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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- 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.
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- 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
18:32 PM, 21st May 2013, About 10 years ago
Based on what you have said this ruling is ludicrous in my opinion and given the amount of money at stake here I would be taking this to a solicitor with a view to getting professional advice and dragging this battle to the Courts.
If I were you I would take this to Paul Shamplina at Landlord Action. His business Partner Justin Selig can help with litigation to recover damages from the agent as well Paul helping with the eviction. In case you didn't know, Justin Selig is the lawyer behind our Class Action case against Bank of Ireland.
For more details and a contact form please see >>> http://www.property118.com/tenant-eviction/39099/
21:56 PM, 21st May 2013, About 10 years ago
So you use a LA who you pay management charges to.
They ignore your instructions and leave you with a £13000 refurbishment bill
Tenants to evict at X cost
Unrecoverable losses from tenants
Void losses whilst property is refurbished.
You receive £300 compensation.
Now you face being in a position NOT to take HB tenants on again and only take on those who can pass RGI checks.
These fraudster LA have effectively destroyed this particular property as a viable business for many years.
It will take ages to recover the losses if ever.
Despite you knowing what you wanted; because you knew the pitfalls, your instructions have been ignored by this fraudster LA.
This surely must be breach of contract and would require far more compensation than the derisory £300!!!
It is a disgrace the way you have been treated with so much disregard by the PO.
This situation could easily happen to other LL who are ignored by the instructed LA; who carries on knowing not a lot will happen to them in the event the tenants they obtain against your wishes cause problems.
The rogue LA are a law unto themselves with seemingly no proper redress against them.
Perhaps all instructions should be confirmed by email.
Otherwise the LA can lie about phone instructions and I would NEVER trust a LA.
Yours is a salutatory lesson to other LL.
The sooner LA are regulated the better I think!
22:13 PM, 21st May 2013, About 10 years ago
As landlords we've not been in this situation, but if we were we wouldn't settle for £300 after coming so far.
'the Ombudsman considered that it is the tenant’s responsibility to keep the place in good order and to pay costs of court action re: eviction'.
Quite simpy if the estate agent had rented to the correct people in the first place you wouldn't have to be incurring the cost of the eviction, so they should be made to cover the cost of this as it's quite clear that people on DSS wouldn't be able to afford it.
I also think that if you contact enough landlords you could prove tenants on DSS tend to leave properties in a greater state of disrepair and the estate agent should be made to cover these extra costs.
You've won the battle, it's now time to win the war !
4:27 AM, 22nd May 2013, About 10 years ago
Typical LA let at all costs for the fees attitude here. Benefits can be a minefield so needs defining perhaps to Unemployment Benefit since a family with 7 children would get loads of benefits like child allowance, FIS, etc. And we have coming Universal Benefit that presumably includes child allowance,
We steer well clear of DSS, Smokers and Pets as experience is generally that they are bad news and do not respect property and with 7 children screaming about in a property mega dilapidations is guaranteed.
When tenants slip into benefits by being unemployed or single parents when a "partner " leaves you also need to be aware that if the tenant lied about income or anything else significant the council can claim the benefits back!!!
Justin Selig - solicitor
8:27 AM, 22nd May 2013, About 10 years ago
Could you please send me your letter of engagement with the agent and their terms and conditions they supplied to you and we will have a look at this? My email address is email@example.com
Mark Alexander - Founder of Property118
8:40 AM, 22nd May 2013, About 10 years ago
Is this something you could possibly consider on a "CFA" Conditional Fee Agreement for Linda? i.e. "no win no fee".
From what I have read there appears to be strong evidence of negligence on the part of the agent together with quantifiable losses. Obviously I have not seen the submission to the Ombudsman or their summary findings, perhaps that paperwork would enable you to take a commercial view on running with the case on a CFA basis?
16:56 PM, 22nd May 2013, About 10 years ago
Estate agents are not and should be properly regulated. Successive governments have consistently declined to regulate agents. I am a solicitor. This profession is heavily regulated, indeed we have recently had an overhaul of our regulatory system which will costs the profession and ultimately clients of course probably over a hundred million in the work that it will require to implement it. Successive governments have insisted that lawyers require more regulation. If you buy house insurance the broker/insurer must be regulated. So, you buy a house, let your house and you may aswell be in the wild west. Does the public really think that it is o.k to suffer losses of thousands of pounds at the hands of agents but be protected when they spend £150 on an insurance policy? The current regime is toothless and the ombudsman lives in a world of fantasy if he thinks benefit tenants will be able to foot the bill for works let alone giving the impression that his function is to shelter agents and get them off the hook. If agents risked losing a licence if they did something wrong, without which they could not operate they would probably clean up their act. Agents who take illegal backhanders to arrange a sale to a "friendly buyer" which amounts to stealing from the owner should be in prison not reaping the harvest with impunity. Bad agents also hurt decent tenants and buyers. Good agents want regulation to separate them from the bad. It needs pressure on government to regulate estate agents without which nothing will change. Anyone with any interest in property, an owner would be owner or tenant should be telling the government that regulation must be introduced and if they do not commit to regulation with teeth they will vote for a party that will introduce it.
