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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- 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.
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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.
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- 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
11:39 AM, 13th November 2017, About 6 years ago
The only thing I can think of is that the agent normally deals with some form of commercial contract?
First point of call would be the agents themselves and then their Redress Scheme.
12:38 PM, 13th November 2017, About 6 years ago
It is a standard forfeiture clause which is included to enable the landlord to take possession using ground 8 etc within the fixed term. The landlord cannot actually just re-enter and take possession without a court order however.
Mark Alexander - Founder of Property118
12:39 PM, 13th November 2017, About 6 years ago
I'd sign the tenancy agreement and secure the property first. The contract term you've quoted is definitely not valid which means it could never be enforced.
If you complain before signing the agent will probably just rent the property to somebody else.
I agree with Neil's advice, albeit after you have secured the tenancy and are in the property.
If the agent doesn't belong to a redress scheme then report them to Trading Standards as that is also against the law.
12:39 PM, 13th November 2017, About 6 years ago
Is the rent paid weekly in advance? In that case two weeks late would represent two periods overdue which I think is the standard minimum for repossession.
I have no doubt someone will correct me if that is wrong.
12:48 PM, 13th November 2017, About 6 years ago
The clause is not a standard forfeiture clause. You would usual find provision to seek possession under Schedule 2 of the Housing Act (the Section 8 Notice grounds) but the provision here relates to Section 21 and seeks to provide the landlord with a right to kick out the tenant without any possession order. Such action would be unlawful and result in serious repercussions for the landlord. I believe the clause is unenforceable unless the landlord serves a valid Section 21 notice and subsequently obtains a possession order via the Court.
13:06 PM, 13th November 2017, About 6 years ago
Apologies - I have now read the clause again. It looks to me as if it is supposed to be a forfeiture clause but it has been worded incorrectly. The landlord most certainly could not just re-enter however so the tenant is safe from that perspective. The clause just does not make sense and needs to be re-written as a standard forfeiture clause.
13:08 PM, 13th November 2017, About 6 years ago
The first part is just a statement that they may rely upon s21, it is not worded very well but is essentially just a statement about what law will apply. The problem comes with the subsequent part of the statement about re-entering the property, and I believe that this would be unenforceable. Putting in an unenforceable term into a contract (tenancy) is not "illegal", and it does not make the whole contract (tenancy) unenforceable, only the defective term/condition.
There are of course exceptions to almost every rule, and there may be particular types of occupancy agreements where forfeiture or re-entry is allowed, the most common being the forfeiture clauses in commercial leases, but it does not sound as if the tenancy your daughter has received is any of these.
13:10 PM, 13th November 2017, About 6 years ago
There seem to be landlords and agents specialising in letting to students who either do not know the relevant law or ignore it. They give the rest of us a bad name, and much more important, convince students that all landlords are as Shelter portrays us. This view may stay with them for the rest of their lives. Do you think that this is what happened to Osborne and Hammond?
13:59 PM, 13th November 2017, About 6 years ago
The clause is nonsense. Section 21 is used where the landlord does not have to give a reason (so-called "no fault" but often used by landlords following a default because the court does not have discretion to refuse possession). The fact that the rent is in arrears or there are breaches of covenant is irrelevant to section 21 applying.
A landlord cannot serve notice under s21 sooner than 4 months into an AST. Furthermore s21 cannot determine an AST sooner than the contractual end date.
An inexperienced draftsman has produced wording which "sounds threatening". It is anything but. You could turn round and say that the landlord agrees not to seek possession until the term end date following non-payment of rent or breach of covenant! Surely not what the landlord wants but it's his clause.
As others have said the landlord cannot re-take possession without a court order.
As an aside try to match the term of the AST to the university year. My daughter was offered an AST for 6 months starting in September. As her course ended in June I insisted on a term until the end of June. The agent seemed to think that all ASTs had to be for 6 months.
Your daughter can sign the AST and not worry about this clause.
14:59 PM, 13th November 2017, About 6 years ago
I agree with Ian Narbeth, S21 is for any reason or no reason, failing to pay rent soon after an AST starts, a landlord does not have to wait 4 months or so before he can evict a tenant, since failing to pay rent on time and falling behind a landlord can start eviction proceedings under s8, after failing to receive any rent for at least 2 months where rent is paid on a monthly bases or two weeks where it is paid weekly, but landlord then has to give a minimum of 2 weeks notice under S8. (Though this may be wrong, however, acts change more or less on daily bases, but this is what I have been told by a legal advisor or perhaps I understood wrong.