Privacy Policy

1. Introduction and Who We Are

FTS AND SONS PROPERTY LIMITED is a property services business registered and operating in the United Kingdom. The company manages residential tenancies, shared buildings and maintenance programs on behalf of property owners, and in doing so it necessarily handles personal information about a great many people. That information is treated as a responsibility rather than an asset to be traded.

The company is the data controller for the personal information described in this policy. That means the company decides why information is collected, how it is used and how long it is kept. Where the company works with third parties such as referencing agencies, contractors or software providers, those parties act either as separate controllers or as processors working under instructions, and this policy explains the main cases in which that happens.

The company aims to handle personal information in a way that is lawful, fair and transparent. If anything in this policy is unclear, the company welcomes questions and will provide an explanation in plain language. Contact details appear at the end of this document.

2. Scope of This Policy

This policy covers personal information handled through the website at ftsproperty.lat, through the office at Unit 53, through telephone calls, through email and written correspondence, and through the day to day management of properties. It covers information about tenants, prospective tenants, guarantors, landlords, leaseholders, directors of residents associations, contractors, suppliers and professional advisers.

This policy does not cover the practices of third party websites that may be linked from this site. Where a link leads to another organisation, that organisation is responsible for its own privacy notices. The company encourages visitors to read those notices before providing personal information to any other service.

The policy also does not override any statutory duty that requires the company to hold or disclose information. Where the law requires a particular action, the company will follow the law and will explain the position to the person concerned wherever it is appropriate to do so.

3. The Information We Collect

The company collects several categories of personal information, and the category depends on the relationship between the company and the individual. The main categories are identity information such as name, date of birth and proof of identity documents; contact information such as postal address, email address and telephone numbers; financial information such as bank details, income evidence and payment history; and property information such as the address of a tenancy and the records associated with it.

The company may also collect information about a tenancy itself, including the start and end dates, the rent payable, the deposit held, the inventory and any reports of repairs or complaints. For applicants, the company may collect references from previous landlords and employers, the outcome of affordability assessments, and the documents needed to establish a right to rent in the United Kingdom.

For contractors and suppliers the company collects business contact details, insurance documents, trade qualifications, registration numbers and payment information. For website visitors the company may collect technical information such as browser type and approximate location, as described later in this policy.

4. How We Obtain Information

Most information is provided directly by the individual concerned, for example when a tenancy application is submitted, when a landlord instructs the company to manage a property, or when a repair is reported. Information may also be provided by a joint applicant or a guarantor who supplies details on behalf of another person.

The company also receives information from third parties. Referencing agencies supply the results of identity, affordability and previous tenancy checks. Employers and previous landlords supply confirmation of income and conduct. Public registers supply information about property ownership and certain compliance matters. Contractors supply certificates and reports generated during their work.

In some cases information is generated internally, for example inspection notes, photographs of a property, rent statements, arrears records and correspondence logs. All of these form part of the property file and are handled under the same standards as information supplied from outside.

5. Why We Use Information

The company uses personal information to provide the services that have been requested. This includes assessing tenancy applications, preparing tenancy agreements, collecting rent, arranging repairs, managing service charges, handling compliance certificates and communicating with the people involved in a property.

Information is also used to meet legal and regulatory duties. Landlords have obligations relating to gas safety, electrical safety, energy performance and the holding of deposits, and the company assists in meeting those obligations by keeping accurate records. Information may also be used to prevent fraud, to recover debts and to protect the legitimate interests of the company and its clients.

Finally, information is used to improve the service. The company reviews records to understand how properties perform, how quickly repairs are handled and where processes can be strengthened. Where this kind of review involves personal information, it is carried out with appropriate safeguards and with the minimum data necessary.

6. Our Lawful Bases

Under United Kingdom data protection law the company must have a lawful basis for each use of personal information. The company relies on the following bases. The first is the performance of a contract, which applies where information is needed to enter into or carry out a tenancy or a management agreement. Without the information, the company would be unable to provide the service.

The second is compliance with a legal obligation, which applies where the law requires the company to hold or disclose records. This includes duties relating to right to rent, gas safety, deposit protection and taxation. The third is the legitimate interests of the company or a third party, which applies where the company has a genuine reason to use information that does not override the rights of the individual. Examples include the prevention of fraud and the proper running of the business.

In limited circumstances the company relies on consent. Where consent is the basis, the individual may withdraw it at any time, and the company will stop the relevant use unless there is another lawful basis that requires the company to continue. Consent is never bundled into an unrelated condition, and refusing consent does not remove any right that a person has under the law.

