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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||Helps to understand how their visitors engage with our website
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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
9:17 AM, 19th June 2013, About 10 years ago
I pride myself on being a fair landlord. My houses are to a good, if not high, standard. Cp12s are done when due, repairs done as soon as possible. Deposits are registered when taken and the relevant paperwork completed. It is ludicrous that some judge has now ruled that I am in breach of the law and open to being sued by a tenant and an ambulance chaser lawyer just because I have agreed that my tenants can move to a periodic tenancy. May I suggest that judges and people within the industry who know what they are talking about, get together urgently and sort this mess out. Then responsible landlords like myself will know exactly what they are supposed to do. Talk about moving the goalposts. These judges have moved the flaming pitch!!
9:48 AM, 19th June 2013, About 10 years ago
Yes well done Mark for getting going quickly on this issue.
This ruling does not pass the common sense test of being `fair`. This test is not always a legal test l ( although it can be) but it is just what is simply meant as being `fair` using the most common accepted meaning of that word in the English language. When we get exasperated we resort to this `fairness` test and scream from the rooftops `But its just not fair`.
The word `fair` has lots of power in our language sometimes legally sometimes morally. It leads to change.
This occurred with the recent BoI mini scandal when they tried to raise their SVR by too much, citing some obscure clause. They played a slippery game and they knew it. Technically they argued they could but it just wasnt fair.
This decision is different somewhat in its structure and its motivations but it may have been made because someone interpreted some words in a certain way. That way one could argue was technically correct but the ultimate beauty of words is that they are just words and what they mean today may have a different meaning tomorrow.
As a result I have no doubt this ruling will be overturned and normality and fairness will return. It just have to be given time to play out so save face more than anything else. Property 118`s power as a social media force along with other forums will make this process far far quicker than it did in the bad ol days 20 or so years ago when things which were blatantly unfair took far far longer to rectify
Social media increasingly plays its part and is a very important and useful tool in todays society for turning these types of wrongs into right. Power to the people used to often mean a demonstration via a walk and placards.
Now I can just as effectively demonstrate on my keyboard from the comfort of my home......... Which at my age is far more relaxing!
Mark Alexander - Founder of Property118
10:58 AM, 19th June 2013, About 10 years ago
Thanks for your very supportive comments so far - please become a Property118 member >>> http://www.property118.com/membership/40048/
11:04 AM, 19th June 2013, About 10 years ago
Politicians need to be reminded the UK Private Landlords account for more than 1 million votes and that we provide more housing than social landlords which equates to more than 4 million extra votes from tenants of private landlords.
Can the politicians really afford to allow poorly drafted legislation to screw up the PRS?
16:05 PM, 19th June 2013, About 10 years ago
On reading mark's article, I wrote immediately to my [Plymouth] MP as follows:
As my MP, please read the attached message from Property 118 and do what you can to sort out his ridiculous mess. Every tenant and landlord has, for years considered the terms by which an AST becomes a periodic tenancy to be a tenancy in two parts and that the document signed by both covers both parts of the tenancy.
I thought this government was bent on reducing and clarifying red-tape.
This is your chance to make a difference.
No reply yet = no vote later - except it was the other lot of idiots that set this all up.
16:42 PM, 19th June 2013, About 10 years ago
It is a bizarre ruling. I would like to know the reasoning behind it, does anyone have that? If so, please post it.
17:04 PM, 19th June 2013, About 10 years ago
Guys, as you were, this seems to indicate that there is no need to panic. It is intended to sweep up those tenancies which started before the deposit protection came in. Specifically it refers to one where the periodic tenancy started after the date of the legislation. It has no bearing on deposits which are already protected, which would have made no sense.
Mark Alexander - Founder of Property118
17:17 PM, 19th June 2013, About 10 years ago
@Puzzler - I'm not convinced. Until legislation is amended or the Supreme Court judge makes a ruling the lack of clarity remains. Anything else is just opinion.
17:24 PM, 19th June 2013, About 10 years ago
"In my opinion it needs to be confirmed that once a deposit is protected, either in a custodial or by an insured scheme, than it remains protected until such time as it is unprotected."
My agreement could not be more absolute, Mark. The issue for the landlord in question - Superstrike Ltd, the claimant in the county court case which sparked all of this panic - was that they had *not* protected the deposit initially as it was taken prior to 6 April 2007, when deposit protection regulation was introduced. The section 21 was considered to be invalid as the statutory periodic tenancy upon which it was issued began *after* this date.
Further to your suggestion, I would deem it necessary to consider the *conditions* under which a deposit was taken as on-going, or at least give landlords time now to protect deposits taken under similar circumstances. The problem is that many did not think an SP tenancy counted as renewal, and so many landlords could still be vulnerable to legal action even if your suggestion was followed.
Another option, one I would favour, would be to clarify specifically that SP tenancies are, in fact, continuations or FT tenancies for the purposes of guarantors, deposits etc, until such a time as either party terminates the agreement.
17:24 PM, 19th June 2013, About 10 years ago
I'm not quite sure if I've grasped this correctly but as far as I understand, this proposal is saying that if a tenant continues the lease after the initial lease term, then the deposit has to be re protected. If this is the case then the whole idea is ridiculous because once the deposit has been handed over to a Tenant Deposit Holding Scheme, it will remain safe and secure there until the tenant or the landlord terminates the lease so why would there be a need to re protect it. As the author above states, more clarification and reasoning for such suggestion is needed.