Mark Alexander - Founder of Property118
18:37 PM, 22nd May 2013, About 10 years ago
@Simon Rosser - regulation of Estate Agents is already on the statute books - see Estate Agents Act 1979. There is nothing yet for letting agents though, perhaps that's what you meant?
I believe regulation for Letting Agents coming though and compulsory Ombudsman registration will be required. The question I have is whether the Ombudsman will have the balls to strike of agents which act like the one described in the above post.
The compensation imposed on this Estate/Letting Agent is pathetic in relation to the damages but I suspect the only other option the Ombudsman had was to withdraw the Estate Agents membership. I believe the Ombudsman is only empowered to make very small awards? If expulsion had been the chosen option the Estate Agent would still be perfectly entitled to be a Letting Agent but not an Estate Agent for the purpose of selling properties. He may well be a good Estate Agent, just a crap letting agent. Further, the Ombudsman would no longer get any income from the agents membership fees so there's a conflict there too.
I agree that it's a mess but Wild west is Shelter talk akin to Rogue Landlords which is also very bad for public perception.
I stand by my initial recommendations to Linda to sue the agent for negligence. The evidence looks to be strong and the damages are easily quantifiable.
19:10 PM, 22nd May 2013, About 10 years ago
Mark, of course I am aware of the Estate Agents Act. However this is not regulation in the full sense of the word. It gives powers to prohibit persons from practising estate agency work rather like the Companies Act gives power to seek a prohibition order in relation to a person who has shown he is unfit to be a director. I seem to remember Robert Maxwell was subject to such an order. Mirror Group pensioners might have felt that it ultimately offered them scant protection when he walzed off with pension fund assets! Regulation needs to determine if a person is fit to practice estate agency and this includes letting. Any school leaver can set himself up as an estate agent and it is only in the extremely rare case that there is a prohibition order that he can be stopped. Estate agents should only be able to practice their profession (it is a dirty trade at the moment) if it has been established that they have a degree of competence and integrity and it must be possible to remove them from the register of licensed estate agents. There must be core standards established for agents and compliance must be audited and infringements punished. Agents deal with one of the most important things for people which is their home. Considerable sums of money are at stake. Most of us would consider the sort of money this thread is about to be material. How much more material is the purchase of probably the most expensive asset the average person will ever buy - a house. It is truly incredible that people's homes and their largest investment are run by utterly unqualified, unvetted, often inexperienced individuals many of whom are able to practice in a company with no assets to the detriment of any person who deals with them. I feel it is a quite staggering failure on the part of government that it is so.
Mark Alexander - Founder of Property118
19:23 PM, 22nd May 2013, About 10 years ago
@Simon Rosser - whilst we are both on our soap boxes (LOL) there is something which really bugs me about the Estate Agency Act 1979. It's that I can't find any evidence whatsoever of the act having ever been used to prosecute an Estate Agent for trading without being a member of a redress scheme. As a result there are thousands practising Estate Agency illegally, with no PI insurance, no redress scheme and so on. I've reported several of these to both Ombudsmen and also Trading Standards/OFT and nothing ever seems to be done. Do we need more regulation or do we need existing regulation to be effectively policed?
The same can be argued about Landlords. Councils will not use the laws they already have as it costs them money and they don't get the benefits. If they close down a street of Beds in Sheds they have to re-house the illegal immigrants which were occupying them at their own expense. If they prosecute the owner they get 0% of the proceeds of any fines. A thankless task for the Councils and with restrained budgets it's pretty obvious why they would prefer to invent a new landlord stealth tax in the form of licencing as opposed to upholding the existing laws. It's all a big game of politics I'm afraid, another case of passing the buck to landlords which the general public mistakenly believe to be corrupt and minted due to the likes of propaganda organisations masquerading themselves to be housing as Charities, 🙁
Ahh, I feel so much better for that little rant!!!