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.
Lesley
15:54 PM, 17th October 2022, About 2 years ago
Reply to the comment left by Graham Bowcock at 17/10/2022 - 12:05
Thank you. They had used up the LAST MONTHS payment, within 5 months, as they stopped paying properly after just 2 months of being in the house (DEC 2019). Owe over one years rent now
WORDING OF THE AGREEMENT
TERM
A term certain of 12 (Twelve) Months from the Commencement Date;
RENTAL PERIOD
Monthly
RENT
£ 1,400 (One Thousand, Four Hundred Pounds)
For each Rental Period payable in advance on the first day of each such Rental Period by Standing Order.
2 months rent in advance for first and last month, payable on signing, minus any holding deposit.
DEPOSIT (if any)
The Tenant shall pay on the signing thereof a deposit of £0 zero to the Landlord (Landlord Agents) to be dealt with in accordance with clause 2 (vi) and clause 4.4 hereof. NO DEPOSIT AGAINST DAMAGES.
ANY MONEY IN ADVANCE TO BE RETURNED IN FULL AT END OF PROPER NOTICE PERIOD, IF APPLICABLE (i.e. IF IT IS NOT USED FOR LAST MONTH AFTER PROPER NOTICE IS GIVEN).
David
17:37 PM, 19th October 2022, About 2 years ago
As you know, this hinges on what you meant by "last month" and whether you can prove that you intended that this would mean the last month of the fixed term. If there is any doubt about this in the mind of the judge, then the money taken cannot be rent because its for an unknown period and the legislation tells us that anything taken to discharge a future indeterminate liability is a deposit.
Seething Landlord
1:40 AM, 20th October 2022, About 2 years ago
Reply to the comment left by LP at 17/10/2022 - 15:54
Based on the information given, the additional month's rent was clearly paid as security for rent due on a future unspecified date and was therefore a deposit within the meaning of the legislation.
You say yourself that "They had used up the LAST MONTHS payment, within 5 months" - how could that be true if the money was to cover the final month of a 12 month tenancy, which would quite possibly roll over into a statutory periodic tenancy (and presumably has done so). What you describe is a deposit being used to reduce the arrears.
The final part quoted: "ANY MONEY IN ADVANCE TO BE RETURNED IN FULL AT END OF PROPER NOTICE PERIOD, IF APPLICABLE (i.e. IF IT IS NOT USED FOR LAST MONTH AFTER PROPER NOTICE IS GIVEN)" is a clear description of how a deposit is treated.
If you read the Court of Appeal judgement in Johnson v Olds you will see that the tenancy agreement was analysed in great detail and the decision based on the particular facts of the case, which were unusual to say the least and bear no resemblance to your situation.
Lesley
10:34 AM, 20th October 2022, About 2 years ago
Reply to the comment left by Seething Landlord at 20/10/2022 - 01:40
Thank you. Appears that, even with the tenants owing a whole year in rent, the last months payment will have to be classed as a deposit. I wish legislation made that clearer (websites said at the time in advance was ok).
Should I put the money in a deposit in a protection scheme now, before the hearing, where they will no doubt confirm your view, or will it not help?
Seething Landlord
13:25 PM, 20th October 2022, About 2 years ago
Reply to the comment left by LP at 20/10/2022 - 10:34
In Johnson v Olds the validity of the S21 notice that had been served was the real issue and this depended in part on whether the rent paid in advance was or was not a deposit.
In your case you are using S8 so presumably the question is whether or not the tenant is entitled as part of their counterclaim to compensation for your failure to protect what they claim was a deposit. I am not able to advise what you should do but if you were to protect the money at this stage you would effectively be conceding the point.
There is also the counterclaim for disrepair to contend with.
None of this should affect your ability to obtain a possession order but you have entered a legal minefield and should perhaps be paying for professional advice on how to achieve the best outcome.
Lesley
17:33 PM, 20th October 2022, About 2 years ago
Reply to the comment left by Seething Landlord at 20/10/2022 - 13:25
Thank you.
Yes been trying to find a Solicitor to deal with just the counterclaim... of the few that reply they appear very busy & uninterested. Hence your replies being so gratefully received.
Yes, securing the 'payment' will mean giving the tenant another £1,400 on top of the £20,000 (1 Year of payments), they are in arrears. But thought it might reduce any fine, the Judge & Duty Solicitor didn't appear to like Landlords, even accidental ones (My mum with Dementia came to live with us & rental was supposed to pay for a bigger place).
Might be 'wishful crazy thinking', but maybe some 'deposit' might be returned, as they have housed over 40 cats there as a cattery and admitted they had caused damage from damp by keeping the house closed up.
Access was almost impossible, has been refused for almost a year after they verbally abused the last builder and demanded they find the next one, which they didn't. Not sure if that will be a defense against any repairs (which are few & new, since they moved in).
Seething Landlord
19:53 PM, 20th October 2022, About 2 years ago
Reply to the comment left by LP at 20/10/2022 - 17:33
You won't be able to get a solicitor to represent you on only one part of the case, the claim and counterclaim are not separate actions and have to be dealt with together.
I think I read in one of her posts that Tessa Shepperson of Landlord Law has a list of solicitors who specialise in property related litigation so it might be worth contacting her or perhaps NRLA could recommend somebody.
Lesley
14:00 PM, 21st October 2022, About 2 years ago
Reply to the comment left by Seething Landlord at 20/10/2022 - 19:53
Thank you. Will ask Tessa Shepperson.
It will be good to get a Solicitor, skilled in defending the REPAIRS defence, due to lack of access and reducing the outcome/fine, if they do decide 'money in advance' is a DEPOSIT.
Lesley
15:29 PM, 14th November 2022, About A year ago
Reply to the comment left by Graham Bowcock at 17/10/2022 - 12:05UPDATE
The tenants are almost 20k in arrears now,
accelerated it, by not having paid anything in the 4 months of the court process
In the 21st SEPT Hearing the Judge gave them 3 weeks ending 19th OCTOBER
The court replied via email today:
To date, no Defence or Counterclaim has been filed in this matter.
Can we presume the tenants time is up and we should email the Court
ASKING FOR A JUDGEMENT IN DEFAULT?
any advice would be appreciated
Reluctant Landlord
15:48 PM, 14th November 2022, About A year ago
this is an interesting post - though I am unable to give any comment as to the OP's predicament.
I was wondering about the whole rent in advance and last months rent in advance bit as I;ve come across a similar situation but this time it is to avoid the issue over the lack of the last months payment as a direct result of the tenants rent being paid directly by the DWP.
The whole month BAP rule is a nightmare. It ASSUMES a tenant will give proper notice (a month) and will be done in alignment with their BAP dates (so that the day they leave is the day after the BAP date cutoff so that you get paid the month in arrears to the da, but after the tenant has actually left).
This never happens and more likely I am left with the last month of rent missing entirely. (yes it is possible to take out of the deposit but that is ASSUMING there is no damage or other rent arrears totalling the deposit amount. If that is the case the deposit wipes that out)
So, to ensure that if the tenant does not leave with a missing last month's rent, is this not a viable solution to having the last months rent paid at the start for that exact eventuality? It is clear this is rent and not a deposit (as a 5 week deposit would also be taken)