7. Information About Tenants and Applicants

Tenants and applicants are asked for information that allows the company to decide whether a tenancy can proceed and, if it can, to run it properly. This includes name, date of birth, contact details, current address, employment and income information, and the details of any guarantor. Proof of identity and proof of address are requested so that the company can meet its duty to check the right to rent.

During a tenancy the company holds records of rent paid, maintenance reported and inspections carried out. If a tenant reports a repair, the company may share the contact details of the tenant with the contractor attending, limited to what the contractor needs to arrange access. Tenants are entitled to see the records the company holds about them, subject to the rights of other people being respected.

When a tenancy ends, the company keeps the records needed to close the tenancy correctly, to return or account for the deposit and to meet legal retention requirements. The company does not use tenancy information for unrelated marketing, and it does not sell tenancy information to anyone.

8. Information About Landlords and Owners

For landlords and property owners the company holds contact details, ownership information, bank details for payments, tax information where relevant, and a full record of the instructions given. The company also holds information about the property itself, including certificates, surveys, maintenance plans and financial statements.

Landlords may provide information about tenants to the company as part of the management relationship. Where that happens, the company expects the landlord to have the right to share the information and to have informed the tenant that it will be shared. The company handles such information in line with this policy and does not use it for any purpose beyond managing the property.

Where a landlord is an organisation rather than an individual, the company may hold details of directors and staff who deal with the property. These details are used solely for communication and administration related to the management service.

9. Contractors and Suppliers

The company works with a network of contractors and suppliers who carry out maintenance, compliance testing and refurbishment. To instruct and manage these parties the company holds business contact details, insurance certificates, qualification records and payment information.

When a contractor attends a property, the company shares the address, the nature of the work and, where necessary, the occupant contact details so that access can be arranged. Contractors are required to use this information only for the task in hand and to keep it confidential. The company keeps a record of every instruction so that work can be checked and audited later.

Supplier information is retained for the period needed to meet accounting and tax requirements and to resolve any dispute about the work performed. The company does not share contractor information with unrelated third parties except where the law requires it.

10. When We Share Information

The company shares personal information only where there is a proper reason. The main recipients are referencing agencies, deposit protection schemes, utility providers, maintenance contractors, professional advisers, insurers and, where required, public authorities.

Information may be shared with a landlord about the tenancy of that landlord, because the landlord has a legitimate interest in the status of the property and the rent. Information may be shared with a new landlord or managing agent where a property changes hands, so that the management record can continue without interruption. In each case the sharing is limited to what the recipient genuinely needs.

The company does not sell personal information and does not trade it for marketing purposes. Where the company is required by law to disclose information, for example in response to a valid request from a regulatory body or a court order, the disclosure is made only to the extent required and is recorded.

11. Referencing and Credit Checks

Tenancy applications are supported by referencing checks that help the company and the landlord decide whether a tenancy is likely to be sustained. These checks may be carried out by an agency acting on the instructions of the company. The agency may verify identity, confirm employment or income, obtain a reference from a previous landlord, and search public and financial records for relevant information.

The results of a referencing check are used only to make a decision about the tenancy. A declined application is not a judgment about a person as an individual, and the company will explain the principal reason for a decision where it is able to do so. Applicants have rights in relation to automated decision making and can ask for a decision to be reviewed by a person.

The company does not carry out or commission checks that are not relevant to the tenancy. Credit information is used to assess affordability and reliability, not to build a profile for marketing, and it is not shared with anyone who has no role in the letting decision.

12. Cookies and Similar Technologies

The website may use a small number of cookies or similar technologies to make the site work correctly and to understand how it is used. A cookie is a small file placed on a device that allows a website to recognise it on a later visit. The company aims to keep the use of cookies to a minimum and does not use them to build advertising profiles.

Essential cookies are required for the basic operation of the site, such as remembering navigation state. Analytical cookies, where used, help the company understand which pages are visited and whether visitors are finding the information they need. Any analytical data is reviewed in aggregate and is not used to identify individuals.

Where the law requires consent for a particular cookie, the company will ask for that consent before the cookie is set. Visitors can control cookies through browser settings and can delete cookies already stored. Disabling cookies may affect the way some parts of the site behave, but it will not prevent access to the information on the pages.

13. How Long We Keep Information

Personal information is kept only for as long as it is needed for the purpose for which it was collected, or for as long as the law requires. Tenancy records are generally kept for the duration of the tenancy and for a period afterwards that allows for the return of the deposit, the resolution of any dispute and the meeting of tax and accounting obligations.

