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
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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
Dr Rosalind Beck
15:28 PM, 5th February 2015, About 8 years ago
It sounds like you had a fair amount of hassle, but frankly if I were you I would have moved out and into a better property with a better landlord. You might have only had to give 1 month's notice (depending on your contract). Even if you were tied in it would have been tricky for the landlord to enforce it if you said there had been no heating or hot water. There's no way I would go down the legal route. I don't know how much money you're hoping to gain for something that happened some time ago but I don't see what monetary value would be put on this. Of course if you are getting free legal aid you might think it's worth pursuing as you will not be footing the bill. I definitely wouldn't consider it if you are paying for the legal process.
15:55 PM, 5th February 2015, About 8 years ago
Sorry this has happened to you - as a landlord myself, I really can't understand how any landlord could carry on like this, unless they were really strapped for cash with no means of raising the money, in which case, they really should be looking to sell their rental property, or at least stop letting it out... There was a time last year when I was very short of money, but I borrowed from a family member to cover an unexpected repair, that I had fixed the same day!
Although the agent wouldn't have been subject to the redress scheme at the time you took out the contract, they would still have been subject to consumer protection legislation, just like anyone else providing a service or goods. Having said that, they would still only be responsible under the contract for promptly informing the landlord about the repair, then subcontracting someone to do it with the landlord's permission, and/or pre-agreeing with the landlord that they were authorised to carry out maintenance work under a certain value (usually around £500). A heating engineer callout would fall under this category (assuming that was the arrangement with the landlord) but a replacement boiler would not.
If the section 21 you received was only signed by the letting agents, and not the landlord, you may also be able to argue that it was invalid: http://www.legislation.gov.uk/ukpga/1985/70/section/17
Also, if the landlord didn't sign it, is he/she fully aware of what's been going on? I suspect they ARE fully aware, but it might be worth approaching them - if the letting agent was ripping you off, they will most likely have done the same to the landlord.
If, after checking the contract, you find that the agents didn't carry out their obligations, you would still be covered under Consumer Protection legislation and could take them to the small claims court, provided you have evidence (which you say you have in the form of texts).
Very best of luck with this - please come back with any further questions and let us know how you get on.
16:10 PM, 5th February 2015, About 8 years ago
Reply to the comment left by "Mandy Thomson" at "05/02/2015 - 15:55":
Sorry, where I've stated, "If, after checking the contract, you find that the agents didn’t carry out their obligations, you would still be covered under Consumer Protection legislation and could take them to the small claims court, provided you have evidence (which you say you have in the form of texts)." Should read "the landlord would be covered under consumer protection legislation", as the agent's contract was with the landlord, not you and your contract was with the landlord, even where an agent was acting, so although the problems you had may be "nothing to do with them" it is, or should be, to do with any half decent landlord!
16:17 PM, 5th February 2015, About 8 years ago
Reply to the comment left by "Rosalind " at "05/02/2015 - 15:28":
Depending the amount of rent reimbursement or compensation she's seeking, she may be able to use the small claims procedure (which doesn't need a solicitor) or there are a few firms around who will act for tenants on a no win no fee basis: http://www.adviceguide.org.uk/wales/housing_w/housing_repairs_in_rented_housing_e/housing_disrepair_what_are_your_options_if_you_are_a_private_rented_tenant_e/taking_court_action_because_of_disrepair.htm
Steve From Leicester
16:37 PM, 5th February 2015, About 8 years ago
Its highly unlikely that you can claim anything from the agent, and highly unlikely that the agent has any sort of "duty of care" to you where maintenance is concerned.
Once you've moved in the agent is working for the landlord, not you. He is employed by the landlord and paid by the landlord. You may pay your rent to the agent, but the agent is merely collecting it on behalf of the landlord - you don't pay an extra "management" charge to the agent.
Its unlikely the agent is at fault anyway. Tenants regularly gripe that "the agent didn't fix things" but almost certainly its the landlord who won't authorise the work. Think about it. I'm an agent. I don't pay for repairs - that's the landlord's responsibility, so why on earth would I deliberately prevent work from being done?
Arguably you might have a claim against the landlord but it would be very difficult to prove that you'd suffered loss through the landlord's negligence many months later. I think you should just move on.
I'm not unsympathetic by the way and I certainly don't condone landlords who fail to carry out essential repairs, I'm just being pragmatic.
16:53 PM, 5th February 2015, About 8 years ago
Have you checked with the redress scheme that the letting agent are now registered with to see if you can bring a complaint to them? - even if they weren't registered with the redress scheme at the time?
It became a legal requirement that all letting agents become a member of a property redress scheme in October last year. It will be a potentially less expensive route and probably less stressful too?
16:57 PM, 5th February 2015, About 8 years ago
P.s. if you do look at court action, I would have thought taking action against the landlord is the way to go. The agents only work on the landlord's behalf. The landlord has to authorise repairs and authorise serving notice. If the landlord feels his agent has let him down or acted outside of their durestriction, he in turn can take his own action against them.
22:25 PM, 5th February 2015, About 8 years ago
Hi everyone thank you so much for your comments.
Mandy its nice to know there are good landlords out there. I will certainly let you know how it goes.
Paul thank you for your helpful comments. I did phone the redress scheme the other day and they said as it was a while ago its unlikely they would be able to help. But may try and phone again. You never know. Think they have a 6 month rule.
9:29 AM, 6th February 2015, About 8 years ago
Reply to the comment left by "maria packer" at "05/02/2015 - 22:25":
Thanks Maria! It is sometimes difficult to put right issues in properties, as sometimes it's not always clear what the cause is - typically, structural issues particularly with older properties, but it doesn't sound like that was the case here!
I can sympathise with the agent up to point - they were put in a very difficult position, knowing the repairs should be done (if only to comply with the law) but on the other hand, not being in a position to carry these out as the landlord wouldn't /couldn't pay for them, then as the landlord was their client, they had to save his/her face, so couldn't just tell you, "sorry, but the landlord won't give us permission to do it". Unfortunately, human nature being as it is, people get annoyed when put under this kind of pressure, hence their attitude when you chased them up...
Having said that, they should have at least treated you with courtesy (I had a lovely job once as a floor manager in a job centre, and I never lost my temper with a customer, despite daily challenges and provocations). I would put a review of your experience with these agents on http://www.allagents.co.uk/ (you can add them at the same time if they're not there already).
I would be interest to hear from any letting agents reading this, and I wonder if it would not have been possible to come to a financial arrangement with the landlord where he could have paid for the repairs by installment, with a reasonable amount of interest added to cover the agent for paying for the repair upfront?
Steve From Leicester
13:04 PM, 6th February 2015, About 8 years ago
Mandy - you asked for an agent's opinion so here it is:
Firstly (correct me if I'm wrong) but I don't think I could legally charge interest unless I've got a Consumer Credit Licence, so it would have to be interest free.
Secondly and more importantly I'm a letting agent not a bank. I don't have either the funds or the inclination to start paying for repairs to cash-strapped landlords properties.
I agree that the agent should have been polite and courteous to Maria as a matter of course, but its highly unlikely that the agent is to blame for the underlying problem, namely that essential repairs weren't being carried out.
I stress once again that I'm not unsympathetic, merely pointing out that the agent was probably stuck in the middle.
For what its worth a tenant tried taking us to court once. It was a different issue (the return of a deposit), but the same principle, that the tenant held us responsible when in reality we had to follow the landlord's directions. We were in front of the judge for less than 20 seconds - he said to the tenant "You can't take action against the agent you need to take action against the landlord". And that was it. Case dismissed.