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
8:48 AM, 4th February 2014, About 9 years ago
At face value this does seem to be rather unfair to the tenants and possibly even sharp practice on the part of the agent. It doesn't really inspire confidence does it?
Having said that, we only have part of the story. Could it be that the agent used the fees for referencing? What was the basis of the agreement between tenant and agent?
Even though the tenant hasn't complained so far as we know, if I were you I would certainly be asking a few more questions, politely of course as it could well be the agent has acted totally professionally. If that turned out not to be the case then i would be off to another agent in a blink of the eye.
Please let us know what you decide to do and how you get on.
9:19 AM, 4th February 2014, About 9 years ago
John I'd worry more and dig a lot deeper on just exactly how this "holding deposit" was described in writing by your agent as many holding deposits are still likely to be deemed a deposit if challenged. It is a minefield area and one that needs treating with caution.
In terms of what can be retained it depends if the tenant challenges it. If they do then only the reasonable costs incurred because of the application if it ever got that far, such as referencing. But very little else and certainly nothing to you.
If not challenged then all well and good
Mark Alexander - Founder of Property118
10:30 AM, 4th February 2014, About 9 years ago
Reply to the comment left by "The Gatekeeper" at "04/02/2014 - 09:19":
Until a tenancy is created any deposit paid does not fall within the Tenancy Deposit Protection laws.
Some people prefer to call it something else but I have looked into this in great detail and what you call it makes no difference whatsoever. The trigger for Tenancy Deposit Protection law is the creation of a tenancy.
10:47 AM, 4th February 2014, About 9 years ago
First of all, you should remind your agent that any deposit he receives is received on your behalf, so he is not in a position to decide what to do with any of it.
If your agent kept everything without telling you that sounds like a secret profit, and you should demand immediate payment (minus any fee he earned).
Regarding what can be withheld when a holding deposit is paid, my understanding is that at law it is not simple: it depends on what was agreed in exchange of the prospective tenant paying it.
10:58 AM, 4th February 2014, About 9 years ago
Mark - 'The creation of a Tenancy'. When is that?
A signed AST in advance of a move in date is just a Contract to create a Tenancy, unless it is signed immediately prior to Occupation.
So, are you saying that a Deposit taken in January for a Student house to be moved into in July, does not need to be protected until July? Since the Tenancy would not commence until the tenant assumed responsibility for the Property itself by virtue of accepting keys.
11:14 AM, 4th February 2014, About 9 years ago
You are wrong in saying " A signed AST in advance of a move in date is just a Contract to create a Tenancy ..." it is potentially legally far more than that. And yes of course a deposit taken in January would need to be protected and have PI served within 30 days of touching the money no matter when the actual tenancy was going to start, or be signed or anything.
You are much closer to the correct position here
You are incorrect especially in thinking that a deposit paid does not become a deposit until the tenancy is created. The intention to create a tenancy is enough and that is defined in the 1988 Housing Act. This is why it all needs to be handled so carefully, and why any contrivance to try and get round the TDP requirements whilst holding a chunk of money that on any common sense assessment a reasonable person would say was a deposit, is extremely dangerous.
The whole key lies in intention and whether there is an intention to create a tenancy at some future date, and whether this payment can be regarded as part of that intention. It could also be regarded as part performance of a contract.
You (and possibly Phil but certainly anyone else still using them) need to realise the idea of a Pre Tenancy Contract being just that and any money paid when signing it is not a deposit was of course killed stone dead by the 2004 Act and in fact is now one of the most dangerous bits of paper you can sign - because any payment made alongside or as part of it is a deposit and needs proecting within 30 days of payment.
You must all do as you please and as you think best and on the basis of your reasearch and advice taken. All I would say is proceed with GREAT caution when taking any payment at all, at any time, that is not obviously a fee in respect of something very clear, like referencing. Or in other words could be argued to be a deposit, whether intended to be so or not.
This holding deposit may be just that but the very word "deposit" being used in conjunction with it rather smacks of it being a deposit - don't you think? As someone else once said if it looks like a duck and quacks like a duck it probably is a duck. Exactly the same applies to deposits and acting objectively as a reasonable person in judging whether something is a deposit is a very good starting point.
Mark Alexander - Founder of Property118
11:21 AM, 4th February 2014, About 9 years ago
Reply to the comment left by "Phil Ashford" at "04/02/2014 - 10:58":
That is indeed the conclusion which was arrived at.
11:29 AM, 4th February 2014, About 9 years ago
When a holding deposit is paid, there has usually been no agreement at all to create a tenancy. Usually it is paid to cover referencing fees and in exchange of the landlord agreeing to deal exclusively with the prospective tenant.
In such case, in my view it cannot be construed as a tenancy deposit as it is certainly not a "security for the performance of any obligation of the tenant".
Now, once a tenancy has been agreed with a tenancy deposit, and e.g. an agreement has been made to use any amount of the holding deposit towards that tenancy deposit, it would be very wise to protect in a scheme within 30 days of that agreement (not from start of tenancy).
Perhaps lawyers have a clear cut view on this, but I suspect the wording of HA 2004 is not crystal clear... Better be safe than sorry.
Mark Alexander - Founder of Property118
11:35 AM, 4th February 2014, About 9 years ago
I have just re-read Phil's comment.
I would never advocate signing an AST until move in day. Things can go wrong (e.g. not having obtained vacant possession).
I have invited Mary Latham to comment on this thread. This is because Mary has 40 years experience in the student lettings market whereas I have none and have never actually requested a holding deposit. Mary has also been a landlords accreditation trainer for several years and also contributed to a previous thread regarding this subject some time ago. Sadly I cannot locate that thread, otherwise I would link to it.
11:41 AM, 4th February 2014, About 9 years ago
I just searched Google for "Property118 Holding Deposit"
Could the threads linked below be the ones you are looking for?
Come on bro, wake up, you taught me this stuff! LOL
When to sign the AST and taking holding deposits - http://www.property118.com/when-to-sign-the-ast-and-taking-holding-deposits/43279/
Student Landlords/Agents – When do you register a “new” deposit? - http://www.property118.com/when-do-you-register-a-new-deposit/37755/