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:
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- 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:
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- Personalising and tailoring our products and or services for you;
- Replying to emails from you;
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- 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?
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- Contacting Us
7:05 AM, 20th June 2013, About 10 years ago
As with many other Landlords who try to to be "decent landlords" to our tenants and also try to comply with the ever changing rules and regulations this current charade indicates the failings not only of the legislation but also those who are charged with applying it.
I - along with many others - have written to my MP asking his opinions and also requesting that he pass on my comments to the relative Minister for comment. I suggest that this is the first "port of call" for all of us.
It would appear that many Judges presiding over cases - covering many facets of life in general - nowdays have little appreciation of the real world and are more interested in inflating their own ego's further than considering the overall ramifications of their determinations.
With regard to the inadequacies of the legislation being handed down by "the powers that be", could it be that, given that many MP's are from legal backgrounds, one of the reasons for issuing ill considered legislation could be to ensure that there will be a guarenteed workload when they fail to get re-elected and return to their original profession.
Here's hoping for a little common sense clarification in the near future.
7:36 AM, 20th June 2013, About 10 years ago
Robert - I don't think this forum is the place to be offensive. I'm glad you clarified that you're a legal practitioner (what does that mean? solicitor? barrister? paralegal?) as you would have an interest in churning the file.
Yes it was a new tenancy and so required a protected deposit. Of course it also applies to tenancies after that date (obviously) but if it's already protected (which it should be if it began afterwards) there is no issue.
Chris Best sums up the current situation very well and until there is a further ruling or somesuch, we should all go home and get on with whatever we were doing before.
Mark Alexander - Founder of Property118
7:53 AM, 20th June 2013, About 10 years ago
Yunus said "If we have a tenant who has moved to a PT after being on AST can we simply get the paperwork done now to re-protect the deposit ?"
That's the crux of the matter for me. The answer is no. The reason the answer is no is that the Localisation Act gave us 30 days to protect a deposit from receipt of the deposit. This case assumes the deposit is notionally repaid and received again when the SPT tenancy commences, regardless of whether the money physically moves or not. Therefore, re-protecting now will serve no purpose if a fixed term tenancy became an SPT more than 30 days ago.
The even crazier thing is this. Let's assume this happened for the first time just 29 days ago, i.e. you have one property only and your first ever fixed term tenancy ended 29 days ago. Then yes, you could protect the money again today and be safe. However, a new periodic term would start again tomorrow and monthly thereafter so it could be argued that you need to re-protect and re-serve prescribed information monthly.
I accept this is all theoretical as legislation remains very unclear to most reading it and none of has has had the benefit yet of having of a wise old judge having made a ruling so we all know where we stand.
Yunus also said "My deposits are being held in the tenants deposit scheme arranged by the letting agent – so is it not his responsibility to ensure that it satisfies the legal requirements whatever they be ?"
My answer to that one Yunus is that you can hold your letting agent responsible, however, you are ultimately accountable. What that means in real terms is that if your letting agent does something wrong then you get punished. This is for all of your responsibilities as a landlord, not just Deposit Protection but also things like making sure you have a valid EPC and Gas Safety Certificates. If you do end up being punished or you otherwise lose out financially due to your letting agent being found to be negligent then you can sue your letting agent. However, that's down to you. If your letting agents has no money and trades as a limited company he could just close his doors and liquidate his company. That's why it is important to ensure that your letting agent has professional indemnity insurance and client money protection. If he's a member of one of the following organisation you will probably be OK but remember that you are accountable but you may be able to hold your letting agent responsible. The organisations are ARLA, RICS, Law Society, NALS, SAFEagent and some but not all UKALA agents which is another issue altogether.
10:16 AM, 20th June 2013, About 10 years ago
@robert m - i admire your patience explaining this over and over again. think puzzler has finally got it...clearly puzzler by name, puzzler by nature. shame no apology for muddying the waters. if there is no legislation change then we will have to wait for a test case. until then there will be uncertainty, which is what most people realise.
10:30 AM, 20th June 2013, About 10 years ago
I think you are more or less right.
My main point is that the vast majority of tenancies that have turned periodic will have done so more than 30 days ago. Therefore, you are too late to protect the deposit now, so I cannot see anything to be gained from acting at this stage before clarification unless you need to issue notice.
