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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||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
14:13 PM, 3rd June 2016, About 7 years ago
I used to be a MLRO (Money Laundering Reporting Officer) for Mark's previous company.
For Proof of ID purposes I would have said that if your Brother sees the original documents and takes a photocopy and signs them as originals seen that is perfectly acceptable for Money Laundering checks. Especially Money Laundering offenses such as tipping of are criminal and carry jail sentences up to 7 years.
Although I am not as up to speed on the Right to Rent requirements.
Here is the .Gov summary guidance for Landlords on Right to Rent checks >> https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/370559/guidance_0_summary_checklist.pdf
14:45 PM, 3rd June 2016, About 7 years ago
A referencing agency will do I.D verification for a few extra quid. The landlord does not actually have to meet the tenant, as long as the I.D is properly verified. Try http://www.rentshielddirect.com
15:34 PM, 3rd June 2016, About 7 years ago
I believe the easiest way around this for the prospective tenants to call into a letting agent near them, and for the agent to carry out the right to rent check. However, I don't know how much an agency would charge for this and whether they would be happy to simply do that without carrying out the referencing etc.
You could do a video call with the prospective tenants, so you could see what they look like, then have them post you their original ID documents, but this isn't strictly adhering to the act as it reads at present, and the tenants might understandably be reluctant to send such documents in the post.
As many landlords who let to students arrange lettings while the prospective tenant is overseas, I believe the standard workaround is much as I've suggested above - video call then they send the landlord copies of the documents, then the landlord or an agent checks the originals in front of the tenant as soon as possible after they arrive the UK, assuming they're happy with what they've seen from the copies. However, these are often people who are letting under a licence, or at least a contractual tenancy, not a full AST, so the agreement can be more easily revoked if the tenant fails the right to rent check.
If you do decide to delegate the right to rent check to someone else, ensure you get their agreement in writing (email would do) making it clear that they are liable should the right to rent check fail but a tenancy is still granted.
If you need further help, the Home Office has set up special landlord's helpline on 0300 069 9799.
15:44 PM, 3rd June 2016, About 7 years ago
Reply to the comment left by "Mandy Thomson" at "03/06/2016 - 15:34":
I meant to add that as the letting agent would be in Scotland, you're likely to have even more trouble finding one to do a right to rent check, as right to rent doesn't apply there yet.
Having said that, the check itself is extremely easy, using a step by step guide to the different documents, assuming it's not a standard British citizen's passport.
19:03 PM, 3rd June 2016, About 7 years ago
You could ask for a copy of their passports certified by a solicitor. A solicitor will want to see each person face to face so, in my view, the will satisfy the legal requirement to check that the photograph matches the prospective tenant.
11:07 AM, 4th June 2016, About 7 years ago
Reply to the comment left by "Romain Garcin" at "03/06/2016 - 19:03":
In practice, that makes perfect sense. However, although I can't find the actual wording in the Act itself, everywhere makes it clear that the Act only allows for face to face checks (though I believe they are re-thinking this for the next act that will update this).
I attended a right to rent course with the NLA, and one of the delegates was a manager at a housing association. She suggested using certified copies, but the instructor shook her head and said no, the wording is quite specific - it must be an original and it must be checked face to face (although a "provisional" check can be made via video call and copies provided it's followed up the real thing).
Yet another example of landlords being trapped by badly worded and ill considered legislation!
22:58 PM, 4th June 2016, About 7 years ago
Reply to the comment left by "Mandy Thomson" at "04/06/2016 - 11:07":
Actually the relevant Statutory Instrument (where what should be checked is defined) does not say anything about face to face meetings (unless I missed it).
What it says is:
"if a document contains a photograph, satisfy themselves that the photograph is of the occupier or prospective occupier;"
I believe that face to face meetings or video calls are advised in the official code of practice as a way to meet this requirement.
It should be noted that these checks are not legally required at all. It is 'just' that if you do not carry them out and end up letting a someone who hasn't a 'right to rent' you are done for.
20:38 PM, 5th June 2016, About 7 years ago
The Code of Practice says: 'Landlords must check the validity of the documents in the presence of the holder. This can be a physical presence in person or via a live video link, although in either case the landlord must be in possession of the original documents.' The Immigration Act 2014 makes it clear that the Home Office will have regard to the code of practice for determining whether the prescribed requirements have been complied with - including the requirement to have taken all 'reasonable' steps to check the validity of a document. The Code of Practice is explicit in saying that the checks must be carried out in person with the landlord or their agent.
You can delegate responsibility for the right to rent check to an agent - http://www.right2rent.co.uk/landlords provides an agency service to carry out the document checks.
22:35 PM, 5th June 2016, About 7 years ago
Reply to the comment left by "graham chambers" at "05/06/2016 - 20:38":
Yes, as said, the code of practice states that the check must be carried out face to face. However this isn't a legal requirement.
It you follow the code of practice you are probably sure not to fall foul of the law, or at least sure not to get into trouble with the Home Office.
However, if you do not strictly follow it it does not imply that you are breaking the law. It means that you may have to argue your case and thus that you may fail, hence you incur an element of risk.
Personally I cannot see how asking a solicitor to do this verification is any different from asking an agent. Whilst this will not delegate liability this should IMHO meet the legal requirement I quoted in my previous post.
But it is for each landlord to assess the risk, taking into account that this will only matter if the tenant turns out not to have a 'right to rent'.