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:
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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
Mark Alexander - Founder of Property118
8:48 AM, 26th February 2014, About 9 years ago
It seems like you've got caught by quite a sophisticated criminal gang. I know FCC Paragon very well and if they referenced the client and were prepared to underwrite the rental warranty and legal expenses insurance then they also accepted the risks. It's not often something like this get's past them. I think it's fair to say they've put their money where their mouths are in terms of underwriting many of the risks associated with bad payers and gaining possession of the property. How is your claim going with them?
Given the circumstances I think you'd also be hard pressed to claim that the letting agent has been negligent. They used a well respected tenant referencing company which went on to provide a rental warranty.
Does your landlords insurance cover the damage risks? The reason I ask is that I know a lot of policies exclude malicious damage caused by tenants and also cannabis farms.
I feel your pain and I really do wish you well but I think you have been VERY unlucky. I wish I had something positive to suggest and will be interested to read what others have to say. But for the grace of God ...... and all that.
9:19 AM, 26th February 2014, About 9 years ago
Tenant referencing standards need a big shake-up. I had a tenant moved into a property of mine just before Christmas in 2012. The agent, a large multi-county agency told me that the tenant had recently sold a property and needed somewhere to live while they found a property to buy. This was clearly not the case, as right from the start of the tenancy, the rent payments became erratic and then missed altogether. I finally got the tenant out via a Section 21 notice. Recovering outstanding rent has been more difficult. The tenant left with no forwarding address, and judging by the continuing letters from utilities and an open bailiff's notice re the council tax, the tenant had told no-one else of their new address. I did manage to find it, but the Small Claims Court action has had no direct effect.
My point is that when I asked the agent if they had verified the claim that the tenant had sold their previous property, hence no previous landlord's reference, the agent replied that they had not verified that. Surely that would have been easy to do, and the agent surely bears some responsibility for not having carried out that check?
My tenant clearly practices this art of deception regularly, and I would like to enter the tenant's details on some sort of bad tenant's register. Does such a register exist?
11:01 AM, 26th February 2014, About 9 years ago
Of course a letting agent and/or a referencing company have a duty of care to the landlord to properly reference the tenant - not only a duty of care, but also a contractual obligation to be thorough between all parties.
This is why "Lifestyle Referencing" tenants at LandlordReferencing.co.uk is becoming so popular.
This case definitely highlights the fact that the traditional methods of tenant referencing e.g. credit referencing - are not the be-all and end all these days, what with landlords (more often than not) not bothering to go to court.
Furthermore, a Credit Report cannot tell you how that tenant has behaved in their previous tenancies - whereas a "Lifestyle Reference" can and does - as long as that tenant has been uploaded by their previous landlord onto our system.
It is important to remember that LRS is not a "blacklist", and can help good tenants who have experienced bad/poor or no credit in the past obtain decent homes via their landlord registering their exceptional payment history / behaviour onto our database as well - and the fact that they have a "high risk" credit score does not mean they will be turned away from housing that they deserve.
11:31 AM, 26th February 2014, About 9 years ago
The whole issue here is whether or not the referencing company actually did what was demanded of them. They can only go by the data that is presented to them and verify that data. If they do that then they have no liability, or a very limited one if at all. If they do not i.e. they do not do all the checks they should or do not do them thoroughly enough, they they can be liable.
I dealt with a case several years ago where a very reputable and experienced referencing company was fooled byy a fraudster who has set a honey trap for her employer so he had given her a fals reference. She had also submitted very good forgeries of BT or utility bills as part of ID that would have fooled anyone.
When you deal with a well organised, experienced and clever fraudster it is very difficult to identify them before it is too late. In my case the lady bred dogs at the property and made a real mess of it and Landlord tried to pursue my client for £15K in the end they settled for £4K from the referencing company whoi at the end through their insurer had to carry the can.
12:04 PM, 26th February 2014, About 9 years ago
Industry Observer, as you say “they can only go by the data that is presented to them” I agree, but the problem isr most of them choose to take in a little data as necessary to make it look like they have done their job.
Unfortunately many letting agents do not reference to get landlords the best tenant they reference to make sure they cannot be blamed if the tenant turns bad and that can be as little as emailing the references that are given by the tenant and those references can be anyone and a simple single address credit reference. If you do not lifestyle reference in this day and age and the previous landlord never took the tenant to court you will take on someone else’s bad tenant it is as simple as that.
12:10 PM, 26th February 2014, About 9 years ago
I agree so I suggest you change your referencing company I'll give you the name of the one my old company used if you like - email me via Mark.
We even had input into the form used by our company. But good or bad it is one of the massive advantages of a LL using an agent - if it all goes wrong and it turns out the company was at fault then they compensate.
I had another case about 25 years ago where a major national referencer fell down on the job not checking previous addresses etc properly. Landlord was a policeman who used, illegally in my view, police data to do further searches on the delinquent tenant who was a bad 'un. LL went to Court sued us, referencing company paid £1500.
Judge sympathised, said LL shouldn't have used sources he did but evidence was evidence!!
12:11 PM, 26th February 2014, About 9 years ago
What's the difference between "lifestyle referencing" and asking for reference from previous landlord(s)?
12:24 PM, 26th February 2014, About 9 years ago
From the Agents perspective
I also feel your pain, as it has happened to me over a shop premises and after 2 years fighting the insurance company (based on if we had or had not done inspections and the manner in which we recorded them) I gave up!
The agent does of course have a duty of care and in your case, as Mark has highlighted, they seem to have fulfilled that duty by referencing the tenant and putting in place the guarantee. I have always and still do teach our teams that, as I see it, we are instructed by our LL clients to “get the place occupied” and not to keep it empty? But in doing this we must carry out our due diligence checks to make sure and this is the rub, “as best we can” that we are dealing with an honest application? Now of course we are not naive enough to believe that is always the case, but nor are we detectives, we can only carry out so much research into the backgrounds of applications and in your case it seems both the major players in this area of expertise have been used “Paragon and Equifax”.
When we are instructed to do “full management” we carry out quite a thorough hand over procedure, which includes photographs and written inventory, which is followed up by a property inspection 6 weeks after hand over. This appointment is made at the point of signing the agreements, now that may not have prevented this happening in your case, or in any case, because these people are criminals and convincing, but the tenant applicant may have thought twice about taking your property, or any property if they knew that the agent was calling in a few weeks?
Finally, this landlord and agent business is not one for the faint hearted, it is not just a case of buying a property, getting a tenant and collecting the rents. It is now much more complicated and challenging than that and as I say, none of us, when dealing with people can be absolutely sure in all we are told, but then the more professional involvement and experience employed for the sake of a small commission might make a huge difference. In the meantime make sure your visiting records are spot on.
Good Luck Don Holmes
13:54 PM, 26th February 2014, About 9 years ago
Reply to the comment left by "Romain " at "26/02/2014 - 12:11":
=> What’s the difference between “lifestyle referencing” and asking for reference from previous landlord(s)?
None, if the person tells you about all past landlords, and does not try to create a fake landlord by giving out a friends phone number etc. However if someone is trying to hide their past actions, will they tell you the truth when you ask them for details of past landlords?
Also how often do agents check on the land register that the claim past landlords, does own the property that the credit check shows the tenant was living in at the time?
13:59 PM, 26th February 2014, About 9 years ago
Do you visit the applicant in their current home as part of your checks?
How do you check that past landlords and employer details the applicant gives is not just a friend answering the phone?