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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- 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
10:53 AM, 19th July 2021, About 2 years ago
I feel your pain. By the time the payment is late you’re already out of pocket.
10:57 AM, 19th July 2021, About 2 years ago
"I remind them they agreed to pay me directly from the start" Do you have some sort of written agreement with the DWP agreeing to pay you direct any amount of UCHE that the tenant is entitled to? Would this hold up as a contract?
I've never known the DWP to agree anything like this prior to a tenancy commencing, there is usually just a right TO REQUEST direct payments (what the UC call a "managed payment" or "alternative payment arrangement"), if particular circumstances exist, e.g. 2+ months rent arrears. The request is made via the UC47 form (now via an online application), but these are often ignored or refused (with no definite reasons given).
If UC team are ignoring the UC47 then next step is perhaps to make a formal complaint tot he district manager, and when this is ignored, you may be able to proceed with a complaint to ICE. Ask Mick Roberts for advice on this, he has gone through this process several times and has cases lodged with ICE at the moment. (However, expect to wait around 2 YEARS for ICE to deal with your complaint).
If you have a rent guarantor for the tenant, it may be far quicker and easier to claim from them.
11:15 AM, 19th July 2021, About 2 years ago
Perhaps you should also ask them whether they have a deliberate policy of not notifying landlord of such requests - maybe this policy is in expectation of tenant sometimes being lazy or incapacitated, and therefore with a view to getting payments delayed and/or not made?
Also, in the light of this experience, how can they justify expecting you (and people who read about this case) EVER to take on tenants who are in receipt of UC?
I know one should not discriminate, but officials like these would appear to be forcing such discrimination to occur!
11:30 AM, 19th July 2021, About 2 years ago
and then they have the cheek to question why most landlords don't take on housing benefit tenants.
Most importantly, if they do award any tenant any housing benefit , whether or not the tenant was entitled to receive that payment, i.e. through changes in circumstances, which the tenant did not report, then the losses should be theirs and not ours, that is why many landlords are reluctant to take on any HB tenants.
Perhaps Shelter can force Government to change in their policy on clawback so that more HB tenants can find private rented accommodation more easily without fear of landlords having to pay back any rent that the tenant was not entitled to. .
7:08 AM, 20th July 2021, About 2 years ago
UC generally ask tenant for copy of tenancy as rent proof which I've got the hierarchy to admit a 20 year old tenancy showing peanuts rent prove's nothing, yet they still asking tenant for it. And they should be asking Landlord, he's the only one that will tell u the truth.
They are disgusting & what u say is what we have been having over the last 4 years. Someone please send this Shelter. They are proper thick aren't they wondering why the tenant doesn't do it. The fail safe is Ask the Landlord just as HB has learn't over 25+ years.
And yes, I get sick of requesting for backdating, when UC can clearly see it is their mistakes that has resulted in not being paid.
Always start a complaint, not that it's doing any good at the moment, but one day the tide may turn.
Bill Irvine of https://universalcreditadvice.com/ knows the process, but ,most of it has to come from the tenant AAAAAHhhhhhhh.......
Ha ha I see Rob has mentioned me, here is my latest dealings with ICE below.
Ron H & Mike says it all.
Here's another I've had this week, if people want to tell Shelter, MP's, Govt, why we not taking Benefit tenants on.
When u get no rent in or problem, u complain to DWP who we know don't reply, even though at last count, they was spending £200,000 pm on Complaints.
When they don't reply u go to Independant Case Examiner whose address ends with DWP.gov.uk by the way. No conflict of interest there is there.
ICE say we can't answer your complaint Mick as we need DWP to reply first. How stupid is that? However, we have out get our of Jail card, the Parliamentary and Health Service Ombudsman PHSO. They just under the GOVT or on top who knows, but they will resolve this debacle. And below is their reply which explains to u Benefit tenants why u cannot get accommodation any more.
U wait two years with no rent in for the complaint to get ICE & u get nothing at the end.
Thank you for your recent email and we are Sorry to hear you are still having difficulty in getting a response to your concerns from ICE to enable you to bring the matter to ourselves.
Unfortunately, we are unable to act until ICE have provided their response.
The best and most effective way to affect change within the DWP may be to ask that your MP raise the matter.
We are sorry we are unable to assist you at this time and hope you get a response from ICE which resolves your concerns, if not we would be happy to progress your Complaint once you have received the response from ICE.
Parliamentary and Health Service Ombudsman
T: 0345 015 4033
7:12 AM, 20th July 2021, About 2 years ago
This is/was the UC complaints process up to a few months ago. A lot of us are giving up though as UC just aren't replying, as they know:
No reply, no investigation.
