas and features of Our Site;
||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;
||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
||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
||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 firstname.lastname@example.org, 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:
- 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?
- 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?
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 email@example.com, or using the contact details below in section 14.
- 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:
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- 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:
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- 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
Mark Alexander - Founder of Property118
17:05 PM, 5th March 2014, About 9 years ago
Your additional clauses seem to be fair, clear and not unreasonable, well done. Please don't sue me if they don't work, I'm not insured to give professional advice, this is just my personal opinion.
I don't do holding deposits, I prefer to start a tenancy early and discount it significantly for an initial period - BUT only if I really have to. I hate void periods and think holding deposits are more trouble than they are worth. Having said that, I don't operate in the student lettings market where I understand that holding deposits can be a vital component of the business model.
With regards to affordability checks, my rule of thumb is that is the referencing company are prepared to back their judgement by offering Rent Guarantee Insurance that's good enough for me. I also recommend you to read this FREE guide to finding perfect tenants >>> http://lettingagentsonline.co.uk/free-guide-to-finding-perfect-tenants/
17:17 PM, 5th March 2014, About 9 years ago
Thanks for the mention and the link Mark 🙂
Note for Simon, if you are at all concerned about rent arrears or having to evict bad payers please take a look at this >>> http://lettingagentsonline.co.uk/rent-on-time-every-time/
19:50 PM, 5th March 2014, About 9 years ago
Thanks for your comments Mark and Adam.
I was surprised to hear that you don't do holding deposits Mark but, since you have infinitely more experience than me, assume that it's a sound approach. I guess the tenant paying their referencing fees is evidence of their commitment. I was also surprised to read the National Lettings article saying that the holding deposit is usually the same as the damage deposit. Four to six weeks rent as a holding deposit can't be right?!
Good point about the RGI backing for the referencing companies. If RGI only costs about 1% of the rental income, the risk is probably much less than 1% on tenants defaulting or causing damage.
Adam, I can see how the 'rent on time every time' will appeal to some people but, as long as short term cash flow isn't an issue, it doesn't seem to offer much more than RGI yet is significantly more expensive. Thanks anyway though.
8:44 AM, 6th March 2014, About 9 years ago
Clauses are fine especially as the second is word for word in an agreement I know very well - be careful not to be accused of breaching copyright or passing off.
Anything called deposit is dangerous and much depends on not wehy the money is take up front, but what hapooens to it later, and exactly when. Call anything like that a reservation fee, it might still be a deposit but is camouflaged as best you can. Amount is critical - start taking £1000 on a £750 rent and that will be a deposit for certain. I'd suggest no more than 50% of rent.
You must also be VERY specific about what happens to it if the tenant drops out. Under Consumer Law you cannot make a deposit fully non refundable because it is a payment made as part performance of a contract. You can only deduct reasonable costs, not start charging rent in lieu etc. Indeed if you do then it was a deposit all along.
Referencing companies usually allow 40% maximum of gross income to pay the rent - 35% is a very safe yardstick
13:37 PM, 6th March 2014, About 9 years ago
I have no problem with your first clause, but the second I disagree with completely. I suspect it would be difficult to prove if your tenants have been "heavy handed" and if an appliance stops working and you do not replace it, could lead to a dispute with the rent that is best avoided. We had a tenant that did not look after the fridge/freezer and we had to throw it away once they had left as the whole thing was a solid block of ice! We bought a new one once they vacated and they sent a thank you letter for being fair with their deposit, but if it had stopped working during their tenancy we would have replaced it at that time as you cannot do without a fridge/freezer and sorted out the money between us, or at the end of the tenancy.
Holding deposit - 6 weeks the norm in London.
Affordability checks - yes we find them appropriate.
13:38 PM, 6th March 2014, About 9 years ago
Thanks for the comments IO. I was going to ask for 25% of rent as a 'reservation fee', although am having second thoughts and wondering if it's more trouble than it's worth.
I was aware that it has to be refunded if the landlord declines the prospective tenant, but had thought that you were entitled to deduct for lost rent if they pull out. In my template for a receipt, I had:
"If the prospective tenant fails to progress the tenancy for any reason, or provides inaccurate information about themselves which leads to a failed reference check, the holding deposit will not be refunded."
I can see how the above statement might be considered an unfair term but, if it were changed to deductions for "reasonable costs" or something, I can't see why you couldn't keep the reservation fee (assuming you couldn't fill the property and had an enforced void)? Isn't it similar to losing deposits for late cancellation of restaurant bookings, or missed appointments? In any case, I will amend my statement, so thanks again for the advice.
13:42 PM, 6th March 2014, About 9 years ago
You may not like it and it is a practice I discourage with my clients, but there is absolutely no legal reason why a Landlord cannot disclaim repair and replacement responsibility. The alternative is simply to remove the item.
I think a better technique is a supplementary inventory, a page added on and signed by both with statements to the effect that say the tumble dryer is safe and fit for use but if it fails the Landlord will not be responsible for repair or replacement.
But I discourage it and I don't like it in an agreement though it is bevomeing more of a standard practice.
Forgot to mention in first post by the way that if it is an HMO then the clause would not be legal.
13:45 PM, 6th March 2014, About 9 years ago
Sorry missed your post.
It is a debatable point but I certainly would never use the D word unless it was for what was beyond all dount THE deposit. Your wording could act like a silent friend and be a bit like it used to be in Scotland - OK if you can get away with it but if challenged smile and return the money less reasonable and easily justifiable costs.
14:02 PM, 6th March 2014, About 9 years ago
I agree that it would be very difficult to prove that tenants have been heavy handed with appliances, but is this not the very reason that you'd want the second clause? Otherwise you could be liable for replacing four or five appliances that you provided out of your own good will (admitedly tenants expect them nowadays).
Do you really mean 6 weeks for a holding deposit / reservation fee, or do you mean the damage deposit (to be protected)?
14:08 PM, 6th March 2014, About 9 years ago
Good point Simon a 6 weeks holding deposit if challenged is going to be a deposit - too large an amount.
On these clauses I have just realised we are all missing the point of clause 2 it isn't for damage and heavty handedness, who broke something or did it just break is always a tricky one to prove.
The clause is there in case the item conks out and is beyond repair etc - so LL doesn't have to replace it.
I assume everyone is aware even in an agreement with no such clause, like yours Yvette, that any replacement item can be second hand with same expected life left in it as a failed item.
This assumes major repair not having reached end of life and so zero years left you couldn't replace for a tenant with that!!