1.1 In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:
“Cookie”
means a small 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;
“Cookie Law”
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”);
“personal data”
means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by [the Data Protection Act 1998] OR [EU Regulation 2016/679 General Data Protection Regulation (“GDPR”)]; and
“We/Us/Our”
means Franklyn James Limited, a limited company registered in England under company number 03900137 whose registered address is 29 Narrow Street, London, E14 8DP.
2.1 Our Site is owned and operated by Franklyn James Limited, a limited company registered in England under company number 03900137 whose registered address is 29 Narrow Street, London, E14 8DP. Our VAT number is 795817763.
2.2 Our Data Protection Officer is Joanna Socko and can be contacted by email at joanna@franklynjames.co.uk by telephone on 0207 791 1777 or by post at 29 Narrow Street, London, E14 8DP.
2.3 We are regulated by The Property Ombudsman.
3.1 Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
3.2 By using Our Site, you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies are used on Our Site for analytic purposes. For more details, please refer to section 4 below.
3.2 All Cookies used by and on Our Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:
3.3.1 Strictly Necessary Cookies
A Cookie falls into this category if it is essential to the operation of Our Site, supporting functions such as logging in, your shopping basket, and payment transactions.
3.3.2 Analytics Cookies
It is important for Us to understand how you use Our Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Us to improve Our Site and your experience of it.
3.3.3 Functionality Cookies
Functionality Cookies enable Us to provide additional functions to you on Our Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.
3.3.4 Targeting Cookies
It is important for Us to know when and how often you visit Our Site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make Our Site and advertising more relevant to your interests. [Some information gathered by targeting Cookies may also be shared with third parties.]
3.3.5 Third Party Cookies
Third party Cookies are not placed by Us; instead, they are placed by third parties that provide services to Us and/or to you. Third party Cookies may be used by advertising services to serve up tailored advertising to you on Our Site, or by third parties providing analytics services to Us (these Cookies will work in the same way as analytics Cookies described above).
3.3.6 Persistent Cookies
Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit Our Site.
3.3.7 Session Cookies
Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Site until you close your browser. Session Cookies are deleted when you close your browser.
3.4 Cookies on Our Site are not permanent and will expire 365 days
3.5 For more details of the personal data that We collect and use, the measures we have in place to protect personal data, your legal rights, and our legal obligations, please contact our data officer mentioned in 2.2. above.
4.1 Before Cookies are placed on your computer or device, you will be shown a 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 unless those Cookies are strictly necessary; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow and/or deny different categories of Cookie that We use.
4.2 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.
4.3 The links below provide instructions on how to control Cookies in all mainstream browsers:
5.1 We may alter this Cookie Policy at any time. Any such changes will become binding on you on your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.
5.2 In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
6. If you would like to know more about how We use Cookies, please contact our data protection officer as detailed in point 2 above.
This Policy sets out the obligations of FJFS Ltd t/as Franklyn James Estate Agents a company registered in United Kingdom under number 3900181 whose registered office is at 29 Narrow Street, London E14 8DP (“the Company”) regarding data protection and the rights of Landlords, Tenants, Guarantors, Vendors, Buyers, Consumers (“data subjects”) in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.
The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
2. The Data Protection Principles
This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:
3. The Rights of Data Subjects
The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):
4. Lawful, Fair, and Transparent Data Processing
5. Specified, Explicit, and Legitimate Purposes
6. Adequate, Relevant, and Limited Data Processing
The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Part 5, above, and as set out in Part 21, below.
7. Accuracy of Data and Keeping Data Up-to-Date
8. Data Retention
9. Secure Processing
The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 22 to 27 of this Policy.
10. Accountability and Record-Keeping
11. Data Protection Impact Assessments
12. Keeping Data Subjects Informed
13. Data Subject Access
14. Rectification of Personal Data
15. Erasure of Personal Data
16. Restriction of Personal Data Processing
17. Data Portability
18. Objections to Personal Data Processing
19. Automated Decision-Making
20. Profiling
The Company does not use personal data for profiling purposes.
