Introduction

Vickery Holman are committed to maintaining the trust and confidence of our clients, contacts, staff and visitors to our website.

We endeavour to treat personal and confidential organisational information with equal care and respect.  Vickery Holman do not sell or pass on personal data to third parties for marketing purposes.

In this Privacy Policy we have provided information on when and why we collect your personal information, how we use it, the limited conditions under which we may disclose it to others and how we keep it secure.

We may act as Data Controller or as a Data Processor on behalf of a Data Controller (for example when carrying out tasks for Clients such as Banks and Landlords in connection with property management functions.

 

Who we are

We are Vickery Holman, a UK based firm of property consultants providing a variety of property services and advice.

 

What information do we collect?

We collect only the personal information required to provide services to our clients and potential clients. This may include the following:

  • Name
  • Address
  • Email
  • Phone
  • Date of Birth
  • Bank details
  • Copies of Passport / Driving Licences
  • National Insurance Number
  • Photographs
  • Next of kin or other emergency contact details
  • Property preferences or requirements

We will also collect business information such as Company or Job Role details.

Where we collect personal information, we do so on the basis that the individual has specifically consented or on the basis that an individual has or is entering into a contract with Vickery Holman be it as a client, employee or tradesman.

If we do seek to collect personal information through our website, we will be up-front, clear and open about this. We will make it evident when we are collecting personal information and will explain what we intend to do with it. Please see further details below for information relating to our website and how cookies are used.

When you provide personal information, we will enter and store it in our software systems.

 

What do we use information for?

We use the information that we collect for a number of purposes:

  • To provide services and perform our contract with you as set out in our Terms of Engagement or letter of instruction
  • To enable us to invoice you for our services, for rent, service charge and other costs that you are obligated to pay as a Landlord or Tenant
  • To maintain and administer our software systems and IT infrastructure
  • In the event of an emergency where there is a risk of harm or damage to persons or property, to gain access to a property or deal with a repair
  • To provide information on products, services, events or property details that you have requested or which we feel may be of interest to you, where you have consented to be contacted for such purposes or by legitimate interests
  • To better understand the needs of our customers and how we can improve our products and services and to notify you of changes to our services
  • To answer requests that clients, potential clients, tenants and tradesman may have
  • To respond to those that might be interested in working for Vickery Holman
  • To fulfil our legal obligations including money laundering and identification checks
  • To use in the investigation and/or defence of potential complaints, disciplinary proceedings and legal proceedings

We may pass your data to third party external organisations in order to carry out the above tasks or where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so. Examples of who we may pass information to include:

  • Our software providers and IT support
  • Banks, solicitors, other agents, professionals and subcontractors

We may also process your personal data without your knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.

 

Your rights

Your personal information is owned by you. If you have any questions or issues with the way in which we are using your data you have the following rights:

  • You can ask to see what data we hold on you (right of access)
  • You can ask for information to be corrected
  • You can ask to receive a copy of the data we hold on you (right to portability)
  • You can ask us to delete any information we have about you (right to be forgotten)
  • You can object to the way in which we use your information
  • You can complain to the supervisory authority

If you wish to enact any of these rights then you can do so electronically by completing our Subject access request form and emailing it to info@vickeryholman.com. Alternatively, please make your request in writing to Data Protection Advisor, Vickery Holman, Walsingham House, Newham Quay, Truro, TR1 2DP

The UK Information Commissioner’s Office (ICO) enforces and oversees Data Protection. Further information is available on the ICO’s website: www.ico.org.uk.

Please note that you will need to supply proof of your identity when submitting a request. Identification examples include:

  • A photocopy of the identification pages of your current passport
  • A photocopy of a current photo driving licence
  • A copy of a current utilities bill, or credit card or bank statement which shows your address.

This identification information will be returned to you if requested; otherwise it will be securely destroyed once we no longer need it.

It is helpful if you can give us any information to help narrow the search, such as specific personal information you are looking for or which part of the Vickery Holman you have had contact with.

 

Retention and data storage

When we store data, reasonable measures are taken to protect personal information from access by unauthorised persons. This information will be stored, archived and backed up as part of internal systems which are hosted by cloud service providers.

We will only retain your personal data for as long as is necessary to fulfil the purposes for which it is collected.

