Privacy Policy
BACKGROUND:
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.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site
. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
| “Account” |
means an account required to access and/or use certain areas and features of Our Site; |
| “Cookie” |
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; |
| “Cookie Law” |
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
| “personal data” |
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 |
| “We/Us/Our” |
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 npatterson@property118.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?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
- 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?
Depending upon your use of Our Site, We may collect some or all of the following personal data (please also see section 13 on Our use of Cookies and similar technologies):
- Name;
- 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?
- We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
- 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.
- You may restrict Our use of Cookies. For more information, see section 13.
- 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 info@property118.com, or using the contact details below in section 14.
- Our Use of Cookies
- Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
- 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 |
Purpose |
Strictly Necessary |
| JSESSIONID |
Used only to collect performance data, with any identifiable data obfuscated |
No |
| __cfduid |
This cookie is strictly necessary for Cloudflare's security features and cannot be turned off. |
Yes |
- 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 |
Provider |
Purpose |
| __utma, __utmb, __utmc, __utmt, __utmz |
First |
Google |
Helps to understand how their visitors engage with our website |
| _fbp |
First |
Facebook |
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
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at info@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).
- Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Jeremy Smith
0:39 AM, 15th February 2014, About 10 years ago
Reply to the comment left by "Ms Bee Ms Bee" at "14/02/2014 - 22:08":
I'm not sure what you mean about paying them £700, is that the deposit which you were holding ?
Nothing is void, you keep the deposit money for the rent, I'm not sure what you mean there either.
If you can get them to stay and continue to pay rent with a new TA, then use that money to pay for your rented apartment, it's only 4 days, can you go back, perhaps, the landlord already knows you and knows you are trustworthy.. ?
You don't have to come up with money for their deposit, you can have a TA without any deposit.
You could ask them to build up a deposit on a monthly basis, but that just complicates the issue in hand.
If only they continue to pay rent, then you've got cashflow to pay your rent and whatever money you were going to use to pay your mortgage, you still use to pay your mortgage.
If you insist on getting your property back, then you could be out of pocket by alot by the time it's all over.
You are definitely in a situation where Mark's rule of thumb of 20% cash to hand would have really paid off, but you were not to know this would happen.
Ray Davison
9:00 AM, 15th February 2014, About 10 years ago
Unless it's got to the point where the tenants do not want to stay or you cannot rent elsewhere for some reason, then Jeremy makes a very good point. It may well be quicker and easier all round to let them stay and get them on a proper contractual footing. The only concern I would have with somone who has already refused to move out (Although you never gave them a formal legal notice either) is giving them another agreement althought you could just initially give them a short agreement say 2-3 months which would be no more than the optimistic time it will take to evict them.
Mark Alexander - Founder of Property118
9:23 AM, 15th February 2014, About 10 years ago
Reply to the comment left by "Ray Davison" at "15/02/2014 - 09:00":
Hi Ray
Forgive me for saying so but that's terrible advice.
A new two or three month agreement means that the tenant can walk away at the end of the agreement but the landlord can't seek possession until at least month six unless you can prove that the tenant is seriously in default, e.g. two or more months into arrears.
Any new agreement means that you can't obtain possession under section 21 for a very minimum of six months. The tenant is on a statutory periodic tenancy now which requires two months notice from the landlord, one months notice from the tenant, so why change that?
.
Romain Garcin
9:47 AM, 15th February 2014, About 10 years ago
Mark, note that if you issue a replacement tenancy to an existing tenant there is no 6 month period before getting a possession order under s.21.
This minimum period only applies for the first tenancy.
That being said, I don't see the point either of granting these tenants any new fixed term tenancy.
Mark Alexander - Founder of Property118
9:52 AM, 15th February 2014, About 10 years ago
Reply to the comment left by "Romain " at "15/02/2014 - 09:47":
Are you absolutely sure about that?
If you are right I've definitely learned something new today and clearly would owe an apology to Ray.
Given that I don't know anything about you Romain, other than having read your posts here on Property118, you will have to forgive me for being somewhat sceptical and needing to check this out further. I don't even know your last name or whether Romain is even your real name! LOL I do know most of our anonymous regular posters though.
.
Romain Garcin
10:16 AM, 15th February 2014, About 10 years ago
Reply to the comment left by "Mark Alexander" at "15/02/2014 - 09:52":
Skepticism is a virtue, Mark.
Reference is s.21(5), which defines the "6 month rule":
(5) Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than—
(a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and
(b) in the case of a replacement tenancy, six months after the beginning of the original tenancy.
Ms Bee Ms Bee
10:18 AM, 15th February 2014, About 10 years ago
Even though I am going to attempt negotiation, would anyone advise I still issue the correct formal notice. I've seen where I cannot issue a section 21 unless I have done this anyway.
Furthermore, can I even issue a section 21 in light of the deposit issue?
Mark Alexander - Founder of Property118
10:41 AM, 15th February 2014, About 10 years ago
Reply to the comment left by "Ms Bee Ms Bee" at "15/02/2014 - 10:18":
You can issue section 21 but it will not be valid unless you have already dealt with the deposit protection issue. A simple agreement, signed by you and your tenant (and independently witnessed) confirming mutual agreement of your tenants deposit having been used for one month of rent should suffice. I'd suggest having this prepared in advance of your meeting. Get that signed, then proceed with the advice offered by Ray Davidson in this comment >>> http://www.property118.com/homeless-homeowner-the-law-supports-lawlessness/63713/comment-page-3/#comment-37627
NOTE FOR RAY - I accept I was wrong earlier and I apologise. Maybe I need to book myself on a Landlord Accreditation course. 25 years in the business and still learning! 😉
.
Industry Observer
18:32 PM, 15th February 2014, About 10 years ago
I'm out. I don't think we've still had the full story here.
To Ns Bee Ms Bee (how much does that handle tell you?) let me give you some advice, which is:-
Don't believe what CAB tell you
Don't believe what Local Authority tell you
Don't believe what well meaning friends tell you
Don't believe what any solicitor tells you unless an L&T Law expert
I'm out
Ray Davison
23:14 PM, 15th February 2014, About 10 years ago
Reply to the comment left by "Mark Alexander" at "15/02/2014 - 10:41":
Hi Mark, apology accepted no problem (I half expected the comment you made from someone). As you say we all learn someting every day and that's one of the reasons I come here. It may become incremental in nature and you are about 15 years ahead of me but every snippet can save you grief. I actually learned this bit of the 6 month rule on a half day landlords course I went on eight years after becoming a landlord! Romains comment explains the reason for my suggestion of a new agreement and my thinking behind it was that you return the deposit and start again on a proper legal footing, ensuring rent was due and that a valid S21 could be issued if necessary but only if the questioner was happy to continue with the relationship going forward. Pragmatic is often better than principle in this business.