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
Mark Alexander - Founder of Property118
9:43 AM, 20th December 2013, About 10 years ago
How much did it cost you to repair the damage and can you prove that?
I ask this question as you should always consider the prospect of your tenant raising a complaint with your deposit protection provider.
If the damage and the costs of putting it right can be proven absolutely then, and only then, should you proceed to retain the deposit. If there is a surplus then you may wish to consider paying the utility company demand on behalf of your tenants too.
From what you have said though I suspect that the damage deposit will be insufficient to cover everything. On that basis I would put up a fight with the utility company if I were you. Presumably you had the bills transferred back into your name when the tenants had left and you supplied the utility company with meter readings, in writing at that time. If you did, then on the face of it, I can see no reason why the utility company can hold you accountable for paying somebody else's bills as their contract is highly unlikely to allow for this.
If you are left out of pocket in respect of the damages then I suggest you have a read of this article >>> http://www.property118.com/good-debt-recovery-agent/44679/
13:14 PM, 20th December 2013, About 10 years ago
yes the deposit had to be used to buy 3 new doors, a new oven and refresh the lighting and re-paper and paint the whole place as they were not the most house proud of tenants. We also invested some of our own cash in new Bathroom fittings, shower unit and flooring and of course the decorating.
We also made sure that the utility company were aware that the property was empty for a couple of months until we found new tenant and decorated etc.
I guess my main point is that as the Landlord am i accountable for the debt of my tenants should they disappear without fully settling their bills. Is that somehow a pitfall of letting , you can't force them to give you a forwarding address.
13:15 PM, 20th December 2013, About 10 years ago
The utility companies will try it on. If the bills are not in your name you cannot be held responsible for them. Watch out they do not try and install pre pay meters which they then load the tariff to claw the money back. If you get chased and the debt collectors start sending letters I have a beauty of a standard letter threatening hell and damnation under various acts if they persist. Do not pay.
13:17 PM, 20th December 2013, About 10 years ago
Forgot to add that I can email you a copy of the "go away" letter if needed.
Mark Alexander - Founder of Property118
13:29 PM, 20th December 2013, About 10 years ago
Why not post a copy of the letter here Gary?
13:29 PM, 20th December 2013, About 10 years ago
Gary, thanks for this
yes if you could send me a copy of the "go away" letter that would be great. They have sent two or three letters via a solicitor now and are wording it in such a way as to say that my wife was a former tenant of the property which she was not. They are also calling.
14:13 PM, 20th December 2013, About 10 years ago
Bob - assuming the utility bills were correctly registered in the names of your tenants then you are not liable to pay them. Do your tenancy agreements state that the tenant is liable to pay the utilities? A number of times I have been asked to send on the tenancy agreement which confirms this and have often found this settles the matter. However once the water company stated that this was not sufficient, and that the water could only be in the name of the tenant if the council tax was also in the name of the tenant (?) Luckily I had confirmation that the council tax was in the name of the tenant and this satisfied the water company, but as this was a year or more since the tenant had left it wasn't the easiest matter to resolve.
14:44 PM, 20th December 2013, About 10 years ago
yes the bills are in the name of the tenant and there are also stipulations in the agreement regarding council tax,water and utilities.
thanks for this.
19:01 PM, 20th December 2013, About 10 years ago
Mark/ Bob. - as requested a cut and paste of my letter. Please use it in the spirit it is given. Send it either recorded delivery or obtain a certificate of posting. I have never had any further problems once they get this.
We refer to your contact regarding the above account. We are informing you that we do not recognise the debt and therefore it is DISPUTED.
(property) was occupied by xxxxxxxx from (date)to (date) We have no connection with Mr xxxxxxx and no knowledge as to his whereabouts/ we have a forwarding address of xxxxxxx ( delete / add whatever applies)
We would point out that under the Office of Fair Trading Debt Collection Guidance (updated October 2011) it states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
We would also remind you that the OFT states under their Guidance that it is ‘unfair’ to pursue third parties for payment when they are not liable and that it is deceptive and unfair in not ceasing collection activity whilst investigating a reasonably queried or disputed debt.
Furthermore, if you ignore and/or disregard claims that debts have been settled or are ‘disputed’ and continue to make unjustified demands for payment then this can amount to physical or psychological harassment, as detailed in the OFT Guidance.
We are also familiar with Section 40 of the Administration of Justice Act.
As we dispute this debt you refer to then we trust you will make no further contact with us or our tenants unless you can satisfy us that this debt exists and that we or they are liable.
Any further contact in pursuance of this debt will constitute an offence under Section 40 of the Administration of Justice Act 1970. The matter will be referred to both our Trading Standards office in the Borough of xxxxxx, and also your local trading standards in your area. A letter of referral will also be sent to the Office of Fair Trading for their information and consideration of the removal of any licences you may hold for the collection of debt. We shall also notify the local police so that they can consider offences under the Protection from Harassment Act 1997. The Office of The Information Commissioner will also be notified in relation to offences against the Data Protection Act for continuing to hold data that you now know is incorrect. We will also lodge a complaint with the Financial Ombudsman Service and your trade association, if appropriate, the Credit Services Association
If we receive any communication from another debt collection agency then it will be evident that you have sold this debt on with the knowledge that it is disputed. Should this occur then we will report you to the government bodies and trade association detailed above.
A record of this notification has been placed on file. Should any further contact by yourselves take place in relation to this debt by telephone, visit, letter, (other than an acknowledgement of this letter) or any other means then these will be recorded and will form part of the evidence against you for the respective bodies to consider.
Any legal action by you will be vigorously defended and will result in costs against you in the County Court for any actions against us or future tenants.
We would therefore demand that you do not send any further bills in the name of xxxxxxx to this address or ours. This is to prevent the unlawful harassment of ourselves or future tenants. Any further communications that we have to send in this matter to you will be charged in the sum of £25 per letter in addition to the referrals to the respective bodies.
We now await written confirmation that this matter is now closed, you are not to contact us by telephone, instead by letter only.
We look forward to your reply by return.
19:13 PM, 20th December 2013, About 10 years ago
If the utility bills were changed to the tenants' name(s), usually by the tenants' request via a phone call to them, when they moved in, then the contract each utility company has for providing their service is with the tenant directly, and not with you.
Gary is right, watch out for them trying to install pre-pay meters, apparently once they are in it's almost impossible to get them removed.
It might be worth you settling the electric bill just to avoid that problem, of course they can't do it with the gas or water, thank goodness !!
My friend owned a house where the tenants let the supplier in to fit the pre-payment meter, unknown to the landlord - it was a nightmare to get it removed, they wanted to retain a VERY Large deposit from him, this went on for a couple of years, until he could prove a good track record of regular payments.
It was a property with no gas, and the tenants left the electric (wet-radiator-system) heating on 24 hrs a day !
A semi, 3 outside walls and it was a solid wall house, no cavity.