Compliance records such as gas safety certificates and electrical reports are kept for the periods recommended by the relevant regulations and industry guidance, because they may need to be produced long after the work was carried out. Financial records are kept for the period required by tax law. Application records for people who do not proceed to a tenancy are kept for a limited period and are then securely deleted.

When information reaches the end of its retention period it is deleted or anonymised. Where deletion is not immediately possible, for example because information is held in a backup, the information is isolated and protected until deletion can be completed. The company reviews retention on a regular basis to ensure that old records are not kept simply because it is easier to keep them.

14. How We Protect Information

The company takes the security of personal information seriously and applies technical and organisational measures that are appropriate to the sensitivity of the information. Access to property files is limited to staff who need it for their work, and access is removed when a member of staff leaves or changes role.

Electronic records are held on protected systems with access controls, and paper records are stored securely at the office at Unit 53. Documents are sent by secure means where the content is sensitive, and identity documents are stored in a way that limits the risk of misuse. Staff receive guidance on handling personal information and on recognising attempts to obtain it improperly.

No system can be completely secure, and the company does not claim otherwise. If a security incident occurs that is likely to result in a risk to the rights of individuals, the company will investigate promptly, take steps to reduce the harm, and notify the relevant regulator and the affected individuals where the law requires it.

15. International Transfers

The company operates in the United Kingdom and holds its main records there. Where a service provider stores information outside the United Kingdom, the company takes steps to ensure that the information remains protected to a standard equivalent to that required in the United Kingdom.

Those steps may include using providers that are established in countries recognised as providing adequate protection, or putting contractual safeguards in place that require the recipient to protect the information. The company reviews the arrangements of its providers and does not transfer personal information internationally without a proper basis.

Where a person wishes to know more about the safeguards applied to a particular transfer, the company will provide an explanation on request. The aim is to ensure that information is protected wherever it is held, not only within the borders of one country.

16. Your Rights

Individuals have a number of rights in relation to the personal information the company holds about them. These include the right to be informed about how information is used, the right of access to a copy of the information, the right to have inaccurate information corrected, and the right to have information erased in certain circumstances.

Individuals also have the right to restrict the processing of information, the right to object to processing based on legitimate interests or direct marketing, and the right to receive certain information in a portable format. Where processing is based on consent, there is a right to withdraw that consent at any time.

To exercise any of these rights, an individual should contact the company using the details at the end of this policy. The company will respond within the period allowed by law and will explain any reason why a request cannot be fully met. If a person is dissatisfied with the response, that person has the right to complain to the Information Commissioner Office, which is the supervisory authority for data protection in the United Kingdom.

17. Marketing and Preferences

The company does not send marketing material to tenants or applicants as a condition of any service. Where the company does send updates about its services, it does so to people who have a relevant relationship with the business and where the law permits, and every message includes a simple way to opt out.

Landlords who are clients may receive information about new services, property market conditions and maintenance planning. These messages are intended to be useful and are limited in frequency. A recipient who no longer wishes to receive them can ask the company to stop, and the request will be honoured promptly.

The company does not sell contact lists and does not allow other organisations to use its contact information for their own marketing. Any opt out is recorded so that the preference is respected in future communications.

18. Privacy for Children

The services of the company are intended for adults who are capable of entering into tenancy and management agreements. The company does not knowingly collect personal information from children as part of its ordinary business, and it does not direct any part of its website at children.

Where information about a child is provided as part of a tenancy, for example because a child will live at the property, that information is limited to what is necessary and is handled with particular care. It is not used for marketing, and it is not shared beyond the parties who need it to manage the tenancy.

If the company becomes aware that information about a child has been collected without the appropriate involvement of a parent or guardian, the company will take steps to remove it or to regularise the position. A parent or guardian who has a concern about information relating to a child may contact the company at any time.

19. Changes to This Policy

The company may update this policy from time to time to reflect changes in the law, in its services or in the way it handles information. When a change is made, the revised version is published on this page with an updated date, so that readers can see when it last changed.

Where a change is significant, the company will take reasonable steps to bring it to the attention of the people affected, for example by including a notice with a statement or by writing directly to clients. Continuing to use the services after a change takes effect indicates acceptance of the revised policy.

The company encourages readers to review this page occasionally so that they remain aware of how their information is handled. A copy of the current policy can also be requested from the office at any time.

20. How to Contact Us

Questions, requests and concerns about this policy or about the handling of personal information should be directed to the office of FTS AND SONS PROPERTY LIMITED. The company takes such enquiries seriously and will deal with them promptly.

If a person is not satisfied with how the company has handled a privacy matter, that person may raise the issue with the Information Commissioner Office. The company would always prefer the opportunity to resolve a concern directly first, and it welcomes the chance to put things right.