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
13:37 PM, 20th January 2015, About 8 years ago
You cannot serve a S21 if you haven't complied with the requirements to protect the deposit and issue the prescribed info to the tenant within 30 days.
The only way round it is to return the deposit in full or with agreed deductions. You must do this and serve the s21 again.
Alternatively if there are reasons for a S8 notice, e.g. 2 month's arrears, you may still serve aS8 whether or not the deposit has been returned or is protected.
18:47 PM, 20th January 2015, About 8 years ago
I've told that you don't need to redo the deposit protection if your tenant goes into a periodic tenancy - what is correct?
9:44 AM, 21st January 2015, About 8 years ago
Reply to the comment left by "Harlequin Garden" at "20/01/2015 - 18:47":
If your tenant's fixed term ends but he/she continues in the property as a statutory periodic tenant you need to ensure you re-issue the prescribed information and ensure the deposit is still protected - just like it's a new tenancy and as if you have just recieved the deposit.
Dr Rosalind Beck
9:25 AM, 22nd January 2015, About 8 years ago
I'm also not clear on this.
So, for example, a tenant has a three month tenancy, and you give them the prescribed information with the tenancy agreement, and you put the £400 say, with the DPS. Do you then have to send a further copy of just the prescribed info part (we have it at the back of the tenancy agreements) and get a proof of postage (what a waste of paper, ink and stamps), and just leave the £400 deposit where it is with the DPS and no further action required?
Also, if the fixed term lapses on say the 30th of December, by when must the prescribed info be re-issued? And what are the consequences of not doing this?
NB. Regarding the deposit - as long as it remains with the DPS I assume we're not open to the possibility of being sued for up to three months rent?
9:42 AM, 22nd January 2015, About 8 years ago
Reply to the comment left by "Rosalind " at "22/01/2015 - 09:25":
Yes Rosalind, you do. We have been told exacty that in case law Superstrike v Rodregues. If the tenancy becomes a stat periodic tenancy after an initial fixed term, this is deemed to be a new tenancy. As it's a new tenancy the deposit you still hold is deemed to have been recieved in respect of the new tenancy. Therefore you have 30 days from the day you recieved the deposit (i.e. the date of the new stat periodic tenancy) to protect the deposit and issue the prescribed info.
The time limits and penalties for non compliance are oulined in the housing act 20014 s213-s215. You have 30 days to protect it and issue prescribed info from date of reciept of the deposit. The penalties are that you cannot serve s21 if either you have not protected it or not served prescribed info within the 30 days. Unless you return the deposit in full or with agreed deductions. The tenant can also take court action to have the deposit returned along with a penalty payment of between 1 and 3 times the amount of the deposit. It's not 3 month's rent, it's up to 3 times the amount of the deposit. And yes, you haven't just got to protect it, you must re-issue the prescrived info too within 30 days of reciept.
The likelihood of your tenant suing you not not issuing the prescribed info is slim and the likelihood of the court imposing a penalty of the maximum of 3 times the deposit I would say is even more slim, but that's just my opinion.
8:11 AM, 24th January 2015, About 8 years ago
all this ridiculous nonsense is why we no longer take deposits, just too much hassle and risk, so we charge a fee instead, call it an admin charge, make sure zero deposit is written on contract, bank the money and whatever hapens we keep it.
8:22 AM, 24th January 2015, About 8 years ago
The comment by Alan re iterates what appears to be a growing trend amongst Landlords. On the face of it from the LL perspective it does to seem to make sense for them. An option whereby there is less room for error or oversight regarding statutory regulations is one more seem to taking up.
8:29 AM, 24th January 2015, About 8 years ago
the deposit system is broken, and tenants are so savvy now that any error, however small, and however unintentional is used to rip off the landlord big style, the system that allows this can only be described as broken, and the judiciary should be ashamed to be part of such a scam.
Dr Rosalind Beck
8:36 AM, 24th January 2015, About 8 years ago
Reply to the comment left by "Alan Loughlin" at "24/01/2015 - 08:11":
Alan. So if the rent was £400 for example, what admin fee would you charge? I wonder if this puts quite a few tenants off as they're not stupid and will see the difference between a deposit they will get back and an admin fee that they won't. I think you may therefore lose out financially by deterring quite a few tenants and having longer void periods.
I do think we have to take either a deposit or an admin fee though as you do, because I find we have to use the deposit quite often, usually when tenants don't pay their last month's rent. And they have usually disappeared into the ether when that happens and we have to go through the ridiculous rigmarole of finding a lawyer to sign and 'vouch for us' or whatever else the purpose of this stupid procedure is. What's a lawyer? God? That they can decide we should have the money - rather than the DPS judge in our favour when we ask for it and they get no reply from the tenant.
On another point, I would have thought it was logical that if the deposit is deemed to still be protected when the tenancy becomes periodic, then the PI should also be deemed to have been served. The tenancy agreement is also deemed to still be valid... Why is the PI seen as different? I would hope someone will challenge this again (sorry but I didn't read about Superstrike - just kept hearing references to it and didn't want to face reading up about some other annoying anti-landlord ruling).
8:38 AM, 24th January 2015, About 8 years ago
most of our properties are one bed apartments which we rent for 500 to 530 pcm and we charge 295 fee, on the houses we rent, at atound 975, we charge 500 fee.