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:
|Name of Cookie
||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:
|Name of Cookie
||First / Third Party
|__utma, __utmb, __utmc, __utmt, __utmz
||Helps to understand how their visitors engage with our website
||Helps to understand how their visitors engage with our website
- 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
11:22 AM, 25th February 2014, About 9 years ago
Reply to the comment left by "Mark Alexander" at "25/02/2014 - 11:10":
yes, just got that, seems i read the comment too quickly, so no overlap, tenant liable, i guess. must pay more attention
11:31 AM, 25th February 2014, About 9 years ago
"has not signed a tenancy agreement 'since' she moved in"
- do you mean she signed one just before, or she never signed one when she moved in 5 years ago.
11:36 AM, 25th February 2014, About 9 years ago
Reply to the comment left by "Julie Ford" at "25/02/2014 - 11:15":
If the two tenancy documents are for different time periods then they are exclusive to each tenant at that point in time. If there is an overlap between one tenant and another, and the outgoing tenant's tenancy encroaches into the incoming tenants tenancy, then I agree that's not good. In circumstances such as this when a tenant moves out before the end of their notice period I always get the outgoing tenant to sign a letter voluntarily surrendering the tenancy ....or even a Deed of Surrender!!
( Arrrghhhhhh...yes I know we have done that to death recently) (LOL) Then you do not have two tenancies running at the same time.
If it is on their request I do not refund the rent for the unoccupied period. If it's at my request because it suits the new tenant then as an incentive I will refund the money paid for the unoccupied days as I am a member of the Good Landlord Campaign and feel it's important to treat tenants fairly. Although sometimes that does not work the other way round as we all know.
11:46 AM, 25th February 2014, About 9 years ago
I just can't understand all this confusion about overlapping tenancies,
- it is quite clear!! - there is no overlap, why do people keep going on about it ?
- just tell the outgoing tenant there is NO overlap !!
How does 28th Feb and 1st March overlap !!! ???
But please clear this up :
"Tenant thinks she doesn’t have a contract because she hasn’t signed one since she moved in"
...did she have a TA for when she first occupied the property 5 years ago??
11:48 AM, 25th February 2014, About 9 years ago
Even if there was an overlap, the tenant was not entitled to a refund.
If it comes to suing, I think OP has 2 options:
1. To sue on the basis that rent is due and unpaid.
2. To sue on the stopped cheque.
Indeed, cheque is an unconditional promise to pay and as such, as I understand it, there is no defence in court if you are sued because your cheque was dishonoured.
It is perhaps possible to make a single money claim that the money is due because (1) and in addition because (2).
Call me cynical, but unless the tenant usually paid by cheque, I suspect that she planned the whole thing in advance...
13:24 PM, 25th February 2014, About 9 years ago
When my tenants move out before their notice period I charge them to the end of the notice period or up until a new tenant moves in, I don't charge double rent.
When outgoing tenant moved out and returned the keys she returned possession and with it the tenancy, so no overlap.
I always pursue rent owed via MCOL Money Claim OnLine, it's easy.
9:09 AM, 26th February 2014, About 9 years ago
I really don't see the problem here if you have had rent to Feb 28th and new tenant is in and paying from 1st March. Was rent paid in arrear and the cheque was for february rent, don't think detail is clear enough here.
Anyway Julie is correct and Gary is wrong - how on earth can you have two tenancies running at same time and two separate sets of tenants liable to pay rent for the same facility.
Surprised no-one is focusing more on the cheque and the fact it is an offence
a. To put a cheque into circulation knowing it will not be met
b. To receive goods or services paid for by cheque but then cancel that cheque
9:13 AM, 26th February 2014, About 9 years ago
As a general principle, I would say pursue the debt, particularly as the tenant's alleged reasons for non payment are unproven and for all the reasons mentioned by others.
However, how much money are we talking about? Put a price on your time and ask yourself if its worth spending x hours pursuing the debt. If we are not talking very much, you may just wish to accept it as a cost of doing business and move on.
To have had a tenant paying rent for 5 years with no voids and the property left in good order is a good result...
9:53 AM, 26th February 2014, About 9 years ago
I'm sorry if I haven't made myself clear but I was really cross when I wrote the initial post.
The tenant moved in five years ago and signed a six month AST. Since the end of the first six months she's been on a periodic tenancy.
There has been no overlap of tenancy. Her tenancy was due to finish at the end of February and new tenants lined up to move in 1st March. Tenant cancelled her standing order (her usual method of payment) and sent the cheque for her last month's rent. Then she told me her new accommodation was ready to move into and she was moving out early and she wanted her deposit back before the end of the month. Letting agent confirmed the flat was in good condition and tenant handed over keys to agent in exchange for return of deposit monies.
Then the cheque for the last month's rent came back as 'stopped' and I rang to ask the tenant (who was now in her new accommodation) why it had been stopped as the rent was payable until the end of the month. She said she had been told that someone else was now in the flat and she wash't going to pay. There was no-one in the flat and no-one due to move in until after the end of the notice period. I asked the Letting Agent to confirm this to her but she was not listening.
Thanks for all the wise words. I'm really cross with myself for giving back her deposit money early but i thought I was being fair as she had moved out and the flat was in good order. My initial instinct was Small Claims Court but I wondered if by handing in her keys and by my giving her the deposit back it could be assumed that the tenancy had ended early.
No, it's not a huge rent, £500, and I guess I'll have to consider if it's worth the time effort and stress of taking it further. I have threatened her with SCC but it hasn't produced a result. It's just really galling when you think you've been fair but a lesson learned.
10:27 AM, 26th February 2014, About 9 years ago
Reply to the comment left by "Mrs Ploughley" at "26/02/2014 - 09:53":
I understand your frustration, it's when you try to be reasonable & a good landlord that it all goes wrong and you loose your faith in decent tenants!
Reading the full story I would keep going with the county court route, If you do the online form & print it out rather than filing it I would send her that with a 7 day letter, if that doesnt work press the send button & put her in court. I think she will pay rather than get a CCJ