These are words from Bill Irvine of https://universalcreditadvice.com/ who knows UC inside out:
Nowadays, we try and make the 1st Stage Complaint via the online complaints system https://makeacomplaint.dwp.gov.uk/ which usually produces a quick acknowledgement if not response. Where we already know the tenant's Work Coach or Case Manager we will write to them instead. Dealing with staff close to the everyday action can often produce a quick & positive result.
The COVID crisis has forced DWP to redeploy staff from everyday duties, like "complaints & resolutions" to claim processing, so timescales for responses may vary significantly. If the case is really urgent, escalate straight to the 2nd stage email (email@example.com) and ask them to forward,as a matter of urgency to appropriate manager.
8:32 AM, 20th July 2021, About 2 years ago
Yes, you could pursue with ICE but only after you’ve completed DWP’s two stage complaints process, evidenced with stage 2 outcome letter.
Your case is different to most I deal with, where payment of the HCE is repeatedly received and misused by delinquent tenants. ICE’s view of this is, the landlord is NOT entitled to compensation even where it concludes DWP has been guilty of maladministration.
In your case, it appears the HCE has been “suspended” due to DWP asking for verification and insisting this must be provided by the tenants. This insistence is misplaced as both the UC regulations and guidance permits contact with the landlord to secure this. Councils do the same when administering Housing Benefit.
So, having provided the TA to the Partnership Manager, DWP has all the verification they need to “revise” the decision to suspend and reinstate the HCE.
Councils and Housing Associations have access to a UC portal and can now verify, for example, annual rent increases, when their tenant fails to do so. Consequently, there can be no justification refusing to accept your confirmation of the TA.
9:31 AM, 29th July 2021, About 2 years ago
Reply to the comment left by Bill irvine at 20/07/2021 - 08:32
Thanks Bill. I will ping another email off to the Partnership Manager in light of your comments as I have since had an email stating that they are now passing to the backdating department.
Is there any caveats they can put on the backdate now even though it is a simple case of tenant showing the TA? Are they obliged to pay out the whole lot of rent arrears in one payment or are they going to in some way argue that it has to be paid in instalments? The rent is exactly the LHA, so I have had nothing for three months at all.
10:16 AM, 29th July 2021, About 2 years ago
"Backdating" is a term used in new claims where the claimant requests payment prior to the date of their actual claim. In your case, that's not relevant.
Your tenant is already receiving UC but missing his "housing costs element" because he failed to validate this. Normally DWP will give the tenant up to 1 month to supply the information and if they don't payment is withheld. If the tenant can justify not providing the requested information timeously, DWP should pay going back to the date it was withheld or suspended. If the Decision Maker refuses to do that it's your tenant who must challenge this. Unlike Housing Benefit, landlords don't have any appeal rights in this situation.
Assuming the Decision Maker agrees to make the retrospective revision, any arrears due should be paid to you. If they don't pay you, then you should complain to ICE that your tenant's rent arrears and potential threat of eviction is partially caused by DWP failing to act on the information you forwarded (TA).
The situation you're experiencing is on the increase as DWP is now instructing its staff to review claims where evidence of the "housing costs" were not asked for because DWP was operating a policy of "Trust & Protect" as part of its COVID relaxations. T & P meant they simply accepted what tenants told them, including in cases of illegal sublets, where, in some cases, the legal tenant and their illegal sub-let tenant received payment of "housing costs" without any need for validation. How crazy is That?
Unsurprisingly, overpayments in 2020/21 increased to £6 BILLION representing 14% of what was being paid out. Shocking figures but DWP's Director General defended his department's decision by stating T & P was appropriate during COVID and those who perpetrated overpayments/fraud could expect a tap on the shoulder. They could have avoided much of this if they had just asked landlords to confirm their tenants' names, continued residence and rent charge.
So, look out from overpayment demands from DWP's Debt Recovery teams, because they've already started the process of reviewing & revising such claims. They're also pursuing the recipient of the HCE on the basis "they could reasonably have known an overpayment was occurring". Every one I've challenged on behalf of clients has been successful. I've just submitted 3 appeals on behalf of one client totalling £33K.
11:17 AM, 29th July 2021, About 2 years ago
Reply to the comment left by DSR at 29/07/2021 - 09:31DSR,
I don't want to be bearer of bad news, but I & my tenants have had all backdating requests declined so far. Even one where they can see their own phone records advised the tenant wrongly to not claim UC.
I may have had one get a bit but u wun't believe it, already in 2k arrears, I believe UC paid him the backdating.
I'm doing a Mandatory Reconsideration on one of them as advised by Bill.