Jakes Property Services (JPS) is a small business dealing with the management of the communal areas of blocks of flats, both purpose built and conversions, and also with land managed under arrangements such as estate schemes or rent charge agreements. We manage these properties on behalf of either Landlords, Residents Management Companies (RMCs), or Right to Manage Companies (RTMs) as their agent.
Our client companies or individuals have rights and obligations contained either within Leases which they are party to, or within other legal documents. Leasehold owners of flats, and some freehold owners of houses also have obligations to our clients, which we manage as their agent.
We keep records on a bespoke property management system and also keep paper records of some correspondence and legal documents.
Data Protection Policy
Reason for the collection, storage and use of personal data:
- Most of our clients are either RMCs or RTMs and their membership comprises the leasehold owners of flats and some freehold owners of houses in estate schemes. We normally act as company secretary for our clients and so are legally obliged to maintain their statutory records, which includes lists of officers, members or shareholders.
- Sometimes we may be legally obliged to collect more detailed information about company officers in order to register their appointment with the Registrar. We destroy this information once the appointment is registered.
- All of our clients are parties to legally binding contracts such as leases or rent charge agreements which require them to provide certain services for the benefit of the leaseholders or house owners, who in turn pay for those services via either a service charge or a rent charge. As their agent we have a legitimate interest in maintaining records for billing purposes on behalf of our clients, and also in keeping records of charges made and payments received.
- Our work involves the management of property which we often have to undertake in co-operation with leaseholders and other residents. With your consent we collect data such as telephone numbers and email addresses in order to facilitate this work.
- It is in our legitimate interest to keep notes about historical management and maintenance issues so that we have a full picture of what has happened at any particular property.
- With your consent we keep details of vehicles kept by property owners, residents and contractors where there is a parking enforcement scheme which requires us to do so. If you withhold or withdraw consent we may not be able to ensure that your vehicle is not ticketed.
- We will not collect data on your race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, sex life or sexual orientation unless you ask us to, and then only if the data is necessary for some aspect of our property management work.
- In normal circumstances JPS does not, and will not, pass data and information about any individual to any third party. The exceptions are where:
- We are required by law to divulge specific information.
- The directors of the client company legitimately require information about its members, or where we are required to report breaches of the lease to them, or where we have been asked to escalate a complaint as a part of our complaints procedure.
- We instruct solicitors in respect of non-payment of charges due to our client, or other breach of the lease or contract.
- In the course of the sale of a property, information relevant to the transaction is requested by a conveyancer instructed by one of the parties.
- On completion of a sale of a property or at a later date we may share information with a landlord who is party to the lease of that property or other legally binding agreement.
- We provide vehicle details to a third-party provider of a parking enforcement scheme with the owner’s consent.
- We provide contact details to another property owner or contractor for the purposes of making contact or an appointment but only with your consent.
- We reasonably believe that the safety, health or wellbeing of one or more people, or the safety or security of someone’s property would be put at risk by not disclosing relevant information to an appropriate and responsible third party.
- In no circumstances will JPS release personal data to a third-party for the purposes of marketing.
- When a person ceases to be a relevant leaseholder or house owner for any reason most data will be destroyed, however we will retain a basic record of their ownership and any legal documents related to it.
Data Location and Security:
- At all times JPS will take reasonable and practical steps to keep data secure and safe from unauthorised access, theft and loss or damage.
- Data collected is digitally stored on a secure server and email correspondence may be stored on protected PCs in our locked office. Paper files are stored in filing cabinets in our locked office.
- Occasionally a member of staff may be required to work from home. Any data taken out of our office will be afforded a reasonable level of security from unauthorised access, loss or damage. Digital data will be password protected.
- Our digital data is backed up nightly using a dedicated third-party service.
- We retain and process your data for as long as it is necessary to perform our function as manager of your property.
- Where you have given consent for us to store your data (see 4. and 6. above) you may withdraw your consent at any time by writing, emailing or telephoning us and we will remove the data.
- You have a right to access the data we hold about you. This is called a Subject Access Request (SAR). You can make a SAR by writing, emailing or telephoning us. Under most circumstances we will provide the information you request within one month of receiving your SAR and you will not be charged for this information.
- You have the right to have inaccurate personal data rectified or completed if it is incomplete. You can request this by writing, emailing or telephoning us.
- In certain circumstances you have the right to have the data we hold about you erased. You can request this by writing, emailing or telephoning us. However, if your data is still necessary for the purpose it was originally collected we may have the right to refuse to comply with your request. If so, we will provide you with our reasons for refusing your request within one month.
- In certain circumstances you have the right to request the restriction or suppression of your personal data, for example in situations where you dispute the accuracy of the data held. You can request this by writing, emailing or telephoning us. We will respond to your request within one month.
- In certain circumstances you have the right to obtain and reuse your personal data for your own purposes across different services. This is known as data portability. This only applies to data which you have given to us. You can request this by writing, emailing or telephoning us. We will respond to your request within one month.
More information is available on the Information Commissioner’s Office website: ICO.org.uk