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
16:28 PM, 28th June 2013, About 10 years ago
I have mixed views on this, nobody likes someone actively searching for a fault in their business practices and in that respect I am against it, in the same way I imagine every UK bank is against PPI refund claim centres.
However, I personally think it may be what the industry needs. It will root out all the agents and landlords who don't comply with current legislation. I recently discussed the need for agent regulation, and in another thread the need for legislation to be enforced as opposed to creating more legislation. This is more or less the outcome albeit in a quite intrusive and potentially offensive manor. It means landlords and agents will have to adhere to the rules and regulations set out in the industry and someone is in effect enforcing these Laws.
I'm sure there will be many who disagree with this opinion but if you are carrying out your business practices correctly whether an agent or landlord you have nothing to worry about from these vultures.
As I see it, sooner or later this was going to happen, whilst they are the first I've come across they certainly will not be the last and they will make a fortune from landlords and letting agents who haven't protected deposits correctly.
I'm sure many people will be commenting on the Superstrike V Rodrigues case after my comment and let us hope that the NLA's press release is correct to limit the number of people who suffer from these no win no fee businesses. But I think that this maybe a discussion for when we have a clearer understanding of the implications.
As a synopsis I have an instant hate for them because they are trying to extract money from landlords and agents who may well have made a mistake. This is no different from any other no win no fee business simply put some people will get stung by this as the banks did with PPI, but on another note banks don’t miss-sell PPI anymore, and I believe that this will have a similar effect on the letting industry.
16:50 PM, 28th June 2013, About 10 years ago
What will happen to Professional Indemnity Insurance premiums for Letting Agents in the wake of this?
Presumably the primary line of attack will be whether prescribed information has been served correctly. How many tenants will have kept the paperwork? I suspect very few of the types that will try on a claim.
This will leave the ambulance chasers in a position whereby they need to write to landlords and letting agents to request copies. I have no doubt that they will be incredibly aggressive demands but I suggest you ignore them, even if you are 100% sure that you have done everything right. That will leave them only one option which is to take you to Court. This will cost them money and aggravation. Another way to irritate them if they do issue Court papers is to request the case to be heard in your local Courts. That will defer the case at the very least and cause them even more aggro and expense as they will have additional travelling costs. Do not send your defence to the Court or any supporting evidence until a few days before the case is heard. If you are unwell or the Court date is inconvenient you can also apply for a change of date. Clearly they are hoping to take 50% of the winnings. Their business model will be heavily reliant on high volume, low costs, minimal defence. Make it difficult for them and they will soon give up.
Please feel free to share this advice with all landlords and letting agents you come across. I suspect many of them will otherwise be unaware the problem until they receive their first nasty letter. Be kind, prepare them.
Good luck (wink wink)
17:03 PM, 28th June 2013, About 10 years ago
@Anon - Professional Indemnity is a very good point, i can only see one of two options, either premiums go up, or deposit protection claims become excluded from the policy.
17:22 PM, 28th June 2013, About 10 years ago
Another Shelter initiative perhaps?
17:25 PM, 28th June 2013, About 10 years ago
Crazy world isn't it? This will confuse my tenants even more! Not one of my tenants so far has even remembered their deposit protection number at the end to release their deposit, yet alone whether or not I served them all the correct forms. Thank goodness I keep my records straight here and ensure most of my correspondence is by email, which I keep for ever, so can produce a reminder of what was sent when needed.
17:30 PM, 28th June 2013, About 10 years ago
Maybe someone should ask why they have not put their MOJ licence number on the video.I believe it is a legal requirement.
Howard Reuben Cert CII (MP) CeRER
18:15 PM, 28th June 2013, About 10 years ago
All Firms actually listed can be found here > https://www.claimsregulation.gov.uk/search.aspx
21:27 PM, 28th June 2013, About 10 years ago
Spotted the flaw in their plan !!!
Actually it's 2 flaws
1. They state one and a half times the deposit back.
But it's 3 times if they make the claim themselves.
So when we get a tenant trying to make a claim via this questionable service we just point out how much the service is making out of them. Only have to offer £10 more.
Out of court settlement
2. Once a tenant makes such a claim just point out how long he has on the AST
And that landlords do talk to each other and WE do have a data base of bad tenants. It's a list of difficult tenants which, once evicted may find it difficult to find another landlord prepared to trust them.