21. Personal Data Collected, Held, and Processed
The following personal data is collected, held, and processed by the Company (for details of data retention, please refer to the Company’s Data Retention Policy):
21.1 Data we collect for landlords:
The above data is collected, held and processed for the following purposes:
21.2 Data we collect for tenants and guarantors:
The above data is collected, held and processed for the following purposes:
21.3 Data we collect for vendors:
The above data is collected, held and processed for the following purposes:
21.4 Data we collect for purchasers:
The above data is collected, held and processed for the following purposes:
22. Data Security – Transferring Personal Data and Communications
The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:
23. Data Security – Storage
The Company shall ensure that the following measures are taken with respect to the storage of personal data:
24. Data Security – Disposal
When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it is securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Company’s Data Retention Policy.
25. Data Security – Use of Personal Data
The Company shall ensure that the following measures are taken with respect to the use of personal data:
26. Data Security – IT Security
The Company shall ensure that the following measures are taken with respect to IT and information security:
27. Organisational Measures
The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
28. Transferring Personal Data to a Country Outside the EEA
The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.
29. Data Breach Notification
30. Implementation of Policy
This Policy shall be deemed effective as of 25th May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
31. Complaints
If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
You can contact them by calling 0303 123 1113 or go online to https://ico.org.uk/concerns
This Policy has been approved and authorised by:
| Name: | Sandeep Chatterjee |
| Position: | Managing Director |
| Date policy approved: | 12th May 2018 |
| Review completed on: | 7th May 2019 |
| Next review date: | 7th May 2020 |
You may print or download such material in electronic form on your local hard drive for your personal and non-commercial use. You may not alter or otherwise make any changes to any material that you print or download including, without limitation, removing any copyright or proprietary notices. All other uses are prohibited including, without limitation, distributing, reproducing, modifying, copying or using for commercial purposes any of the materials or contents of this site. The license to copy also does not permit incorporation of the content or any part of the website in any other work or publication in any form whatsoever.
Let only: 12% of rent (inc VAT)
Includes:
Rent collection: 14.4% of rent (inc VAT)
Includes:
Fully managed: 18% of rent (inc VAT)
Includes:
Additional non-optional fees and charges (irrespective of level of service):
Set-up fee (landlord’s share): £276.00 (inc VAT)
Preparing the tenancy agreement, explaining terms of agreement to tenant and landlord and arranging signatures of both parties.
Inventory, check-in and check-out inspection fees: (all charges are inclusive of VAT)
Upon the landlord’s request we can arrange a full inventory, check-in and check-out inspections of the property and its contents which will be carried out by an independent inventory company at the below cost.
No of beds: Inventory: Check-in: Check-out:
Studio £170.00 £90.00 £90.00
1 bedroom £180.00 £100.00 £100.00
2 bedrooms £190.00 £110.00 £110.00
3 bedrooms £205.00 £125.00 £125.00
4 bedrooms + £220.00 £140.00 £140.00
Deposit registration fee: £90.00 (inc VAT)
This fee is not applicable for properties under the full management service.
Gas safety inspection:
Electrical Installation Condition Report (EICR)
We can arrange for a NICEIC qualified contractor to carry out an EICR and issue a certificate as required by law at the cost shown in the below table. Should the landlord decide to arrange the EICR him/herself we must be in receipt of the report prior to the commencement of the tenancy.
No of beds: EICR* (inc. VAT):
Studio £210.00
1 bedroom £210.00
2 bedrooms £240.00
3 bedrooms £270.00
4 bedrooms + £300.00
*Should the property have more than one consumer unit, the charge will increase by £120 (inc. VAT) per additional consumer unit.
Upon completion of EICR further works might be required to obtain a satisfactory report and a quote will be provided for these.
EPC certificate: £90.00 (inc VAT)
To arrange an Energy Performance Certificate on behalf of the landlord
Additional property visits: £90.00 (inc VAT) per hour
To attend for specific requests such as neighbour disputes, additional visits are required to monitor the tenancy, or any maintenance-linked visit.
Insurance claims: 12% (inc VAT)
This fee is charged where Franklyn James are required to arrange works in relation to an insurance claim. Franklyn James will obtain competitive quotes, inspect the works upon completion and provide a written report to the landlord. The fee is calculated as a percentage of the gross cost of the works instructed and is charged upon completion of the works.
Serving notice: £90.00 (inc VAT)
Where we are required to serve the appropriate notice at the end of a fixed term tenancy or to terminate a periodic tenancy, we will do so subject to receipt of sufficient notice (10 weeks) and payment of the appropriate fee.
