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
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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
8:34 AM, 27th February 2014, About 9 years ago
A new tenancy agreement is in nobody's interest other than your agents for the purpose of charging extra fees.
Do you have direct contact with the landlord?
If so, explain that you would prefer to let the tenancy roll over to become a statutory periodic tenancy. This means that you can end your tenancy with 30 days notice at any time in the future and you landlord can serve you with two months notice to leave at any time.
You landlord will want you to stay if you have been a good tenant.
If you don't have contact with the landlord I suggest you send a letter as follows to your letting agent.....
Thank you for your letter dated ...............
I prefer to let the tenancy roll over to become a statutory periodic tenancy.
I understand this means that I could end my tenancy with 30 days notice at any time in the future and my landlord could serve me with two months notice to leave at any time.
I see this has benefits to both myself and my landlord in terms of flexibility but I appreciate that you will lose your renewal fee. Nevertheless, I would appreciate you putting this proposal to my landlord and I will be happy to pay a fee of £30 to cover your administration costs and as a gesture of good faith if my landlord agrees to this arrangement.
This will save you £54 if your landlord agrees and will be a lot less hassle for your letting agent too.
Please remember that we run this website on donations. Given that we will have saved you money I trust you will be want to return the favour and support us - see >>> http://www.property118.com/donations/43590/
8:51 AM, 27th February 2014, About 9 years ago
If Agents refuse to accept your position your lease will automatically go periodic and if Landlord does require renewal, for mortgage conditions etc the Agent will need to explain himself. You are the most important person to the Landlord not the Agent.
9:01 AM, 27th February 2014, About 9 years ago
What is the current state of play regarding deposit protection when rolling over into a periodic? Northwood (Bridgwater) strongly advised me against allowing this to happen at the last renewal date but made no charge for renewing for 6 months, if I recall correctly. Has the Superstrike v Rodriges appeal been heard yet?
9:11 AM, 27th February 2014, About 9 years ago
Reply to the comment left by "Jerry Jones" at "27/02/2014 - 09:01":
What did they advise you to do, then?
Especially since Superstrike the creation of a statutory periodic AST should be treated in the same way as a 'renewal' for deposit protection purposes.
Therefore advising against either alternative on this ground is largely baseless.
9:14 AM, 27th February 2014, About 9 years ago
Just let it roll over to a periodic and say no thanks to your agent, pay them nothing as nothing is due. You are protected.
9:25 AM, 27th February 2014, About 9 years ago
And if they play up string them along for 30 days after it goes periodic to see if they re-serve deposit protection including all the prescribed information. If they do not say you would like your deposit back and an amount of three times said deposit as LA has failed to comply with legislation. I think they will go away then.
9:37 AM, 27th February 2014, About 9 years ago
Reply to the comment left by "Romain " at "27/02/2014 - 09:11":
They advised that the tenancy is renewed for 6 months rather than allowed to go periodic. No charge so no monetary incentive for them to so advise.
Theodore Brown Property Management
9:49 AM, 27th February 2014, About 9 years ago
To bring this thread back on topic...
It's very straightforward and doesn't have anything to do with deposits. If your signed tenancy agreement states the charge to renew the tenancy is £69.60 including VAT, that's all you need to pay. If you extend your tenancy agreement and the new contract has a clause in it stating that the cost to renew is £84.00, that's what you will need to pay in 12 months time - not now. We don't charge any renewal or administration fees for any tenancies.
On a related matter, I have been doing a lot of reading recently about end of tenancy charges in tenancy agreement clauses - eg for an inventory at the end of a tenancy or a check-out fee. If the clause doesn't state an amount but says something like "the reasonable cost will be advised at the time", initial guidance from the Office of Fair Trading suggests that the clause would be considered 'unfair'. Any amount subsequently charged would be open to dispute - even if other quotes showed the amount charged is in line with the market - but this is another topic for another time.
9:53 AM, 27th February 2014, About 9 years ago
Dear oh Dear
First and foremost to say that a new tenancy for a fixed term is only in agent interest so they can charge fees is very naughty Mark. As a tenant last thing I'd want if I liked where I was living or my kids were doing GCSE's in June would be to be thrown out at a whim of a Landlord at 2 months notice.
The poster above is 100% correct the fee is the original fee it cannot be increased without at least notice to and acceptance by a tenant. OFT are very strict on that.
Second Jerry the position is as Romain says - a renewal or a periodic is a new tenancy and TDP must be dealt with. So whether you had a free renewal or a periodic you still need to re-comply with TDP
What "appeal" why does everyone think there is some appeal slowly moving along somewhere. The Superstrike judgement was coirrect - inconvenient and a surprise to many perhaps - but correct.
Annarita your best bet actually if you don't want a new fixed term arrangement is to let it go periodic, no-one and nothing can prevent that, and then after 30 days if you have not been served with new Prescribed Information by the agent (this comment assumes they served it in the first place) a TDP offence will have been committed.
Then if they try to mess you about later on just say you'll take a section 213 claim 1994 Housing Act against them. They'll know what you mean.
But remember this is the Landlord's property and when it comes to end of fixed term it is his go first, he decides whether he wants to continue letting and on what basis. So if he wants to let it on fixed term tenancies then that is his decision. You can disagree, not sign and go periodic, but equally he can then give you the two month's notice.
I know Landlords who would never agree to a tenancy ending between November and February for example, and so insist on fixed term renewals accordingly.
9:55 AM, 27th February 2014, About 9 years ago
As per Jamie Moodie's suggestion, you should not pay anything but just let it roll over.
Perhaps send the letter as Mark advises but leave out the money offer.
One of my tenants is coming to the end of his tenancy and is about to renew to a further 6 months but he has not been charged anything for this, not even an admin charge because the arrangement is specifically for my own interest.
In respect of reprotection of your deposit, the jury is still out on this so I personally wouldn't stir up the hornets nest by using this as a veiled threat as the whole scenario is still very unclear (my opinion that I appreciate others do not subscribe to).