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:
|Name of Cookie
||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:
|Name of Cookie
||First / Third Party
|__utma, __utmb, __utmc, __utmt, __utmz
||Helps to understand how their visitors engage with our website
||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
13:05 PM, 30th May 2017, About 6 years ago
Sherrelle just to make clear .What you have written with reference to the serving of a section 21 I believe is not correct for us landlords in Wales. As far as I am aware the original guide for serving a section 21 in wales is still in force .
If I am found to be wrong on this very important matter then please do not hesitate to tell me .
CARIDON LANDLORD SOLUTIONS
14:49 PM, 30th May 2017, About 6 years ago
Reply to the comment left by "Jan Martin" at "30/05/2017 - 13:05":
Thank you for your comments.
I will look into the matter in regards to the Wales regulation as this is an important factor raised and I do not wish to mislead Landlords.
CARIDON LANDLORD SOLUTIONS
15:36 PM, 30th May 2017, About 6 years ago
Just to clarify the eviction process is the same for England and Wales however all landlords in Wales are required to be part of the rent smart scheme.
16:04 PM, 30th May 2017, About 6 years ago
Reply to the comment left by "Sherrelle Collman" at "30/05/2017 - 15:36":
Yes I am a member of Rent Smart Wales . I think you will find that the rules for serving section 21 only changed for England and it hasnt changed for wales at this moment in time.
CARIDON LANDLORD SOLUTIONS
16:12 PM, 30th May 2017, About 6 years ago
Readers may find this link useful:
16:55 PM, 30th May 2017, About 6 years ago
Reply to the comment left by "Sherrelle Collman" at "30/05/2017 - 16:12":
I am not saying that you cant use a section 21 to remove tenants I have done this many times myself .What I am saying is that the old rules for serving a section 21 are the same in wales as they have always been .
You have written that lifespan of section 21 is 6months and cant be served before 4 months
of the tenancy has elapsed . These are new rules in England but not in wales .
9:08 AM, 31st May 2017, About 6 years ago
Jan is correct about the situation in Wales. Provided you have a licence to manage the property under Rent Smart Wales, the eviction process has not changed otherwise.
As for England, all ASTs created on or after 1 October 2015 (including renewals) are affected by the Deregulation Act. For the time being ASTs that pre-date the Act are unaffected, but beware - this will change on 1 October 2018 when all English ASTs will come under the Act.
The changes brought in by the Deregulation Act are:
-Section 21 cannot be served unless the landlord has served the government "How to Rent Guide", an up to date EPC (unless landlord pays bills) and gas safety certificate (if property has gas supply). Note: these documents should be served at the beginning of the tenancy; I came across a case the other day where at least one of the prescribed documents was served later (although before s.21) and the judge threw it out
-As Sherrelle correctly states, section 21 can't be served before the 4th month of the tenancy (assuming the fixed term is no longer than six months or there's a break clause)
-As she also states, a Deregulation Act section 21 only has a 6 month "shelf life" to enforce through the court from its date
-Section 21 also can't be served if there's an unaddressed written maintenance request or for 6 months if the local authority has imposed an improvement notice
-Deregulation Act section 21 notice must be given on a prescribed form, form 6a (this can also be used for non Deregulation Act ASTs but these must comply with the Deregulation Act, so advisable to use old form section 21)
Where section 8 notice is concerned, in England this has recently been updated by two separate pieces of legislation to introduce two additional grounds:
-ground 7a, conviction for serious offence - note, this has to be an actual conviction, not simply an arrest
-ground 7b, where Home Office have served notice as one of the occupiers has lost right to rent, although at least one other retains right to rent
In practice, it is very difficult to bring an eviction against ground 7a, and we normally advise landlords to only use section 8 for rent arrears grounds, and only then if these are significant (well above 2 months) and/or section 21 can't be served for several months.
Provided the legislation has been complied with and the paperwork is in order, it is much easier to secure an eviction via section 21 because the tenant can't defend.
However, as I commented against the BBC1 Programme post the other day, this excessive use of section 21 is fuelling the public's belief that landlords simply evict on a whim, but with the courts as they are, what are landlords supposed to do?
10:58 AM, 31st May 2017, About 6 years ago
Hi there This is a very useful thread, thanks for all contributions. I've evicted a tenant - using the NLA repossession service which I wouldn't recommend - but now I want to go after him for the unpaid rent & costs as he can afford to pay. Has anyone used a debt collection agency that they would recommend?
12:04 PM, 31st May 2017, About 6 years ago
Reply to the comment left by "Mandy Thomson" at "31/05/2017 - 09:08":
I would also add - under the Deregulation Act the s.21 notice period is now supposed to be a straight two months, with no need to adhere to the monthly tenancy renewal date. However, many ASTs (including the one currently offered by the NLA though the new version will change this) still have a clause stipulating the landlord's notice must adhere to the tenancy renewal date (i.e. at least 2 months ending the day before the tenancy renewal date) and many judges will insist on this, even where the AST doesn't provide for it - therefore, it's always best to stick to this.
Also, watch out for clauses in the AST stating notice must be sent recorded delivery if posted. It's always best to deliver the notice by hand with a witness, but if it must be posted we recommend 1st class with postage certificate (to ensure service, send two copies from different post offices) as the tenant can't refuse delivery. If there's more than one tenant, a separate copy notice must be served to each individually (with notice stating all tenants' names).
A tenant recently had a possession order overturned by arguing the notice wasn't served as it was delivered to a communal letterbox for the block of flats, and wasn't sent recorded delivery as mandated by the AST (the landlord had served one copy 1st class with certificate, the other recorded delivery which wasn't signed for so not served).
Full information on legally recognised methods of service is on page 2 of form N215.
12:20 PM, 31st May 2017, About 6 years ago
Reply to the comment left by "Sarah Quinlan" at "31/05/2017 - 10:58":
I'm unable to recommend a debt collection agency, but if you don't have the tenant's current address, you could use a tracing service such as Finder Monkey. A useful tip is to wait several months after the former tenant has moved out as they tend to lie low for while, but after a time they will feel confident enough to establish new digital footprints (e.g. apply for credit, mobile phones or another tenancy etc).
As you're no doubt aware, you can then simply make a small claim (assuming the debt is under £10,000). After winning your claim, the defendant has a month to pay, after which you can register the county court judgement against them (it remains for six years, even if settled). There are several ways to recover the debt; see https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment