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.
Simon M
20:28 PM, 8th January 2022, About 2 years ago
I used the phrase nature of letting first, but reality of letting might be closer to the meaning I intended. Reading Tom's request my first thought was that it sounded like my experience of DPS. We don't know if it is, but it's worth noting Chris Novice Shark Bait and others have only commented on DPS.
One of several examples: I submitted a claim with inventory in & out, quote for identical replacement, reduced the amount for fair wear & tear. DPS still only awarded what their book said - as if all landlords buy the cheapest carpets, appliances & fittings. That may work if you rent at the lower end of the market but not for me.
The deposit is the tenant's money but many tenants do little or nothing to comply with processes, while landlords have to jump through hoops. This is all work for the landlord - unpaid because you can't claim your time (even when it's in the TA, according to DPS). The process is bureaucratic and one-sided but if it's to work for landlords and tenants in the long-term it needs to be seen to be fair.
Tom C
17:28 PM, 9th January 2022, About 2 years ago
Reply to the comment left by Simon M at 06/01/2022 - 11:28
Thanks for everyone’s useful comments.
The remaining deposit (£500) is with DPS.
Rent was £1100 pcm, with a goodwill temporary deduction of £50 pm.
Way back in April things started to go wrong and in May I gave my tenant a Section 21 notice (6 months) to leave at the end of the tenancy in November. By September he was £5250 in arrears and I made a money claim for £5000.
At the end of his tenancy he owed £6,300, and I had a CCJ for £5000, and with his deposit of £1,265 I had the debt more or less covered.
But he wouldn’t move out.
I wrote to him explaining that if he wouldn’t go I’d seek a mandatory possession order, and if necessary a bailiff eviction which is a “brutal” process for both parties. He left with a further ~£750 arrears.
The order with his CCJ is to pay me £200 per month until the debt is cleared, and of the £800 he should have paid already I have had £300.
To reclaim the remaining £500 with DPS, I can see two possible routes.
1. An enforcement for the £500 CCJ arrears.
2. A new CCJ for the ~£2,050 arrears.
My problem is that I don’t have an address for my former tenant. Can I use my flat’s address as his last know address for the enforcement and/or second CCJ?
Or should I wait until I have a current address for him, which I am moderately confident I will eventually get as he is a limited company director?
Thanks for your thoughts and advice.
Seething Landlord
19:05 PM, 9th January 2022, About 2 years ago
Reply to the comment left by Tom Crispin at 09/01/2022 - 17:28
The following clause from the DPS t&cs gives the two options for obtaining the release of the deposit after a Court Order has been obtained, as in your case, at 24b:
24. Court Orders
a. If you obtain a court order against your Landlord or Tenant, we will only release the
Deposit if:
i. it refers to the Deposit and/or The DPS as the Scheme administrator; and
ii. it specifies how much of the Deposit should be paid to the successful Party.
b. If the court order does not comply with section a above, we will not be able to release
the Deposit. In this case, the order must be amended, or a third party debt order must
be obtained before we can release the Deposit.
Tom C
22:31 PM, 9th January 2022, About 2 years ago
Reply to the comment left by Seething Landlord at 09/01/2022 - 19:05
This feels like a very long-shot of a thought.
Could I take DPS to the small claims court to recover the remaining £500 of my former tenant's deposit, given that I have no address for for my former tenant?
Seething Landlord
23:39 PM, 9th January 2022, About 2 years ago
Reply to the comment left by Tom Crispin at 09/01/2022 - 22:31
Why do you not want to take one of the two steps specified in the DPS t&cs?
Tom C
8:20 AM, 10th January 2022, About 2 years ago
Reply to the comment left by Seething Landlord at 09/01/2022 - 23:39
"Why do you not want to take one of the two steps specified in the DPS t&cs?"
I don't know how, and I don't want to throw money at solicitors to find out how for what is a relatively small sum.
Kate Mellor
8:56 AM, 10th January 2022, About 2 years ago
Reply to the comment left by Tom Crispin at 10/01/2022 - 08:20
You don’t need a solicitor the guides are all online. It’s pretty simple, I’ve had to do something similar myself. I’ll find you the links later this morning and post it on here. I think a 3rd party debt repayment order is probably simplest. You also should consider pursuing the tenant for failure to comply with his repayment agreement. You can pay a small sum to obtain his address. There are many companies that offer a tenant find service. I think Tenant Verify offers this, but others may have recommendations of one’s they’ve actually used.