If you saw any other flaw please let us know.
23:45 PM, 28th June 2013, About 10 years ago
This actually happened to me recently. A new tenant moved to a flat I own in February this year. For my part I secured the deposit through My Deposits on the date of check in. As is my usual practice I printed off 2 copies of the certificate, copy of the Information for Tenants form and The Prescribed Information form. These were then posted off to my tenant together with a standard "welcome" letter to my new tenant. Whether or not the tenant actually received the paperwork is questionable but 5 weeks later I received a claim form from my local County Court citing my failure to provide the prescribed information and a claim for 3 times the deposit, a total of over £3000.
Immediately, I responded to the tenant enclosing copies of everything that had been sent to him the day after he moved in. I also advised him that I would be appointing solicitors to defend the action and that in the event of a successful defence that we would be seeking costs against him.
For some years I have used a litigation lawyer famed locally for his vociferous handling of his instructions. In this case my witness statement was submitted within 6 hours of me receiving the original court papers.
A few days later my tenant wrote to me notifying me that he had instructed the court not to proceed with the matter. After this things got very interesting indeed. Having passed the tenants letter to my solicitor he advised me that in order for the tenant to stop the claim he has to file a 'Certificate of Discontinuance' with the court. This is a prescribed court form without which the tenant could simply tell me he was discontinuing but in reality could still attend court on the day and seek an undefended judgement. As a result my wily old brief simply sat back until the court date, then attended on my behalf. In this case the court had actually cancelled the case based on the tenants letter, however heres the real sting in the tail;
Because the case was stopped by the tenants letter, it never went through any case management process hence it was never listed for The Small Claims system. This allowed me, via the solicitor to put in an application for costs. My tenant is currently facing around £1200 in costs and charges as a direct result of his own greed and stupidity. Any hope of a reasonable landlord / tenant relationship was lost early on. The tenant, having offered to pay the costs at £1 a week has unwittingly admitted liability for the costs. Having signed a 12 month tenancy at his request I am very much looking forward to the run up to Christmas when, instead of an altruistic message of peace and goodwill, this particular tenant is going to be receiving a Section 21 notice instead!
This brings me on to an interesting question. As my tenant has cost me £1200 in legal fees I feel compelled to deduct it from his deposit when he leaves. After all, I have the receipts to support my claim. Would anyone care to comment on my perceived chances of success? Also, despite the tenants actions he continues to pay his rent in full as it becomes due. Should I receive a tenancy reference request in the future, I will of course be entirely truthful. Of course, when asked if I would ever consider renting to this tenant again, the answer will be a big fat "NO"! Am I obliged to to make further comment if this answer raises further query. Any advice would be most welcome.
Mark Alexander - Founder of Property118
23:51 PM, 28th June 2013, About 10 years ago
I have checked with The Ministry of Justice and Tenants deposit Claimline Limited - Company Registration Number 0833119 is not listed with them.
I suggest this if any landlords or letting agents receive correspondence from this company they DO NOT RESPOND but immediately make a complaint to the Ministry of Justice.
I have also read through this companies Terms of Engagement and I find them to be incredibly amateurishly drafted.
"3.1 On the successful settlement of your claim, the Company will charge you a Service Charge of the Compensation awarded to you. This is subject to a minimum charge of 35% + VAT of the award or £600 plus VAT, whichever is the greater."
How can they guarantee 1.5 X the deposit as a minimum payout then? Let's assume the deposit was for £350, a very typical deposit for a room in an HMO. The maximum award would be £1,050, i.e 3 X the deposit. Deduct their minimum fee of £600 + VAT at 20% = £720 and that leaves £330 maximum payout. However, their guarantee states minimum payout of 1.5 X the deposit so that would be £475. The math just doesn't add up does it? Also, What if the Court ordered a fine of 1 X the deposit?
Is this the following fair contract term?
"6.4 If you terminate this Contract prior to an offer of Compensation, the Company may charge you a reasonable fee subject to a maximum of £375 plus VAT."
"9. Misleading Information
We reserve the right to charge you for any costs incurred by us if any information
provided by you is misleading or contains material omissions which result in us providing a service to you, which we would have declined to provide, had we been in possession of the full information."
In this particular instance I don't think landlords and letting agents have too much to worry about. HOWEVER, one Vulture hovering will attract others!