Application for property licenses: £474.00 (inc VAT)
Where we are requested to complete and submit a property license application on behalf of the landlord the above fee will be applicable.
Renewal fee
*Various, please see notes
Contract negotiation, amending and updating terms and arranging a further tenancy and agreement.
*Notes – Renewal fees are calculated with a 1.2% (inc VAT) reduction from the original fee charged for the first term of the tenancy, subject to a minimum twelve month period. As an example, if you have an agreement for full management, your fee for this service would have totalled 18% (inc VAT), your renewal fee payment for the second term would reduce to 16.8% (inc VAT). This reduction will take effect upon each renewal of the tenancy (subject to the passing of a twelve month period) to a minimum fee of 9.6% (inc VAT) for full management, 8.4% (inc VAT) for rent collection and 6% (inc VAT) for let only.
Court attendance: £72.00 (inc VAT) per hour
Should we be required to attend court on behalf of the landlord, the above fee will be charged plus any out of pocket expenses incurred.
Cancellations: £220.00 (inc VAT)
Fee is payable to include Credit Reference Fee should the Landlord withdraw from the agreed tenancy (prior to commencement) once the offer letter has been signed by both parties.
Tax remittance: £220.00 (inc VAT) per annum
Where a landlord resides overseas and does not hold a valid exemption from HM Revenue & Customs, we will, as per our legal obligations, deduct tax from the rental income to be remitted to HM Revenue & Customs on a quarterly basis and the above charge will be payable.
Land Registry search fee: £5.00 (inc VAT)
To carry out Land Registry search for landlords who are unable to provide a copy of TR1 form confirming ownership of the property.
If you have any questions on our fees, please ask a member of staff.
Holding Deposit (per tenancy)
One week’s rent. This is to reserve a property. Please Note: This will be withheld if any relevant person (including any guarantor(s)) withdraw from the tenancy, fail a Right-to-Rent check, provide materially significant false or misleading information, or fail to sign their tenancy agreement (and / or Deed of Guarantee) within 15 calendar days (or other Deadline for Agreement as mutually agreed in writing).
Security Deposit (per tenancy. Rent under £50,000 per year)
Five weeks’ rent.
This covers damages or defaults on the part of the tenant during the tenancy.
Security Deposit (per tenancy. Rent of £50,000 or over per year)
Six weeks’ rent.
This covers damages or defaults on the part of the tenant during the tenancy.
Unpaid Rent
Interest at 3% above the Bank of England Base Rate from Rent Due Date until paid in order to pursue non-payment of rent. Please Note: This will not be levied until the rent is more than 14 days in arrears.
Lost Key(s) or other Security Device(s)
Tenants are liable to the actual cost of replacing any lost key(s) or other security device(s). If the loss results in locks needing to be changed, the actual costs of a locksmith, new lock and replacement keys for the tenant, landlord any other persons requiring keys will be charged to the tenant. If extra costs are incurred there will be a charge of £15 per hour (inc. VAT) for the time taken replacing lost key(s) or other security device(s).
Variation of Contract (Tenant’s Request)
£50 (inc. VAT) per agreed variation. To cover the costs associated with taking landlord’s instructions as well as the preparation and execution of new legal documents.
Change of Sharer (Tenant’s Request)
£50 (inc. VAT) per replacement tenant or any reasonable costs incurred if higher.
To cover the costs associated with taking landlord’s instructions, new tenant referencing and Right-to-Rent checks, deposit registration as well as the preparation and execution of new legal documents.
Early Termination (Tenant’s Request)
Should the tenant wish to leave their contract early, they shall be liable to the landlord’s costs in re-letting the property as well as all rent due under the tenancy until the start date of the replacement tenancy. These costs will be no more than the maximum amount of rent outstanding on the tenancy.
If you have any questions on our fees, please ask a member of staff
Important message to our Customers!
The Government has confirmed that Estate Agencies can continue to operate during the period of the second lockdown in England with the housing market to remain open and people allowed to move homes.
The health of our customers, colleagues and communities is of the utmost importance to us and we wish to reassure you that we are doing all we can to keep our customers moving and are adhering to the strict social distancing and health and safety measures as guided by the Government. Therefore, we will be operating behind closed doors with all viewings and visits to our offices by members of the public to be conducted by appointment only.
Register
Register