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:
|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
9:36 AM, 30th July 2015, About 8 years ago
Are you sure he is not collecting the correct rent from the tenants?
10:01 AM, 30th July 2015, About 8 years ago
You need to establish how much the tenant has actually paid. Any difference between the actual payment and the contractually agreed rent is clearly a rent arrears and you as the landlord can pursue this issue.
However if your figures are correct and the agent has either allowed the arrears to build to £2,500 without notifying you at any stage, or not paid you the funds that he has received, you have a case against the agent.
The agent cannot be blame for the tenant not paying the rent, but he is at fault if he has failed to keep you updated on any irregularities surrounding the tenancy. On the second case (if fund have not been transferred to you), the agent is clearly at fault.
To solve this issue, first of all, ask the agent for a plan to solve the problem (whatever that may be), with a very specific time scale. If that proposal is not of your satisfaction, take the case to The Property Ombudsman or any redress scheme / professional body that the agent belongs to. You will need a proposal (or Final Position) from the agent before you contact The Property Ombudsman / professional body, thus the reason of asking for a proposal from the agent as the first step.
Depending on how bad the relation with the agent may be, I would consider moving the property to another agent. Mind you, as soon as you do that, the agent will have a lesser interest in solving the problem. So it may be better to stick to the agent if you believe that it has been a genuine overseeing that they are keen to solve (sometimes at a loss for the sake of keeping your instruction), but if integrity / ethics are in doubt, move the property to another agent now (and still pursue the case with the professional bodies above-mentioned).
Regardless of the situation with the agent about the poor / unprofessional serviced that you may have received, you can always contact the council to pursue any arrears as the tenancy agreement is between the tenant and the landlord. If you decide to go this route, make sure that the council starts paying any future rent directly to you or the new agent.
10:07 AM, 30th July 2015, About 8 years ago
you will have to check your Rental agreement with the Agent and also the AST. then you will be able to see who to take it up with!
10:32 AM, 30th July 2015, About 8 years ago
Is the agent part of a large national company or are they a small independent?
As a former letting agent working for a large company previously, what sometimes happens in these cases, because the funds are coming from different sources, the rent comes in at different times, and the company captures the bulk of the rent from one source, but fails to capture the smaller amount. This smaller amount will then sit in the companies ring fenced rent account until the agent request it be chased by their accounts department.
If it is a large company request that your agent do this. If it is a small agency, then the tenant is in breach of contract for not paying agreed rent, but this could be due to the agent not requesting this amount, so why would they volunteer it?
Get back to your agent, clarify the amount that they have requested and get them, to set up a payment plan with the tenant to resolve this issue, and I would be looking for a reduction in agents fees or compensation, or both!
Hope this is resolved for you soon.
10:36 AM, 30th July 2015, About 8 years ago
Housing benefit is paid every 4 weeks - 13 times per year. It's not paid calendar monthly (12 times a year). Can you confirm that based on this you are still recieving less rent than you should be or does this clarify things?
12:05 PM, 30th July 2015, About 8 years ago
Your first step should be to express your concern to the agent and rrange a meeting to discuss it. Specific items you need to discuss are
- what was the agreed rent (and does that match your expectations/records)
- what money has the tenant paid (every payment)
- what money has been paid to you.
If everything stacks up, then it is an error in your calculations.
If it does not tack up, then
- how has the discrepancy arisen.
- what are they going to do about rectifying the historical issues and future payments.
If you are then not satisfied, then take it further.
1:00 AM, 31st July 2015, About 8 years ago
I have previously had tenants from housing benefits and received the payments directly from the council. You need to ask to see the council payment advice slips - they show how much has been paid to you (your agent), when, and the dates that this payment covers.
It is correct that the payments are made every 4 weeks instead of monthly, unless there is a public holiday on or around the payment date. Then they pay for an obscure number of weeks, but it always sorts itself out. The slips really help to see what they have paid for and how they have calculated it.
It is also worth noting that the council pay rent IN ARREARS. They do not pay in advance like you would expect your 'normal' tenants to. You therefore may well find that, depending on how much your rent is, it is just the payment in arrears verses in advance that it missing.
16:29 PM, 2nd August 2015, About 8 years ago
Reply to the comment left by "zoe " at "31/07/2015 - 01:00":
HB payments to me have always been for 4-weeks even when payment delayed for bank holidays.
13:44 PM, 13th August 2015, About 8 years ago
Many thanks for all your comments, I am sorry I have not replied but have been very ill over the last few weeks so have not been able to reply to your kind comments. I am now better and looking at my emails now!
I can now update everyone. We are currently still recieving the rent with the shortfall each month. We are in talks with the letting agent, who has been acting for us for over 8 years with this property. They are small independently owned company. He has been chasing the tenant for the outstanding amount and have given the tenant the "extra per month" that she needs to pay in order for her to clear the arrears and to pay the original amount but so far is not getting very far.
My main current issue with the agent is that I brought up the fact that I didn't think we were getting enough rent from the tenant after the first few months in a phone call and his reply was that there was a time decrepancy and that it would sort itself out after a while. The fact that it hasn't has now caused the large debt to build up. Do I have any recourse with the agent as he has not fulfilled his role, can I claim the money from his him as he hasn't done his job properly?
13:47 PM, 13th August 2015, About 8 years ago
Reply to the comment left by "Bill Williams" at "30/07/2015 - 09:36":
No we are not sure and our initial contact with the council has not been very effective as they will not give out information on a client as we are not the letting agent!