When assessing what retention period is appropriate for your personal data, we take into consideration:

  • the requirements of our business and the services provided
  • any statutory or legal obligations
  • the purposes for which we originally collected the personal data
  • the lawful grounds on which we based our processing
  • the types of personal data we have collected
  • the amount and categories of your personal data

Generally, we will hold information relating to a contract, job or instruction for 10 years after the end of the contract or job and other information not relating to a contract will be retained for 1 year following its creation. This will include information and documents relating to unsuccessful job applicants.

 

Website and Cookies Policy

Please see our cookie policy

 

Hotjar

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular device’s IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy by clicking on this link.

You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.

 

Changes

We will keep our Privacy Policy under regular review and you should check back regularly to ensure you are aware of any changes to it.

 

How can you contact us?

If you have any questions or concerns about our use of your personal data, please contact us in writing at Data Protection Advisor, Vickery Holman, Walsingham House, Newham Quay, Truro, TR1 2DP or info@vickeryholman.com

 

Glossary

of Commercial Property Terms

Alienation – Normally refers to the transfer of a leasehold interest in property to another party – e.g. the grant or assignment of a lease, or the granting of an underlease (or sublease). Most leases will require the Landlord’s consent to such a transfer and their costs in considering the terms of the assignment or underletting to be covered by the Tenant.

Arbitration – A method of settling disputes by reference to an independent and impartial third party, usually an arbitrator is appointed by the RICS. Arbitration is essentially an adjudication of the arguments of the parties, and as such differs from Independent Expert Determination.

Assignee – A party to whom a lease has been assigned or transferred by the existing Tenant (the assignor).

Assignment – Transfer of a lease from one party to another. Once a lease has been assigned, the assignee becomes responsible to the Landlord for paying the rent and fulfilling the other obligations of the lease.

Assignor – The existing Tenant who is transferring their lease to another party (the assignee).

Assured Shorthold Tenancy (AST) – An AST is the usual form of residential letting if: you are a private Tenant with a private Landlord, the tenancy began on or after 15 January 1989 or the house or flat is let as separate accommodation and is your main home.       A tenancy will not be an AST if: the tenancy began before 15 January 1989, it is a business or holiday let, no rent or a very high rent is charged or if the landlord is a ‘resident landlord’ (e.g. they let out a room within their home).

Authorised Guarantee Agreement (AGA) – Often put in place when a Tenant assigns their lease, this requires the Assignor to sign an agreement meaning if the Assignee fails to meet their obligations under the lease (including payment of rent) then the Landlord will be able to pursue the Assignor.

Break Clause – A clause in the lease giving either or both the Landlord and Tenant the right to terminate the lease in specified circumstances, normally at a given date within the lease, such as the third anniversary of the start of the lease. It is important to diarise the dates for the break clause as notice will have to be given to the other party stating that they wish to operate the break at the correct time. Most break clauses are time sensitive in that if the date is missed, the right to exercise the break will be lost. Break clauses are often also subject to certain conditions such as all payments being up to date and the Tenant providing vacant possession.

Consumer Price Index (RPI) – Rent reviews within leases can be linked to CPI which is a measurement of consumer inflation produced by the UK’s Office for National Statistics having regard to the price level of a basket of household goods and services.

Contracting Out – An agreement between the Landlord and Tenant that the Tenant will have no right to renew the lease at the end of the contractual term and will not have any right to compensation for the same purpose. This might also be referred to as ‘outside the act’. Both parties agree that the security of tenure provisions of Part II of the Landlord and Tenant Act 1954 shall not apply.

Covenant – The word generally has two meanings: First, in the strict legal sense it refers to a clause within the lease requiring the Tenant (or Landlord) to do something or to refrain from doing something (see Restrictive Covenant). Second, it is used to denote the worth of a Tenant and hence the risk of default, which will have a bearing on the value of the lease.

Dilapidations – In simple terms they represent the exit costs for the Tenant at the end of the lease term. The cost of putting the property back into its original pre-let condition.

Energy Performance Certificate (EPC) – a commercial EPC provides an energy rating for the building which is based on the potential energy comsumption. Services such as lighting, heating and insulation are taken into account. The EPC is accompanied by a secondary Recommendation Report that provides recommendations on how the energy performance of the building could be improved.

