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:
|Name of Cookie
||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:
|Name of Cookie
||First / Third Party
|__utma, __utmb, __utmc, __utmt, __utmz
||Helps to understand how their visitors engage with our website
||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
15:38 PM, 4th February 2013, About 10 years ago
The problem you have is that minors are legally incapable of owning an estate and in the event that a minor signs a tenancy agreement under the trusts of land and appointment of trustees act which i believe was 1996 the landlord in effect becomes the trustee which makes it very difficult to serve notice and end the tenancy.
You do have a comeback on the letting agent as this is negligence on their part however it
depends what you have in writing as they should have confirmed their instructions.
If i was in your situation i would write to the agent listing where they have not carried out there instructions, and if they are regulated ask to be entered into their clients complaints procedure. They are liable for the removal of the tenant as it is down to their negligence that the minor is in occupation in the first place.
It sounds like they are not going to be very good tenants especially with the older being paid cash
However, one very quick albeit risky solution would be for the boyfriend to sign a new six month
tenancy agreement and the minor must not be put on this. This gets over the hurdle of being able to remove the tenants however they are there for an additional six months. It may be worth asking the boyfriend if he can provide a guarantor at which point you can get the rent guaranteed.
16:39 PM, 4th February 2013, About 10 years ago
If both tenants are on the agreement then you can still serve notice providing one of them was 18+ at the signing of the agreement.
3:11 AM, 5th February 2013, About 10 years ago
Why oh why do we hear the constant refrain from LA that the tenants were OK as far as the LA was concerned as they passed referencing!
When will LL learn that 'normal' referencing proves NOTHING!
The ONLY referencing that is of any use to a LL is RGI referencing or any referencing that is guaranteed to qualify for a RGI policy.
If a problem then occurs then a RGI claim mat be made.
'Normal' LA referencing does absolutely NOTHING for the LL.
The LA denies any responsibility, hiding behind their referencing.
The LL is then left with the problem of dealing with the wrongun tenant.
If RGI was in place the LL could leave the problem for the RGI company.
Why anyone takes a blind bit of notice of ANY LA referencing that doesn't guarantee qualification for RGI policies I shall NEVER know!
If a tenant fails to qualify for RGI at least the LL will know and then it is up to the LL to take the risk of taking on such a tenant.
Appreciating that it appears the tenant passed the criteria for RGI....................................................................HOW!?..........................Isn't it scandalous that the LA did not obtain the RGI policy on behalf of the LL.
Talk about a completely fraudulent and incompetent LA!
The more stories you hear about these incompetent LA the more I consider a pressing need for LA to be regulated; like Estate Agents.
There is no redress against these idiot LA.
Very few LA are compliant with all the good practices that are espoused for the industry.
We need regulated LA NOW.
14:52 PM, 5th February 2013, About 10 years ago
Further to this we had a national letting agency let us down big time by failing to reference a tenant properly. This LA was (and still is) regulated by the various publicised bodies. The tenant defaulted leaving us out of pocket by a lot of money. Needless to say we "opted out" of our agreement with this agent and we now stipulate exactly what criteria is needed in respect of referencing checks with our current agent, who by the way, is a very good independent and does not belong to any of the regulatory bodies.
In terms of the agent who has let Marie down, I would say what you have described is bordering on criminal deception if you have paid money for a service to be carried out, which quite clearly hasn't on various issues.
I would get some legal advice regarding the agent for starters. This should include where you stand in terms of possible eviction procedures and also how to deal with the rogue agent.
As far as the tenant is concerned I would be totally upfront with him and fully explain what has happened. Was a deposit taken from him and what happened to that?
He, and his girlfriend, need to know exactly where they stand as the onus is on the Landlord to comply with most things concerning letting a property.
It sounds as though you have two choices; i.e. to start a new tenancy agreement from scratch or to politely ask him to vacate within a month if he cannot nominate a suitable guarantor.
Bear in mind that if he does agree to leave but fails to pay any rent that is due any rent guarantee insurance normally has a months worth of rent as a policy excess so you would be out of pocket anyway.
Any loses due to all of this then should be pursued from the original agent, either by means of a compensation claim when they are prosecuted in a criminal court, or by means of a small claims court action.
In my opinion it is definitely worth speaking to other local landlords in your area regarding which agents they recommend, or not, as more often is the case. I am very open minded about who the good and the bad agents are in my area and they fall in both camps as regards to whether they are under the scope of the regulatory bodies or not that are supposed to be there to protect us.
12:25 PM, 6th February 2013, About 10 years ago
Once the tenant attains majority the problem disappears, they don't have to sign or do anything new the tenancy becomes enforceable.
The technique used to be to have a parent etc named as tenant with the under age occupier as joint tenant but Chris is correct and the Landlord in effect becomes the tenant's Trustee if the minor is the only named tenant.
In 20+ years practice provided the tenant is over 17 and not 16 I have never seen an actual problem with this. As IO say the whole key is them attaining majority then the problem is as if it never existed originally. The fact they entered into the contract uner 18 doesn't matter as they continue to benefit from it over 18.