Privacy Noticehow we handle your information

4Purposes and lawful bases for processing

We process your personal data only where we have a lawful basis under Article 6 UK GDPR. Special category data is processed under an additional Article 9 condition.

4.1 Performance of a contract (Article 6(1)(b))

• Arranging property viewings and valuations
• Negotiating and managing tenancies, sales and purchases
• Providing property management, maintenance coordination and rent collection
• Holding and protecting tenancy deposits in accordance with the Housing Act 2004
• Serving statutory notices and administering tenancies in accordance with the Housing Act 1988 (as amended)

4.2 Compliance with legal obligations (Article 6(1)(c))

• Anti-money laundering and counter-terrorist financing checks under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
• Right to Rent checks under the Immigration Act 2014
• Client-money handling and reporting obligations under our Client Money Protect membership
• Registration and information-sharing obligations with the Private Rented Sector Database under Part 2 of the Renters’ Rights Act 2025, once operational
• Compliance with the non-discrimination, rental-bidding and rent-increase provisions of the Renters’ Rights Act 2025
• Responding to lawful requests from HMRC, the police, local authorities, the courts and other regulators

4.3 Legitimate interests (Article 6(1)(f))

We rely on legitimate interests only where the processing is necessary to operate our business and does not override your rights and freedoms. We have conducted a Legitimate Interests Assessment (LIA) for each activity listed below and will provide a summary on request.

• Managing ongoing client relationships and providing continuity of service
• Instructing contractors and service providers to carry out repairs, maintenance and statutory safety checks
• Communicating with landlords, tenants, guarantors and applicants in the ordinary course of business
• Preventing and detecting fraud, rent arrears, tenancy fraud and unauthorised subletting
• Improving our services, training our staff and quality-monitoring client interactions
• Marketing our own similar services to existing and former clients, subject to your right to object at any time
• Measuring the effectiveness of our advertising, as described in section 5.8
• Responding to, investigating and defending complaints, disputes and legal claims

4.4 Consent (Article 6(1)(a))

• Direct marketing to prospects who are not existing clients (for example, website enquirers who have not transacted with us)
• Non-essential cookies and tracking technologies on our website
• Sharing special category data where no other lawful condition applies

You may withdraw your consent at any time by contacting us. Withdrawal does not affect the lawfulness of processing carried out before withdrawal.

4.5 Summary of purposes and lawful bases

5Who we share your personal data with

We share personal data only where necessary for the purposes set out above, and always under appropriate contractual and legal safeguards. We do not sell your personal data.

5.1 Landlords, tenants, guarantors and applicants

We share personal data between parties to a tenancy or prospective tenancy to the extent reasonably necessary to negotiate, manage or end that tenancy. This includes providing landlords with referencing outcomes and applications, and providing tenants with information about the landlord where required by law.

5.2 Contractors and service providers

We share your name, contact details and relevant property information with contractors and service providers engaged to carry out repairs, maintenance, gas-safety checks, electrical inspections, EPC assessments, inventory check-in and check-out, cleaning and other property-related services. These providers act as independent controllers or processors depending on the service. We share only the minimum data necessary for the instruction.

5.3 Professional and compliance providers

• Referencing providers, including Canopy or equivalent providers used from time to time
• AML and KYC providers, including Lifetime Legal or equivalent providers
• Tenancy-deposit protection-scheme providers
• Legal advisers, accountants, auditors and insurers
• Regulatory and redress bodies, including the Property Redress Scheme, the forthcoming Private Landlord Ombudsman (once operational), Client Money Protect, National Trading Standards, the Information Commissioner’s Office and local-authority housing and licensing teams

5.4 Technology and platform providers

• Property-management and CRM systems (including Reapit)
• Client-money and rent-collection platforms (including PayProp)
• Workflow, automation and productivity tools (including Monday.com, Zapier, Make and n8n)
• Marketing, advertising and analytics platforms (including Google, Meta, TikTok and Looker Studio)
• Hosting, email and communications providers (including WP Engine and our telephony and email providers from time to time)
• Media and embedded services (including YouTube, Vimeo and Google Maps)
• Home Service Setup Providers (including Help The Move, or Ethical Introductions Limited t/a Just Move In)

5.5 Government and statutory bodies

• HMRC, the Department for Work and Pensions and local authorities
• The Private Rented Sector Database (once operational under Part 2 of the Renters’ Rights Act 2025)
• The Private Landlord Ombudsman (once operational)
• The courts and tribunals, including the First-tier Tribunal (Property Chamber) in relation to Section 13 rent challenges
• Law enforcement and regulatory bodies where required by law

5.6 Cross-entity sharing within the Element group

Element Properties Alexandra Park Ltd is part of a group of associated businesses under common ownership, including Element Pro Ltd, which provides related property services such as maintenance, refurbishment and associated works.

