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
11:30 AM, 10th June 2020, About 3 years ago
Did the tenant give you a deposit?
Did you protect the deposit and generate a deposit protection certificate and give that to the tenant? Did you also give the tenant the prescribed information pertaining to the dpc then and at any other point? It would have been available to download with the DPC wherever you protected the deposit.
Belt and braces is you re-sent the DPC & prescribed info on renewal and when the tenancy goes to statutory periodic.
As for which date, better minds will advise which of several you pick but perhaps add something to state the other times you served the documents. If you have evidence of sending it's fantastic but the tenant is unlikely to deny receiving I suspect.
13:52 PM, 10th June 2020, About 3 years ago
The date will be the date you served the prescribed information at the commencement of the original tenancy. If a tenancy is renewed or becomes periodic, prescribed information is not required to be served again unless there has been a significant change to the terms of the tenancy such as one of the tenants being removed, or a new tenant being added; the landlord has changed; the protection scheme used has changed; the property let has changed.
A rent increase doesn’t require the deposit to be returned and protected again. That is the advice given by the RLA & the DPS for their Custodial scheme; the Insurance scheme may be different.
14:36 PM, 10th June 2020, About 3 years ago
Yes I think I’ve figured out the whole form now (hallelujah !) so thank you for the above advice .
Yes Darren I have taken a belt and braces approach giving tentant info when tenancy renewed and went periodic.
Well okay I haven’t quite finished the form ! , still umming and ahhing about question 17 B (gas cert) they obviously want to see a copy of the gas certificate given to the tenant before she went into the property and then it gives you two other spaces to put further gas safety inspection certs that were carried out ‘during the period of the tenancy ‘ and I don’t know if just to do from the last renewal or when it went periodic or just to send them the whole seven years worth of gas certificates and re-draw the grid or add a covering note.
My tenant wants to be evicted so she’s not going to contest anything and I’ve done everything correctly so I feel this form is something I should be able to fill out without putting hand in pocket but at the same time I’ve become paranoid about getting something wrong.
13:32 PM, 11th June 2020, About 3 years ago
Yes it’s me I’m back !. Sorted Gas cert question (I’m just sending them the whole bloody lot ) and now I’m left with the very last question (please God). I’ve spoken with 2 of my friends who are both solicitors and they gave me different answers and I’ve also rang the NRLA helpline twice and got two different answers there as well (don’t know if to laugh or cry at this point).
So the questions are ( 18 B )
Has the defendant being given a copy of the then current document ‘how to rent: the checklist for renting in England‘?
So I’ve ticked YES. In fact I’ve given her 3 , first one in 2016 when she renewed her tenancy and this was the first time it was legally required to be given to the tenant .I then supplied her with another one on the date of the next renewal in 2018 and I also gave her one when the tenancy went periodic 2019 (each one was the then current version so all three are different) .
Then we go onto question 18 C and this is when the problem starts. It says ‘ when was the document provided ‘ and it allows you a box for only ONE date . they also want a photocopy of it as well . So which one (2016, 2018 or 2019) ?.
If anybody can help me with this I would be much obliged and I promise I will go away and you will never hear anything about this wretched document again !.
11:34 AM, 12th June 2020, About 3 years ago
I’m stuck on exactly the same question , there must be someone who knows the answer to this !. Unbelievable that there is no guidance notes for the form.
8:45 AM, 13th June 2020, About 3 years ago
This is what you get from an underfunded Justice and Courts system constantly chased to produce reams of forms do deal with ever-increasing demands from self-important legislators trying to get a gallon out of a half-pint pot. It is the natural consequence of unthought through cuts, cuts, cuts to the 'Justice' system that is now the laughing or is it weeping stock of the legal profession? It can't be much fun working for such an organisation that is for ever being told to 'slim down'?
And this is a Government that trumpeted it would recruoit 20,000 'more' policemen and women? Ignore that they would only be replacing the 20,000++ thrown away with all their training over the previous few years, most by that most useless of Ministers the Maybot?
They make you lose the will to live.
12:10 PM, 18th June 2020, About 3 years ago
Property 118 seems to be getting more and more cries of anguish from landlords who are trying to evict their tenants who want to be evicted so as to take advantage of the conditional offer of a Council House/Flat. The cost in time and money for the landlord seems to be potentially large.
Why are we doing this? Is it a favour to the Council, who will chop us off at the knees if given a chance, which this exercise may provide if they spot that we have made a procedural mistake? Or is it a favour to the tenant? Even if the tenant is an excellent tenant, as very many are, this seems far over and above the call of duty!
14:15 PM, 18th June 2020, About 3 years ago
The specific legislation is covered in full here: http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf
The relevant sections are as follows:
"Requirement for landlord to provide prescribed information
3.-(1) A landlord under an assured shorthold tenancy of a dwelling-house in England, or a person acting on behalf of such a landlord, must give the tenant under that tenancy the information mentioned in paragraph (2).
(2) The information is the version of the document entitled “How to rent: the checklist for
renting in England”, as published by the Department for Communities and Local Government, that
has effect for the time being.
(3) The information may be provided to the tenant—
(a) in hard copy; or
(b) where the tenant has notified the landlord, or a person acting on behalf of the landlord, of
an e-mail address at which the tenant is content to accept service of notices and other
documents given under or in connection with the tenancy, by e-mail.
(4) Paragraph (1) does not require a landlord, or person acting on behalf of the landlord, who has
provided the tenant with the document mentioned in paragraph (2) to supply a further copy of the
document each time a different version of that document is published during the tenancy.
(5) This regulation does not apply—
(a) where the landlord is a private registered provider of social housing; or
(i) the tenancy (“the new tenancy”) is a replacement tenancy;
(ii) the landlord, or a person acting on behalf of the landlord, provided the tenant with the document mentioned in paragraph (2) under an earlier tenancy; and
(iii) the version of the document provided to the tenant under the earlier tenancy is the same version as the version which is in effect on the first day of the new tenancy.
(6) In this regulation “replacement tenancy” has the same meaning as in section 21(7) of the Act."
The Act referred to is The Housing Act 1988 which you can view in full here:
I have copied section 21(7) for you for ease:
"(7)For the purposes of this section, a replacement tenancy is a tenancy—
(a)which comes into being on the coming to an end of an assured shorthold tenancy, and
(b)under which, on its coming into being—
(i)the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and
(ii)the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.]"
It seems clear therefore, that any tenancy which may be considered NEW (ie not a replacement tenancy as per the provided definition), must be issued with H2R, but a replacement tenancy (which yours probably are), only requires a copy of the guide to be issued where a new version has been issued since the last one was issued. So yes, you will need to provide all that apply. Awkward since the form doesn't allow space...
14:18 PM, 18th June 2020, About 3 years ago
Perhaps you could insert the date of first issue, then provide photocopies of all three with dates of issue written across the top?
20:12 PM, 21st June 2020, About 3 years ago
Enjoyed reading all of that Kate but it still doesn’t answer the question does it !, there’s only one box so there’s only one answer they want. I’m in a similar position to Gemma - I gave the tenant the How to Rent booklet when the law came out, a couple of times when the tenancies were renewed and once again when it went periodic. I even gave her another current copy before giving her section 21. I know I’m well covered but which one is the one they want to know about !.
It’s the one question I’m stuck on and if I don’t get an answer I’m going to have to pay some so-called expert a grand to do the paperwork for me.
Please is there anyone out there that knows the answer to this question .....I’m on my knees !