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:
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||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.
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- 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
7:28 AM, 8th February 2012, About 11 years ago
You are right in one respect Mark, Premium Tenancies are a myth – in name, that’s why they will be hard to find on Google, they don’t exist but the principle does.
The rule being if a landlord takes 2 months money as a deposit it counts as a ‘Premium’ and sub-letting becomes lawful but as usual with law it isn’t as clear cut as that.
Schedule 2 of the Housing Act 1985 defines a Premium as “Any fine or other like sum OR any other pecuniary consideration in addition to rent”. It’s the last bit that is relevant here. This Act relates solely to council tenancies in which they are illegal if found to have exchanged hands, for instance in mutual exchanges but the definition is sound. Premiums are what used to be called ‘Key money’ in the old days.
It was a bit of an obscure thing for many years until deposit protection came in and many landlords decided to take money and not call it a deposit, running the risk of possibly falling foul of the rule. There was much hoo haw in the lower courts for 3 years before the Tiensia and Gladehurst cases put paid to deposit protection (until April) and in one case that I cant remember the name of off the top of my head, a judge deemed that any monies taken that were more than 1 month as deposit must clearly be seen as something other than deposit.
This was only one county court judge but he was obviously mindful of the Premium rule and that he felt the landlord was not calling it a deposit in order to avoid having to protect it. But many letting agents in London now commonly charge 6 week’s rent as a deposit, securing the money but keeping it under the Premium limit.
However Section 115 of the Housing Act 1988 which is where the law on this is talks only of Premiums creating a right to sub-let where there is a ‘Contractual Periodic tenancy’ in place and these are quite rare.
Some take the view that the Premium idea applies to long leases too but my jury is out on that one.
My own view is that there is only a tiny chance of being caught up in this. I have never seen a Contractual Periodic Tenancy in 21 years of doing housing law. Also, in 21 years I have never seen a Section 51 notice (needed to raise rent on Protected tenancies) and only a couple of Section 13 notices (Raising rent on statutory periodic tenancies). The fact that something can be done in law doesn’t mean people are falling over themselves to do it, but it also doenst mean that they cant and you do get forgotten or largely unknown pieces of law that suddenly jump up.
I remember a few years back it became fashionable for lawyers to defend possession proceedings on the basis of Stamp Duty not being paid on rents over a certain amount under the Stamp Act of 1891. Some judges went with it and others poo-poed it.
8:56 AM, 8th February 2012, About 11 years ago
I wrote an article relating to the issue of taking rent up front last year and can be found here http://www.pierceandco.co.uk/Press-Room/Entry/everything-else/2011/10/20/6-months-up-front-yes-please.html - You be interested in that
Mark Alexander - Founder of Property118
9:33 AM, 8th February 2012, About 11 years ago
That's a great article and you have both Mary Latham and Madelena Penny commenting on them too, both of whom I have a great deal of respect for.
I saw the article a while ago and re-visited it as part of my research for this article.
I know there is something in this "Premium Tenancy" thing, otherwise people like Mary and Madelena wouldn't be talking about it. However, as Ben Reeve-Lewis has pointed out, in law, the phrase "Premium Tenancy" does not appear to exist. It is a phrase which seems to have been invented by landlords to label or describe an issue or set of circumstances which they have been affected by. What I am attempting to achieve with this article is to create a reference point where landlords can discuss the issues cased by inadvertently creating Premium Tenancies. Ideally we will get examples which have been tested in law and where case law can be specifically cited. That way, this article could become a reference piece for many.
It's less than 12 hours since I published the article and Google has already picked it up and placed it number 3 in page one of their search results for the phrase "Premium tenancies". Once we get lots of traffic flowing to this article when it appears in our Newsletter and people start linking to it as a reference document I have no doubt that with the SEO we've embedded it will rank ~1 page 1 in search engines for phrases such as "Premium Tenancy", "Premium Tenancies" etc.
You have a great website and I really enjoy reading your blogs by the way. I also comment on them from time to time as you know 🙂
9:41 AM, 8th February 2012, About 11 years ago
@iamalandlord:disqus - You have a great website and I really enjoy reading your blogs by the
way. I also comment on them from time to time as you know 🙂
9:51 AM, 8th February 2012, About 11 years ago
As Ben has said the term "premium tenancy" does not exist in law (I stand to be corrected on that of course) but neither does the offence of "being mugged". This is a slang term for robbery, a bit like having your house robbed, you can't have your house robbed but you can have it burgled - in law.
My point is that I think the term premium tenancy is a "layman's term" to describe a situation where the tenant suddenly has some more rights or obligations by acts or omissions carried out by the landlord. I would be interested to hear what @Tessashepperton:disqus has to say on the subject, given I have an enormous amount of respect for her given her contributions in the world of landlord/tenant law 🙂
Tessa, you about young lady?
10:19 AM, 8th February 2012, About 11 years ago
This is the post I wrote a year or so ago on the quesiton of premiums and deposits http://www.landlordlawblog.co.uk/2010/06/28/why-can%E2%80%99t-tenancy-deposits-be-for-more-than-two-months-rent/
As I say in the article, there is not a lot of information about. Mark, if you want to send me a set of say five, specific questions I will take it as a challenge and do a Landlord Law blog post trying to answer them (although I can't promise definitive answers).
Mark Alexander - Founder of Property118
10:22 AM, 8th February 2012, About 11 years ago
Thank you Tessa, a great starting place would be the examples I've provided in this article.
10:24 AM, 8th February 2012, About 11 years ago
If you could put them in the form of a list please. Five questions.Either on here or email them to me.
Mark Alexander - Founder of Property118
17:30 PM, 8th February 2012, About 11 years ago
Hi Tessa, Mark from Pierce and Co. is compiling a set of questions and hopes to post them here later this evening. Please post summary answers here to facilitate discussion and I will then link back to your blog as the discussion progresses.
8:33 AM, 9th February 2012, About 11 years ago
Here are the questions which I was emailed by Mark on this topic, and which I have now answered in fuller detail on my blog:Q1: What is a premium tenancy?
A: It is not a proper legal term, but in this context can be taken to be a tenancy where the tenant has obtained extra rights regarding assignment (per s15 of the Housing Act 1988) because a premium or 'fine' has been taken by the landlord.
I go into quite a lot of detail in my blog post here http://www.landlordlawblog.co.uk/2012/02/09/five-premium-tenancy-questions-answered/
Q2: If a tenant pays six months’ rent up front has a Premium Tenancy been created?
A: Probably not. Unless rent paid in advance is deemed to be a deposit. I don't think it will.
Q3: What if a guarantor is prepared to pay a larger deposit to encourage a landlord to provide a home to a prospective tenant whom they would otherwise decline?
A: If the sum paid is more than 1/6 of the annual rent (when it will count as a premium) then yes. The fact that it has been paid by someone other than the tenant will not change this.
Q4: What if a tenant wants to pay rent in advance?
Thats fine. Rent is not a premium (subject to Q2).
Q5: If a landlord takes a deposit that equates to over 7 weeks rent does this make a premium tenancy?
A: It depends. It will only be a problem if the amount of the deposit is over 1/6 of the rent, when it will count as a premium.
Generally - if you make sure that your deposits are NEVER over 8 weeks worth of rent or ALWAYS under two months, and do not take any other payments apart from rent, then you will not normally be at risk of creating an accidental premium tenancy.