We may share your personal data with Element Pro Ltd and other group companies only where it is reasonably necessary for, and directly connected to, the performance of a contract or the provision of property-related services. Each entity acts as an independent Data Controller in respect of its own processing.

Where the factual arrangements between two entities amount to joint controllership under Article 26 UK GDPR, we will put in place an Article 26 arrangement setting out the parties’ respective responsibilities, and we will make the essence of that arrangement available to you on request. We do not rely on an “independent controllers” label to avoid Article 26 responsibilities where the substance of our arrangement is one of joint control.

We will not use personal data shared within the group for unrelated purposes. You have an absolute right to object to direct marketing by any group entity, and a right to object (on grounds relating to your particular situation) to any other processing based on legitimate interests. To exercise these rights, contact us at info@elementproperties.co.uk.

5.7 Sales transactions

In a sales context we may share buyer and seller information with estate-agent counterparts, conveyancers, mortgage brokers, surveyors and HM Land Registry to the extent reasonably necessary to progress the transaction.

5.8 Advertising measurement

We rely on legitimate interests for this processing, on the basis that it is limited to measuring advertising we have already paid for, uses a one-way code rather than your contact details in readable form, and does not result in any decision about you. Your right to object is absolute in respect of direct marketing and qualified in respect of other legitimate-interests processing, as described in section 9.

6Rental bidding, rent increases and non-discrimination

From 1 May 2026 the Renters’ Rights Act 2025 prohibits landlords and letting agents from inviting, encouraging or accepting offers of rent above the advertised rent. We process and retain records of advertised rents, offers received, and offers accepted in order to demonstrate compliance with this prohibition and to respond to investigations by local authorities or redress bodies.

We process and retain records relating to tenant source of income and household composition only for the purposes of demonstrating non-discrimination and making reasonable adjustments, as described in section 2.7. This data is not used in making letting decisions.

Where rent is increased under Section 13 of the Housing Act 1988 (using Form 4A from 1 May 2026), we retain records of the notice served, the supporting market evidence, and the outcome of any referral to the First-tier Tribunal, for regulatory and legal compliance purposes.

7International data transfers

Some of our service providers operate, or store data, outside the United Kingdom. Where we transfer personal data outside the UK we ensure that an appropriate transfer mechanism is in place, including:

• Transfers to jurisdictions covered by a UK adequacy regulation
• The UK International Data Transfer Agreement (IDTA)
• The UK Addendum to the European Commission Standard Contractual Clauses
• Binding Corporate Rules, where relevant

We carry out a Transfer Risk Assessment where required. You may request further details of the safeguards in place for any specific transfer by contacting us at the address in section 1.

12Marketing communications

We may send you marketing communications about services that are relevant to you, including property alerts, market updates and news about the services of Element Properties & Co. and the Element group.

• Where you are an existing or former client, we rely on the soft opt-in under regulation 22(3) PECR and will only market similar services
• Where you are a prospect who has not previously transacted with us, we will obtain your consent before sending marketing communications

You may opt out at any time by clicking the unsubscribe link in any marketing email, by replying STOP to a marketing SMS, or by contacting us. Opting out does not affect our ability to send you service communications required to manage your tenancy, sale or purchase.

13Complaints about our handling of personal data

If you have a concern about how we handle your personal data, please contact us first at info@elementproperties.co.uk so that we can investigate. Our Complaints Handling Procedure is also available on this website.

You also have the right to lodge a complaint with the Information Commissioner’s Office:

14Changes to this Privacy Notice

We keep this Privacy Notice under review and will update it to reflect changes in our processing activities or the law. The version and effective date are shown at the top of this page. Material changes will be notified to you directly where we hold a current contact email.

15Regulatory memberships and authorisations

• Property Redress Scheme — government-approved redress scheme membership
• Client Money Protect — client money protection membership
• Information Commissioner’s Office — registered data controller (ZA242204)
• Appointed representative of Danire Services Limited, which is authorised and regulated by the Financial Conduct Authority