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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||Used only to collect performance data, with any identifiable data obfuscated
||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.
- 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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||Helps to understand how their visitors engage with our website
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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
15:23 PM, 22nd April 2013, About 10 years ago
That's a really interesting question Alun and I'm not sure of the answer. Basically you would be passing on the costs of recovery action as opposed to charging for admin wouldn't you? Something in the back of my mind tells me this could be looked upon as you issuing a fine though and I also have a sneaking feeling that might not be allowed and could constitute an unfair contract. However, I'm really not sure of my ground on this one so I have invited some industry experts to share their knowledge.
If what you are suggesting can be done I may well be copying your new strategy myself. It seems to make a lot of sense, especially the point you made about de-personalising the issue and making it very clear that you will not tolerate arrears of any nature.
18:58 PM, 22nd April 2013, About 10 years ago
I think once you have designed a strategy; this would be stated on any subsequent AST.
This would leave tenants in no doubt as to the recovery process.
If you have RGI you effectively have 3 strikes.
This for rent paid in advance would man that after 2 rental months and 1 day the tenant is 3 months in arrears.
My RGI policy gives me 90 days to submit a claim.
If you wish to give the tenant opportunity to pay before you submit a RGI claim you could.
It would be up to you how much forbearance you would allow.
9:18 AM, 23rd April 2013, About 10 years ago
Yes if its in the contract they sign up to ( the AST ) then you can charge for it is my view . As long as it doesnt fall foul of the law and becomes contrary to the Unfair Contract Terms Act.
If Bank of Ireland customers can lose hundreds of pounds due to BoI`s disgraceful action in suddenly raising their SVR rate by invoking one of their special conditions - then charging a bit extra for a legitimate recovery expenditure is fine, The FSA takes no action against BoI for their seemingly unfair contract so I`m sure individual landlords charging a small fee for recovery of debt is not an issue.
Many big institutions charge £20 here £20 there for writing a simple letter or pressing a button on a keyboard so write it on the AST draw their attention to it before they sign on the dotted line and invoke the clause if and when the need arises. Tenants cant say then they havent been warned.....
10:21 AM, 23rd April 2013, About 10 years ago
Charging the cost of collection is pretty normal in all debt situations and is certainly acceptable in the event of a moneyclaim through the courts for rent arrears etc. I also have an admin charge in my AST for 'missed payment letters' I send to tenants. The key is show your charges in the AST and they must be reasonable in amount.
13:16 PM, 23rd April 2013, About 10 years ago
Interesting question Alun. Yes it's quite common for you to charge tenants for extra admin fee if they in overdraft. It's important that you state this within the Terms and Conditions on the contract, as you can always go back on it.
14:18 PM, 23rd April 2013, About 10 years ago
As others have commented, if it is in your AST and it is a reasonable cost then there should be no reason why you cannot charge this back to the tenant. Here at The Online Letting Agents we use this phrase in our AST - "If the Tenant is in breach, he acknowledges that he may be liable to pay reasonable costs incurred by the Landlord". Clearly the tenant is in breach of their contract if they are in arrears. You may want to expand the point by mentioning that this may include, but is not limited to, the issuing of letters and notices, instructing debt recovery agents etc etc.
Hope that helps!
13:13 PM, 24th April 2013, About 10 years ago
To comply with The OFT rules ensure you have a contract, policy or terms and conditions in place that allows for the addition of fees to the consumer debt. The OFT will prohibit such action unless this is in place and therefore we as a debt collection agent would be unable to pass our charges on to your customer for historic debts.
12:23 PM, 25th April 2013, About 10 years ago
I've not used any of the debt collection agencies mentioned on this site recently - I don't have any UK arrears at the moment, and I'm put off by the trace fee for historic debts.
However it seems from the posts here that it would be preferable for the debt collectors to add their fees to the amount they are chasing. It obviously makes sense to add something to the contract stating this might happen, but isn't it the norm that collection costs are added to the debt in all sorts of situations - private parking charges springs to mind, without prior warning?
Mark Alexander - Founder of Property118
12:33 PM, 25th April 2013, About 10 years ago
@JohnF - it's a good point you make. I've just had a successful trace come back and I have asked for my claim to be increased by £69 + VAT which is the trace fee plus the 15% collection charge.
The 21 day process starts now so it will be interesting to see what happens.
In truth I may be taking a bit of a flyer as I don't have a clause regarding collection charges in my AST. However, as you rightly point out, fees are added to collection bills as a matter of course by most collection companies so it may well just be taken for granted that fees need to be paid by my debtor. Only time will tell.
To be honest, anything I get back will be a bonus and it's worth £69 + VAT to me just to know that they will be getting letters and phone calls which will no doubt make their lives a little less comfortable - not that I hold grudges of course 😉
15:03 PM, 25th April 2013, About 10 years ago
Alun, as you've raised the prospect of referring current tenants to debt collectors, how will this affect ongoing rent payments. Let me give an example.
Rent is £500pm. Tenant loses job and starts paying £400pm. You refer to agency with £200 arrears. Next rent due date, tenant pays £200 arrears to agency (who pay you £170), and £200 to you. You've just lost £30!