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
12:08 PM, 22nd July 2013, About 10 years ago
It's a bit early to start panicking at this stage but forewarned is forearmed.
I'm afraid I have more questions than answers for you at this stage.
Who is YOUR tenant? is it the Limited Company?
Who were the tenants on the AST which you signed? I really hope you didn't just sign a blank one as that could really be asking for trouble!
Has any money actually been paid to you at all yet?
May I ask why you chose to rent your property this way?
By the way - you will notice that I have removed the company name from this post. At this stage we don't know that they have done anything wrong, save for giving you the wrong type of agreement. we do have a policy on "name and shame" though - please see >>> http://www.property118.com/what-property118-is-not/
We have had a similar thread which focussed on the legal implications of deposit protection where an AST was used for a limited company let. You may, therefore, find this link contains some useful information >>> http://www.property118.com/rent2rent-scheme-gone-wrong/38375/
15:43 PM, 25th July 2013, About 10 years ago
There has been a lot of discussion about Rent to Rent on internet recently. The idea is that "tired" landlords can hold their properties but not have to do the work. Silly me I thought that why we have Letting Agents? Apparently some Guru are teaching newbees and wannabees how to get into property with no money by renting a property from a "tired" landlord and making a profit on sub-letting it. This raises some issues for me
1. Why would I rent my property to someone who has no money or assets on a "guaranteed rent" basis? If they have no assets their guarantee is worthless.
2. Why would I want my property altered (the Guru teach how to subdivide rooms to increase occupancy) in order to give someone else a bigger profit. Will the property be reinstated at the end of the contract? If its not how will I recover my costs if the head renter has no assets?
3. I cannot devolve my legal responsibility as a landlord simply by giving the head renter the ability to sub-let and therefore if he does something wrong I carry the can - I have assets and I am worth suing, he is not
4. What contract should be used between me and the head renter?
I have several more but they are all on a similar theme
Some people have said that they don't do it like that, they contract with the owner and guarantee the rent and simply let the property as a higher rent without altering it to increase the letable rooms. Points 1, 3 and 4 still apply.
Some local authorities are contracting with landlords under private sector leasing schemes and this is in effect Rent 2 Rent. If the local authority is doing it points points 1,2 and 3 do not apply and I assume that their aversion to risk will ensure that the contracts are sound. I think that these schemes are very useful for "tired" landlords.
When I do get "tired" I will use the services of a good letting agent because I cannot see anything that would induce me to get involved in a Rent to Rent relationship - unless I am missing something?
I am fascinated to know why a new landlord would go down this route?
Follow me on Twitter@landlordtweets
Mark Alexander - Founder of Property118
16:44 PM, 25th July 2013, About 10 years ago
In the discussion we are having over on the LRS Forum and the examples I gave of major players in the r2r sector, one is a very well established – "Northwoods". My concern with them is that they use management contracts, in which case, your point 3) above applies.
Point 3) and 4) can be rolled into one. Most (I suspect all but I may be wrong) private r2r operators are using the wrong contracts. That's the point I was trying to make when I started this thread. r2r is not something I advocate but I do recognise that a lot of landlords are operating this model, many of which have been sucked in by GRQ guru's but not all of them.
Most people doing r2r are decent people, even those who have paid for a GRQ course. There are, of course some very dodgy ones. The real shame is that even the well intentioned amatuers have not had access to the correct legal agreements and are using agreements which are dangerous to all parties.
The least I felt I could do to help the situation was to get a proper lawyer to draw up proper contracts. Incidentally, going back to your point 3) for a minute, landlords (property owners) can devolve themselves of their legal responsibilities of being a residential landlord if the correct agreement is used. It's the same agreement a landlord (property owner) would sign when letting to a Housing Association. In simple terms, it is a commercial lease over a residential building. AST's and Corporate Letting agreements are completely unfit for purpose, and if used your point 3) statement would be spot on. Therefore, I did a joint venture with Justin Selig, who, as you may know, is a qualified commercial property and contracts lawyer, a partner in Landlord action with Paul Shamplina, member of the law society and an all round decent bloke. He's also the solicitor we are using to represent the Class Action case we put together against BOI at Property118. As you may be aware, despite being unaffected by the BOI's decision to tinker with tracker rates personally, I also personally underwrote the barristers opinion to get the Class Action going. Sometimes the crusader in me simply can't be tamed! LOL That aside, Justin has been fantastic and so far has managed to influence the reversal of the BOI's decision for over 1,000 landlords and I am extremely confident that he is able to win the case for them all in due course if he gets enough support. Between us we are earning ourselves quite a reputation and the availability of professionally drafted r2r contracts will hopefully add to that. We will have to buy ourselves red capes and wear red undies on the outside of our trousers if we keep taking on crusades at this rate LOL
Anyhow, by the end of next week, r2r providers will have no excuse for not using the proper agreements and I suspect the press, assisted by Shelter no doubt as they always muscle in on these opportunities, will relish the opportunity to name and shame those r2r they come across who don't do it right.