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
Mark Alexander - Founder of Property118
8:52 AM, 9th February 2012, About 11 years ago
Thank you so much for this Tessa and also for acknowledging the source of the discussion at the beginning of your article on your Landlord Law blog.
Note to all reading this comment. Tessa is is one of a kind, a qualified Solicitor practising within the Law Society Code of Conduct and a true specialist in Landlord and Tenant Law. Tessa freely shares information as a guest columnist here and across several other websites engaging with landlords, tenants and lettings professionals. When you pop over to her website check out the Premium Services. They will save you a fortune and cost less to subscribe to than most people pay to watch TV. The services include Tenancy generation wizards, a legal advice forum, documentation and a huge wiki of pretty much everything you will ever need to know about property law.
I offer the above testimonial in good faith, their is no commercial relationship between me or Property118 and Tessa or Landlord Law.
9:50 AM, 9th February 2012, About 11 years ago
Thanks Mark, thats very sweet of you. And yes we are friendly but not commercially connected. We both try to serve the private rented sector in our different ways. Both of them important.
10:26 AM, 9th February 2012, About 11 years ago
As Ben Reeve Lewis points out - the statutory references to the premium only relate to;
Schedule 2 Housing Act 1985 (Council/Housing Association Tenancies)
Section 115 Housing Act 1988 (Contractual Periodic Tenancies - which in practice to not exist)
So, unless I'm missing something, they do not exist for private tenancies, even if you take more than 2 months rent.
12:05 PM, 9th February 2012, About 11 years ago
Is it worth the risk, as a tenant may get legal aid to try to prove they do exist.
Mark Alexander - Founder of Property118
12:24 PM, 9th February 2012, About 11 years ago
So am I reading this right that your opinion is that a tenants rights don't change in any way if they are renting on an AST from a private landlords regardless of how much rent or deposit is being paid to a landlord?
14:56 PM, 9th February 2012, About 11 years ago
Interesting discussion. I'm with Tessa on this, I can't find any subsequent amendments on this in the Housing Act. Most of the landlords in our network are foregoing deposits and just going for a couple of months rent in advance, but there has been a lot of expense due to damage and other sundries at the end of tenancies. I guess it's a judgement call on the landlord's part.
Mark Alexander - Founder of Property118
15:09 PM, 9th February 2012, About 11 years ago
Thanks for joining in Madelana. What's your view on 6 months rent in advance? Is your opinion that that would constitute a Premium Tenancy?
As we all know, Cannabis Farmers love to entice unsuspecting landlords with such offerings. However, I've also come across scenario's where landlords have let to a very genuine, fully referenced, squeeky clean Mr & Mrs Perfect who have paid 6 months rent up front and then allowed their employees to occupy the property. Ever come across that? If so, are the tenants allowed to do that in your opinion? Some would say yes because the 6 months up front rent constitues a premium. Tessa's research suggests otherwise to me.
I like the theory of no deposit and two months rent up front. However, is the second months rent seen as a deposit? My view is that it would be. If it wasn't that would save a lot of hassle and costs of protecting deposits and render the deposit protection legislation pointless.
16:06 PM, 9th February 2012, About 11 years ago
I am concerned that taking upfront rent instead of a deposit could be construed as trying to avoid Deposit Protection.
We have taken upfront rent payments but have also taken a deposit amount which is registered as the deposit, leaving the upfront rent payments in our client account to be released to the landlord as and when they become due.
We have taken larger deposit amounts at the request of our landlords where they have previously had their fingers burnt with poor quality tenants (not supplied by us I hastened to add). We did not see this as an issue as long as the tenant agreed as we understood that the Premium Tenancy/sub letting issue did not relate to ASTs.
We will continue to watch this discussion with great interest.
Dave, Top Management Letting Agents for Northamptonshire
19:13 PM, 9th February 2012, About 11 years ago
If you take a large sum as rent in advance, my view is that
this is not a deposit. The essence of a
deposit is that it is held a security and might be paid back. If a landlord takes six months rent in
advance (and the rent account shows the rent as paid for the following six
months) he is not going to give it back. So I don't see how this can be a
deposit. (The situation may be different if it is the agent who holds the money if they fail to pass it over to the landlord at once).
There have been cases where landlords have taken a payment
as rent but have not offset it against the rent account immediately, where it
has been held to be a deposit. For
example see this report on the Nearly Legal blog
But in that case it seems to be clear that if the landlord
had offset that money against the rent as soon as it had been received, it
would not have been deemed to be a deposit.
The problem with large up front rent payments is not, so far
as I can see, that they may turn out to be deposits, but that it may affect the
period of the statutory periodic tenancy that arises at the end of the fixed
I discuss these issues in my blog post here
19:52 PM, 9th February 2012, About 11 years ago
Thanks for a very informative topic. As has been mentioned, the way of avoiding the chance of creating a premium tenancy would be to take x months rent in advance. I think this just goes to show that even genuine and honest landlords acting in good faith, could come unstuck because of little known laws and small print.