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 email@example.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?
- 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 firstname.lastname@example.org, 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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||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:
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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
17:46 PM, 5th November 2018, About 4 years ago
Hi Doug, you cannot expect the gas safe engineer to post date a gas safe check. He must state the date that the check was completed. There is no "next due" date box on any of the certificates that I have and I don't see that establishing the next due date as an engineers responsibility. This is a landlord responsibility. When I have a check carried out early and within the permitted two months, I record the date of the next check (12 months from the previous due date) and note this on the certificate that I initial. It's important that the previous certificate is kept for reference purposes.
17:59 PM, 5th November 2018, About 4 years ago
I also had to inform my gas engineer about this 2 month flexibility as they were not aware of it. On the certificates I get there is a box for when the next certificate is due (i.e. the renewal date) and that should presumably be 12 months from the date the last certificate expired (even if this is not the same as 12 months from the date of the actual inspection)?
9:53 AM, 6th November 2018, About 4 years ago
This needs to be publicised. The gas check is akin to an MOT which also operates prospectively.
As for tenants refusing access for the check to be done, it appears there is no offence with an unlimited fine and up to 5 years in prison. Surely, not allowing a gas safety check and potentially putting your family and visitors in mortal danger is more serious than a landlord renting a property to someone without the right to rent?
You might very well think that. I couldn't possibly comment.
10:05 AM, 6th November 2018, About 4 years ago
Rob, I did indeed ambiguously write "post date the new certificate" but meant - enter a due date for the next check 12 months from the existing expiry date. There's no question of entering a "check done date" other than actual, but with MoTs there's an established process and both "done date" and new expiry date are on the form. Pen-amending a CP-12 form seems a bit unofficial although if questioned I suppose one will be able to plead compliance with the new HSE rule.
I was stunned to get a reply from HSE a couple of days after emailing them, but it was a cut-and-paste canned reply which admonished me that all the answers can be found in blah blah blah, and addressed none of the questions I asked them.
I have three different CP-12 formats in my collection and none have the facility to enter an expiry date independent of the "done" date.
Robert, which organisation produces the forms you receive?
Here's the HSE page:-
Many Thanks - Gunga Din
10:07 AM, 6th November 2018, About 4 years ago
My certs have a space for next due date too. I have two due in December so I'm going to ask my gasman to do them soon. Be interesting to see if he is aware of the new regs
10:19 AM, 6th November 2018, About 4 years ago
Our gas safety checks were all done in August as the checks had become scattered across August - October. My gas engineer was not aware of the legislation so I had to search for it on his association website and show it to him. Then he inserted the actual date they were conducted but put the renewal date as if the test had been carried out at the end date of the present certificate (of course I had to show him the copies of the previous gas safety certificate to confirm the date). He inserted this in a comments section on the certificate. So next year I can either have them all done on one day (which is what I will probably do), but have some leeway if for some reason I want to spread them over a number of days.
10:47 AM, 6th November 2018, About 4 years ago
Reply to the comment left by Gunga Din at 06/11/2018 - 10:05
My gas safe engineer uses the old "Regin" certificates that are triplicated and filled in by hand. I have seen computer generated certificates (such as used by British Gas) that have an expiry date box. This link goes to the relevant section in the gas safe register via Association of Local Landlords (Wessex) website to show your engineer: http://www.allwessex.co.uk/gas-safe-checks-boilers-flues-amendments/
12:20 PM, 6th November 2018, About 4 years ago
My gas engineer did not know about the new legislation and agreed after checking up. He inserted the date of test as that of the existing one which gave me more than 12 months to next test.
It did cause confusion as, I had a tenant move in and I provided him with the new certificate. The tenant pointed out that he moved in before the gas safety test was done, after which, I informed him of the way it worked with the new legislation, and dug out the old safety test and provided him with the copy. I am not sure if he believed me, but accepted that the place was safe based on the old certificate.
I think in future, I will have to ask my engineer to insert the date of test, and write date of next test which would be date of existing test plus one year.
12:25 PM, 6th November 2018, About 4 years ago
Extract from https://www.gassaferegister.co.uk/help-and-advice/renting-a-property/information-for-landlords/
"Gas safety checks: gas appliances and flues must be safety checked annually by a qualified Gas Safe registered engineer. New regulations introduced in April 2018 allow a landlord to arrange for a gas safety check to be carried out any time from 10-12 calendar months after the previous check whilst still preserving the original check expiry date. Where a gas safety check is carried out less than 10 months or more than 12 months after the previous gas safety check this will have the effect of ‘resetting the clock’ and the new deadline date will now be 12 months from the date of this latest gas safety check. Landlords are not responsible for safety checks on gas appliances owned by the tenant or any flues that solely connects to tenants own gas appliances.
Record: a record of the annual gas safety check should be provided to your existing tenants within 28 days of completion, or to new tenants upon the start of their tenancy. If the rental period is less than 28 days at a time you may display a copy of the record in a prominent position within the dwelling. You’ll need to keep copies of the record for at least 2 years. If you have benefited from the new regulations allowing flexibility in timing of gas safety checks, records must be kept until two further gas safety checks have been carried out."
Like others, I found that the gas engineers were not aware of the change but this guidance seems to confirm that the certificate must still show the date of the actual inspection and it is for the landlord to keep sufficient records to show that he has complied with the regulations. I do not understand the final sentence however. The time window for inspections is based upon the expiry date of the last certificate before the flexibility was introduced so I would have thought it necessary to retain that certificate for as long as you want that date to be preserved.
Keeping records for two years is a separate requirement and will not provide the evidence that might be needed to prove compliance with the timescale.
The regulations make the position clearer
"“Determination of date when next safety check due under regulation 36(3)
36A.—(1) Where a safety check of an appliance or a flue made in accordance with regulation 36(3)(a) or (b) is or was completed within the period of 2 months ending withthe deadline date, that check is to be treated for the purposes of regulation 36(3)(a) and (b)as having been made on the deadline date."
13:50 PM, 6th November 2018, About 4 years ago
I use a company 24/7 home rescue to do my gas safety certs and they're not aware of the change. I explained and showed them references but insisted they can only issue a cert that expires 12 months from inspection