If you have a tenancy that has just turned periodic or is just about to, I would be tempted to re-protect it. However, in doing so I suspect in a few months time I would look back and see I gained nothing from taking that step.
However, if you can be bothered on such an esoteric point, I think you need to re-read the 1988 Act to distinguish the finer points between fixed term tenancies and stautorty periodic tenancies. Whilst a fixed term tenancy is in force you can give notice for any date after the end of the fixed term. When a periodic tenancy is in force you can only give notice for the end of one of the periods. Why? Because, strictly speaking, each period is itself a new mini fixed term contract. It is precisely for this reason that the notice requirements are different. [eg see HA 1988 s5(3)(d)]
I am not very religious, but I think I am beginning to understand the stress some incur waiting for white smoke to emerge from the Vatican. Also I am glad that I have not had any tenancies end or renew since April 2007 that would appear to be caught in this fiasco!
10:40 AM, 20th June 2013, About 10 years ago
Robert – I don’t think this forum is the place to be offensive ….. you would have an interest in churning the file.
Oh the irony!
I'm not even going to tell you what law I used to specialise in.
I see that you now seem to accept the ruling on the law in the case potentially affects others. Where we agree can be best summarised by the line in "Blockbuster" by The Sweet:
"We just haven't got a clue what to do!"
Just watch this space and remember who is to blame next time Shelter shove a collection tin under your nose!
11:03 AM, 20th June 2013, About 10 years ago
The 1988 Act, section 5 (which the judge referenced in this case) is explicit that a SP tenancy arises exactly once, at the end of the term of the original tenancy. There is nothing to state that a new tenancy arises at the end of every subsequent rent period.
1. There is no foundation for your fears that action might need to be taken monthly (or weekly if that was the original rent period), and therefore that you could be open to penalties of three-times the deposit each month.
2. I agree with you that, following this judgement, there is the possibility that the letter of the law is that the deposit should be re-protected when a tenancy becomes SP, and that for most cases it is too late to achieve that..
However, it might be argued that the statement by the 'authorised scheme' that 'on going SP no further action need be taken' is an 'initial requirement' under sectrion 213(3) of the 2004 Act, and we are all OK (but being able to argue it doesn't mean the argument would be accepted).
If a custodial scheme (DPS) is used, then I think there is no problem because
a) the rules of the scheme are that the deposit belongs to the Tenant.
b) the LL does not hold the deposit, but has passed it on in accordance with the law.
c) The DPS cannot return the deposit without the agreement of the tenant.
d) therefore there cannot be an implied receipt of the deposit.
But that argument would not work for an insurance scheme because the LL does retain the deposit.
Mark Alexander - Founder of Property118
11:30 AM, 20th June 2013, About 10 years ago
@Michael Barnes - if you are proven to be right that's a very good spot. I'm very short on time today, so would you be so kind please to point myself and other readers here to the specific numbered point in sect 5 HA 1988 to which you are referencing please?
Link to section 5 Housing act 1988 >>> http://www.legislation.gov.uk/ukpga/1988/50/section/5
Must go, next meeting calling.
Thanks in advance 🙂
11:30 AM, 20th June 2013, About 10 years ago
That is a very good point, Mark, and we had all drifted away from it.
However, should that be the case, although absurd, it could all be automated (like bank statements) and be done by the protection agencies.
Joe Bloggs - you too are offensive. I have not "finally got it" as I have not changed my original assertion. I am not apologizing for suggesting people stop acting like headless chickens.
I have never had to give notice, so I don't know if it's true that it has to be to the end of a period but it is not so for the tenant unless in their agreement.
Interesting, Robert agrees with Chris but not with me, even though we have made the same points. I have not changed my view although clearly have put it better if he now thinks I agree but didn't before. Reading the below, it rather seems the other way round. I don't think the ruling, as given, affects newer deposit-protected tenancies, although your interpretation is that it is possible that it does. See my point above.
If you are correct then all deposits should be protected even those relating to tenancies beginning way before April 2007.
11:32 AM, 20th June 2013, About 10 years ago
Thank you - you put it much better than I did.