Kate Mellor
9:32 AM, 10th January 2022, About 2 years ago
CORRECTION:
Apologies, I meant a DEBTOR TRACING SERVICE rather than tenant finder service!
Kate Mellor
10:25 AM, 10th January 2022, About 2 years ago
Reply to the comment left by Kate Mellor at 10/01/2022 - 08:56
Debtor tracing (or skip tracing) costs approx £20-£50 and is usually on a 'no find, no fee' basis.
Options for enforcing a judgement, including links to the relevant forms and guidance notes:
https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment
Guidance for 3rd party debt orders:
https://www.gov.uk/government/publications/third-party-debt-orders-and-charging-orders-ex325
Application form for 3rd party debt order:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958283/n349-eng.pdf
As you can see, you can apply for more than one 3rd party debt order. For example you could also apply for one for his bank account.
You could try an attachment to earnings if he's employed by his company, but as a director he has the ability to manipulate his earnings.
If you wish to claim the total amount owed by this debtor, which you've stated is more than the amount you currently have a CCJ for, you will need to make a NEW CLAIM. You can choose to apply for a 3rd party debt order using the existing CCJ for ease, but you can still choose to apply for the additional amount owed at any point within the 6 year period allowed.
Have you tried contacting your ex-tenant recently through the DPS website? He was clearly being obstructive purely to ensure that if he can't have the money neither can you. He may change his tune if he's since realised that he won't be free from this debt until it's repaid. Perhaps you could agree not to issue a further CCJ for the remaining debt if he agrees to release the deposit to you. It would be a concession on your part, but it would save you some work and you'd receive much needed funds in a lump sum now. (A bird in the hand is worth more than two in the bush).
One piece of advice I would offer, (learned the hard way by me), is to ALWAYS use a private process server to serve the documents on your debtor. Serial debtors are VERY good at avoiding court bailiffs. I waited for about a year before giving up on the court bailiffs and engaging a private one based in the area the debtor now lives. He had the papers served within a month (and I don't think they made it easy). Private bailiffs will do what it takes, but court ones just do the minimum. The one I used eventually pretended to be reading the meter or something similar after he'd struck out a few times.
This was my one and only time of pursuing a debtor. I normally take pity on those who are just a bit hard up, but these guys were the absolute pits. I'm now getting £75pcm back (which will take them years for the thousands they owed in rent arrears) and I haven't even gone to court for the £15K of property damage they caused. I only applied for the rent arrears at first as the tenants were still in the property at the time, so we had no idea of the damage yet. I wanted to get started while we knew where they were! They were both employed and living the high life with private schools and golf club memberships etc. It was important to me that they had some inconvenience for what they'd done and not just walked away to do it to someone else. It might be a pyric victory, but it meant something to me. The photos of the brand new property before and after their tenancy would make good fodder for an episodes of 'Tenant's from Hell'.
Tom C
10:59 AM, 10th January 2022, About 2 years ago
Reply to the comment left by Kate Mellor at 10/01/2022 - 10:25
Thank you - this is all really great advice.
The 3rd part debt order looks the way to go, and I will start the process tomorrow.
Just a little history.
This guy moved from Glasgow to London in November 2020 to set up a new branch of his business. The business failed possibly due to the pandemic, and he stopped paying rent. He informed me at the earliest opportunity, and I offered him a debt free way out plus £500 cash if he left my flat by the end of June 2021 and at the same time issued a Section 21 notice (back in April this required 6 months' notice). He stayed.
I then got a £5,000 CCJ soon after his arrears reached £5,000.
With the £5,000 order and deposit more or less covering debts to the end of his tenancy, I again offered £500 cash if he left at the end of his tenancy.
He stayed.
Within 7 days I lodged the possession order papers with the court.
He left voluntarily just over 17 days after the end of his tenancy - just as well as the Court decided the possession order required a hearing with date set for 7 February 2022.
He is staying with a friend, so difficult to trace his address. He blames me for tricking him into leaving before a possession order, which is how he is justifying his claim of £500 of his deposit to be returned.
I am certainly willing to forgo a considerable chunk of his debt to me for a simple resolution and to draw a line under this episode. But I am also willing to put up quite long lasting and determined battle to get what is owed if he resists compromise.
We have all suffered to a greater or lessor extent throughout this pandemic. While there were four of us living in a three bed house, he was a single man in a two bed flat. To counter our loss or rental income our two boys (6 & 7) moved into the same bedroom and we took a lodger into our spare room. My tenant could have done the same with his spare room and paid me a partial rent throughout. He didn't.