Forfeiture – Forfeiture of a lease occurs when the Landlord exercises their right to regain possession of a property where there is a breach in a condition of the lease, or a breach of covenant.

Gross Development Value (GDV) – The estimated value that a new development or property would sell for on the open market.

Gross Yield – A measure of the return on an investment before the deduction of costs associated with the property purchase.

Heads of Terms (HOTs) – A document usually prepared by the Agent setting out the rental or sale agreement between the parties. The HOTs are sent to the solicitors to prepare the lease or sales contract.

House in Multiple Occupation (HMO) – A property where at least 3 tenants live with shared toilet, bathroom or kitchen facilities.

Independent Expert Determination – A process in which a neutral, independent third-party acts as an expert to provide a confidential and binding determination of a dispute. Different to Arbitration as the Independent Expert is not confined to the evidence presented by the parties.

International Property Measurement Standards (IPMS) – International standards providing buildings of different use classes to be measured on a like for like basis around the world.

ITZA‘In Terms of Zone A’ a method of measuring and valuing shops of different sizes and layouts based on the amount of window frontage.

Market Rent – The estimated amount for which a property should let for on the date of valuation, between a willing lessor and a willing lessee on appropriate lease terms in an arm’s length transaction after proper marketing, wherein the parties had each acted knowledgeably, prudently and without compulsion.

Market Value – The estimated amount for which an asset should sell for on the date of valuation, between a willing buyer and a willing seller, in an arm’s length transaction after proper marketing, wherein the parties had each acted knowledgeably, prudently and without compulsion.

Minimum Energy Efficiency Standards (MEES) – New legislation from 1st April 2018 meaning that all properties with EPCs rated ‘F’ or ‘G’ need to be brought up to an ‘E’ rating or above before they are able to be let.

MRICS – A Member of the Royal Institution of Chartered Surveyors otherwise known as a Chartered Surveyor.

Net Internal Area (NIA) – The usable area within a building measured to the face of the internal finish of party walls and taking each floor into account. Excluding toilets, lift rooms, stair wells, entrance halls and corridors.

Net Initial Yield (NIY) – A measure of the return on an investment, the net yield takes the actual costs associated with purchasing the property into account.

Option to Purchase – An agreement made between a landlord and tenant that gives the tenant the opportunity to purchase the property. The purchase price can either be agreed in the lease or determined by a valuation or valuations at the time of purchase.

Party Wall – A shared property boundary. It can form part of a building or a garden wall. You must advise your neighbour if you want to build on or at the boundary, if you want to work on the existing party wall or structure or if you want to dig below and near to the foundation level of their property. A party wall surveyor is appointed to work on a party wall and acts independently on behalf of the wall.

Per Square Foot (PSF) – Often a rental rate or price will be applied per sq ft (or per sq metre) of space. A method used for valuing properties.

Rent Passing – The current rent that is being paid.

Retail Price Index (RPI) – Rent reviews within leases can be linked to RPI which is a measurement of consumer inflation produced by the UK’s Office for National Statistics.

Royal Institution of Chartered Surveyors (RICS) – The world’s leading professional body for qualifications and standards in land, property, infrastructure and construction.

Security of Tenure – The statutory right of a tenant to renew the lease at the end of the term. Part II of the Landlord and Tenant Act 1954 gives business tenants security of tenure. However, this can be opted out of, see ‘Contracting Out’.

Service Charge – The costs incurred by the Landlord for upkeep and maintenance to shared parts of the building or estate, which can be charged back to Tenants.

Stamp Duty Land Tax (SDLT) – A tax that is paid when purchasing property or land over a certain price in England and Northern Ireland. The current threshold for SDLT is £150,000 for non-residential land and properties. A tax is also paid when leasing a property for 7 or more years.

Subletting – Where the Tenant lets part or all of the premises to a Sub-Tenant, as permitted by the terms of the lease. It differs from assignment in that the head lessee remains responsible to the Landlord for the payment of rent and fulfilment of other obligations.

Vacant Possession (VP) – In terms of a break clause or the end of a lease, Vacant Possession requires the Tenant to ensure the property is empty on the day of completion or the break date.

Valuation Office Agency (VOA) – Business premises are assessed by the VOA for non-domestic rating purposes and each property is given a Rateable Value. Your local council uses the Rateable Value to calculate how much is paid in business rates, called the Rates Payable.