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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||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:
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||Helps to understand how their visitors engage with our website
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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
10:49 AM, 21st December 2020, About 2 years ago
Reluctant landlord, if the solids hit the air-conditioning you will get covered in s**t. Unless you have personal guarantees and indemnities from a director of the company (and he/she is a person of substance) I would advise any property owner against R2R. Issues about contracting out of the 1954 Act fade into insignificance compared to the risks you run.
One of the biggest is that if the R2R company operates an HMO and fails to get licensed the tenants can seek a Rent Repayment Order from you. So you might have received say £1250 rent a month (£15,000 a year). The R2R company receives say £35,000 from its tenants, spends £10,000 on overheads and pockets £10,000. If it fails to get licensed, the tenants could seek rent repayment orders for up to £35,000 from you. You in turn might have a claim against the R2R company. However you are likely to find that the company that guaranteed you peace of mind for 5 years has no net assets and the directors wind it up and walk away, perhaps not paying you the last month or two of your £1250.
On the subject of deposits, you do not need to protect the deposit you received from the company.
It is possible to cover all relevant matters in a contract but it will not be worth the paper it is written on if the company is a £100 newly-formed SPV and you don't have a well-drafted guarantee and indemnity from someone of substance.
11:05 AM, 21st December 2020, About 2 years ago
You need to be REALLY careful with rent to rent. It can be good but it can all go horribly wrong and you may have no come back at all. Watch the video with David Smith here where he explains why: https://landlordlaw.co.uk/member_video/david-smiths-talk-on-rent-to-rent-arrangements/
We ran a Rent to Rent training day last month (in association with JMW solicitors) which has been turned into an online course: https://landlordlaw.co.uk/landlord-law-2020-rent-to-rent-day/ Note that there is also a 'pay extra' tenancy agreement that you can buy if you sign up. If you are thinking of doing rent to rent we recommend you take this course first as it will explain the real facts to you and give guidance on how to avoid the pitfalls.
11:56 AM, 21st December 2020, About 2 years ago
Reply to the comment left by Tessa Shepperson at 21/12/2020 - 11:05Tessa, David Smith says the key issue is having a good agreement so that the parties know what their rights and responsibilities are. I agree that it is a key issue but my issue about who you are dealing with is fundamental. I receive numerous letters every month offering to manage my HMOs. Sometimes it is obvious that the writers have been on the same course as the template letters are identical.
Without fail, the prospective R2R merchants use an SPV, usually formed in the past year, which has no assets and no filed accounts. They also, without fail, tell me what a difficult job it is to manage an HMO and how they will "guarantee" me five years of uninterrupted income and no stress. What they never mention is that they have years of experience, are licensed landlords in my area and that they can provide references from satisfied property owners. I would hazard a guess that they don't and can't.
In light of the Goldsbrough & Anor v CA Property Management Ltd & Ors case, the risk of a Rent Repayment Order against the property owner is massive. No matter how good the R2R contract is (and I am sure David's is a good document) the over-arching problem is that if you contract with a man/company of straw you are likely to end up in trouble.
12:05 PM, 21st December 2020, About 2 years ago
Reply to the comment left by Ian Narbeth at 21/12/2020 - 10:49
Ian - the provider is listed as a registered provider and therefore exempt from requiring official HMO licence as far as I can see from a list just sent to my by the Council.
I still don't understand why it is nigh on impossible to due proper due diligence on such providers. There is very little info on them, no understanding if they have to abide by any specific code of conduct (like an Managing Company would have to be under) and therefore what you do if there is a complaint about them, and more worryingly the Council wont say if they find them good bad or indifferent even if they admit they use them!
As far as I can se there is neither a place where I can go to see if other LL's use them and again ask for feedback. Disconcerting to say the least.
12:25 PM, 21st December 2020, About 2 years ago
Reply to the comment left by Ian Narbeth at 21/12/2020 - 11:56
Absolutely. I couldn't agree more.
The course we offer is about warning landlords what the pitfalls are. We don't really recommend doing 'rent to rent' but if people want to do it, or are stuck in rent to rent arrangments with issues, the course will be able to help.
We decided to run it so there was at least some training out there which told the real facts and did not encourage people to enter into unsuitable arrangements.
David drafted up the agreement as it is really hard to find a decent rent to rent agreement - apparently, most people just adapt AST agreements which as you will know are totally unsuitable. A bespoke agreement will cost in the region of £1,000-£2,000 whereas landlords can get this agreement and the course for £420.
Checking out the 'rent to rent' tenant is extremely important I agree, but so is the agreement. For example, I understand that some Local Authority rent to rent agreements (which some people would assume are OK) provide that landlords cannot end the tenancy while there are sub-tenants in occupation.
12:36 PM, 21st December 2020, About 2 years ago
Reply to the comment left by WP at 21/12/2020 - 12:05
WP, are you Reluctant Landlord? The original post did not mention that the company is "listed as a registered provider" which would have been useful information. However, if you are dealing with a registered provider, the person of straw problem should be less.
You can always ask for references and to see one or more of the other houses that the company operates.
12:50 PM, 21st December 2020, About 2 years ago
Reply to the comment left by Ian Narbeth at 21/12/2020 - 12:36
Yes I am the same person - sorry for confusion! My head is getting a battering this morning. I'm getting very sceptical about the Company that I contacted who wants to take on my property on a R2R basis now. I have just wanted the presentation that Tessa recommended by David Smith (amazing) thanks you for posting. Am going to fire off a lot of questions to them now see how they respond.
12:58 PM, 21st December 2020, About 2 years ago
Reply to the comment left by RL at 21/12/2020 - 12:50
Hi WP or shall I call you RL? It's getting confusing for the rest of us!
As I have said no matter what your contract says and (I would add) no matter what brilliant answers you get to your due diligence questions, if the company fails to perform you have a problem if it has no substance.
Why don't you employ a reputable agent to fully manage the property for you?
14:33 PM, 21st December 2020, About 2 years ago
Reply to the comment left by Ian Narbeth at 21/12/2020 - 12:58
I've updated my listing details to RL/Reluctant landlord to stop any further confusion.
16:21 PM, 21st December 2020, About 2 years ago
If you mean a Registered Social Landlord, then I would be even more careful if I were you. Search the forums for reports from other landlords about RLSs and Council reneging on promises to make good damage to property etc.