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 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:
- 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 email@example.com, 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.
- 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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- 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
Mark Alexander - Founder of Property118
9:57 AM, 21st June 2013, About 10 years ago
@Bernard Adey - I certainly agree with the first part of your post, I too have decided that doing nothing for the time being is the safest option.
As for all landlords selling up, I'm sure the auction houses would love that idea, as would the House Price Crash forum contributors. I can't see that happening though in reality. For some landlords this may the the straw which breaks the camels back but I suspect very few. There are lots of landlords who simply can't afford to sell due to negative equity and CGT as a result of remortgaging in the last property boom.
I do this Anon has made a very interesting point and it is that pressure on the deposit protection companies business models which gives me confidence that high level talks will be going on behind closed doors to ensure the required clarification comes through quickly.
10:26 AM, 21st June 2013, About 10 years ago
I certainly agree - I find that many landlords are still confused about what they have to do with deposits, this confuses matters even further. My understanding when reading the judgment is also that the deposit would have to be re-protected every month on the granting of a new periodic tenancy - it is ludicrous to think that you would have to do this every month.
We do need clarity and urgently
12:57 PM, 22nd June 2013, About 10 years ago
Thank you Mary, you put it much better than I did, but that is what I was trying to present.
If Robert M is correct about the end of the tenancy then my excellent agent must have it wrong.They just ask for a minimum of one month's notice (which is the period of the tenancy after the end of the initial AST) commending when the notice is given. Technically that would be the mutual agreement circumstance that Robert describes. The point is that it does not have to end at the end of the period. Conversely, my agent takes all the rents on the 1st of the month regardless of the date the tenancy starts, whereas some take it on the same date each month as the beginning of the tenancy.
It seems Robert's argument would only apply if nothing was said in the agreement regarding notice and a properly drafted agreement would surely not leave that out. Nice to know I could insist on it, although I would not see the point.
12:58 PM, 22nd June 2013, About 10 years ago
that should be commencing when notice is given
13:55 PM, 22nd June 2013, About 10 years ago
"If Robert M is correct …"
There's any doubt :)? One thing I always try to do is ensure that I make it clear when I am exploring possibilities rather than stating circumstances that are more certain.
"If Robert M is correct about the end of the tenancy then my excellent agent must have it wrong. They just ask for a minimum of one month’s notice (which is the period of the tenancy after the end of the initial AST) commending when the notice is given. Technically that would be the mutual agreement circumstance that Robert describes. The point is that it does not have to end at the end of the period. Conversely, my agent takes all the rents on the 1st of the month regardless of the date the tenancy starts, whereas some take it on the same date each month as the beginning of the tenancy."
I used to do this. Did my head in. Solution? All fixed terms in my tenancies last between six and seven months. They end of the last day on the month in which the fixed period would otherwise be six months long. The tenant pays a proportion of the rent due in the first month and then on the first of each month thereafter. I never allow a statutory periodic tenancy to start, but all my "periodic" tenancies run on calendar month basis.
Result? All rents after moving in due on 1st, all notice periods must be one full calendar month. Bliss. I can agree any notice period without having to look at the file, except sometimes to remind myself when the fixed period ends.
"It seems Robert’s argument would only apply if nothing was said in the agreement regarding notice and a properly drafted agreement would surely not leave that out. Nice to know I could insist on it, although I would not see the point."
The case came about where tenants posted the keys back claiming that returning the keys was an act of surrendering the tenancy with immediate effect. The Court did not accept this – they are not actually anti-landlord, believe it of not.
Yes life's too short to always insist of your rights. However, a tenant who decides to give notice in mid November expecting to leave you with accommodation to rent from the middle of December can be annoying. Having said that, the Christmas break period (as a landlord I mean the Christmas relationship break-up period) is excellent for filling vacant small units in January.
17:22 PM, 24th June 2013, About 10 years ago
I have read the comments on the forum with great interest. And while "doing nothing" is an option, then "doing something different" is as well.
I have always used an insurance scheme (my deposits) for both my landlords and myself as I liked the flexibility that it gave in dealing with disputes. However, I have been using them for two years and how many disputes have I had in that time across about 40 tenancies..................thats right.none. For which I have paid anything between £18 and £30 a tenancy, plus the "joining fee".
Now- Mark has mentioned that there may be a difference between the custodial and the insurance backed schemes..whether there is or not is yet to be seen. However there are three main scenarios:
1. The legislators come to their senses and decide once a tenancy is protected its protected until such time as it ends;
2. The lunatics take over the asylum and decide:
We have to re-protect every time a tenancy goes periodic;
3. The lunatics (and Shelter) take over and we have to re-protect at the start of each rent period;
Now I know that reassuring noises have been made by a lot of the experienced posters on the forum, and Mary Latham in particular which we should all be grateful for. But.....we are in a very "fluid" and uncertain time at the moment and one thing strikes me:
If you have to re-protect multiple times in custodial it costs you nothing.
If you have to do it in insurance backed schemes it costs you- again, and again.
So for the time being I am protecting new deposits with DPS. I know it doesn't give me the flexibility ( or the 1.% interest on the money in my client holding account) , or protection against being fined on a statutory periodic tenancy but at least I am putting myself in a position where I am building in some resilience into the situation. After all- the DPS is the Government backed scheme and are hardly likely to put themselves in a position where they sue themselves......or will they?
17:41 PM, 24th June 2013, About 10 years ago
Excuse this red herring, but don't count on the government agencies not suing themselves. The Environment Agency has had to sue itself in the past for breaching its own laws. Also, agencies are staffed by human beings, a lot of whom will go to inordinate lengths to blame others and avoid admitting mistakes: but when the roof falls in, they [the Agency] los pay damages and fines - which we, the taxpayers, have to fund.
18:01 PM, 28th June 2013, About 10 years ago
This is ridiculous. Again the government and the law courts seem to be penalising landlords. Renting a property is meant to be a safe investment yet time after time it seems that the courts and the government keep knocking Landlords.
Something needs to be done quickly. Clarification of the ruling is just the start - I'm seriously thinking of pulling out of property and investing elsewhere where I won't be penalised for being intuitive.
Ever Hopeful Landlord
22:02 PM, 1st July 2013, About 10 years ago
i use the tds for my deposit protection and when it becomes periodic they issue a new certificate stating periodic at no extra cost so surely this covers it.
Mark Alexander - Founder of Property118
22:08 PM, 1st July 2013, About 10 years ago
@Paul Anderton - do you issue fresh prescribed information to your tenants?