Privacy Policy
BACKGROUND:
Property118 Ltd understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website,
www.property118.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site
. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
| “Account” |
means an account required to access and/or use certain areas and features of Our Site; |
| “Cookie” |
means a small text 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. Details of the Cookies used by Our Site are set out in section 13, below; |
| “Cookie Law” |
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
| “personal data” |
means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and |
| “We/Us/Our” |
Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. |
- Information About Us
- Our Site is owned and operated by Property118 Ltd, a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- Our VAT number is 990 0332 34.
- Our Data Protection Officer is Neil Patterson, and can be contacted by email at npatterson@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.
- What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
- Your Rights
- As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
- The right to be informed about Our collection and use of personal data;
- The right of access to the personal data We hold about you (see section 12);
- The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
- The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
- The right to restrict (i.e. prevent) the processing of your personal data;
- The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
- The right to object to Us using your personal data for particular purposes; and
- If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
- For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
- What Data Do We Collect?
Depending upon your use of Our Site, We may collect some or all of the following personal data (please also see section 13 on Our use of Cookies and similar technologies):
- Name;
- Date of birth;
- Address and post code;
- Business/company name and trading status;
- Number of properties owned;
- Accountants details;
- Contact information such as email addresses and telephone numbers;
- Proof of residence and ID;
- Financial information such as income and tax status;
- Landlords insurance renewal dates;
- Property Portfolio details such as value and mortgage outstanding;
- How Do We Use Your Data?
- All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
- Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
- Providing and managing your access to Our Site;
- Supplying our products and or services to you (please note that We require your personal data in order to enter into a contract with you);
- Personalising and tailoring our products and or services for you;
- Replying to emails from you;
- Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by the unsubscribe link at the bottom of all emails;
- Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience;
- Provide information to our partner service and product suppliers at your request.
- With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and or telephone with information, news and offers on our products and or We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
- You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
- We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
- Member profile information is collected with your consent and can be amended or deleted at any time by you;
- Anti-Money Laundering information and tax consultancy records are to be kept as required by law for up to seven years.
- How and Where Do We Store Your Data?
- We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
- Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using our site and submitting information to Us. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR
- Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
- Do We Share Your Data?
- We may share your data with other partner companies in for the purpose of supplying products or services you have requested.
- We may sometimes contract with third parties to supply products and services to you on Our behalf. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
- We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
- In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
- What Happens If Our Business Changes Hands?
- We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
- How Can You Control Your Data?
- In addition to your rights under the GDPR, set out in section 4, we aim to give you strong controls on Our use of your data for direct marketing purposes including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails.
- Your Right to Withhold Information
- You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
- You may restrict Our use of Cookies. For more information, see section 13.
- How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at info@property118.com, or using the contact details below in section 14.
- Our Use of Cookies
- 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/OR 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.
- All Cookies used by and on Our Site are used in accordance with current Cookie Law.
- Before Cookies are placed on your computer or device, you will be shown a cookie 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; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
- Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.5. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.9, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
- The following first party Cookies may be placed on your computer or device:
| Name of Cookie |
Purpose |
Strictly Necessary |
| JSESSIONID |
Used only to collect performance data, with any identifiable data obfuscated |
No |
| __cfduid |
This cookie is strictly necessary for Cloudflare's security features and cannot be turned off. |
Yes |
- Our Site uses analytics services provided by Google Analytics and Facebook. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products AND/OR services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
- The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
- The analytics service(s) used by Our Site use(s) the following Cookies:
| Name of Cookie |
First / Third Party |
Provider |
Purpose |
| __utma, __utmb, __utmc, __utmt, __utmz |
First |
Google |
Helps to understand how their visitors engage with our website |
| _fbp |
First |
Facebook |
Helps to understand how their visitors engage with our website |
- 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.
- You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
- It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
- Contacting Us
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at info@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).
- Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
MattH
14:28 PM, 7th December 2020, About 3 years ago
Reply to the comment left by Freda Blogs at 22/10/2020 - 12:08
Hi Freda,
Thanks for the reply. As above, I have instructed a solicitor to handle this as I have received legal letters from the freeholder's solicitor now. The lease agreement is no service charge and peppercorn rental (so too small to collect). The agreement is silent on a lot of points although it does say his permission should have been given to erect the conservatory but as above it was put in 2014 and I only bought the bottom flat last year (2019) with it on. It also looks like the freeholder moved address in 2013 so I am not sure how anyone is meant to be able to contact him.
MattH
14:33 PM, 7th December 2020, About 3 years ago
Reply to the comment left by Ron H-W at 22/10/2020 - 12:26
Hi Ron, Thanks for the reply. The leasehold is no service charge and a peppercorn rental (so too small to collect). The agreement is silent on a lot of things but does say permission should be sought to erect the conservatory. It was put up on 2014 by the previous owner and I only purchased the bottom flat last year 2019. As mentioned on some other replies, it looks like the freeholder moved in 2013 from the address on the land registry so I am not sure how anyone is meant to be able to contact him? No one on the estate, knows this man or has his contact details. He has just turned up out of nowhere but according to the leasehold, he is the freeholder. I understand the council tried to contact him in the last 12 months as there was a large tree on the grounds that needed cutting down but they could not reach him (as per the old address) and all the residents and flat owners had to chip in to get a private firm to cut it down. As mentioned, we all look after the grounds ourselves and chip in for any work that needs doing as the freeholder has been absent and unreachable.
MattH
14:37 PM, 7th December 2020, About 3 years ago
Reply to the comment left by BernieW at 26/10/2020 - 14:18
Hi Bernie,
There is no service charge and its a peppercorn rental (so too small to collect). The lease agreement is silent on a lot of points but does say permissions should have been given for the conservatory to be put up. It was put up in 2014 but the previous owner, prior to my ownership. The chap has been absent for at least 10 years, no one knows him on the estate and he does not look after any maintenance or has anything to do with the flats. He has just turned up from nowhere exercising his rights as the freeholder.
Freda Blogs
14:55 PM, 7th December 2020, About 3 years ago
Reply to the comment left by MattH at 07/12/2020 - 14:28
Hi Matt
Ask your solicitor about whether FH has 'acquiesced in the breach' of the conservatory - you may need to put together a timeline of events) and/or if he can be 'estopped' from taking action (doctrine of estoppel). Again, more facts, especially re timings may be required.
MattH
15:03 PM, 7th December 2020, About 3 years ago
Reply to the comment left by Freda Blogs at 07/12/2020 - 14:55
Thanks Freda.
Its a bit of an awkward one as I only purchased the bottom flat with the conversatory last year and it was put up in 2014 by the previous owner so it has been up over 6 years now. I dont know if permissions were sought at the time but again if the freeholder moved in 2013 and didnt update the leasehold title, i am not sure what the old owner could have done to reach him for permission. I have recently discovered that the freeholder turned up at the end of 2018 when the bottom flat was first put up for sale and raised the issue over the conversatory with the previous owner at the time. I believe he tried to buy the flat but for whatever reason it fell through, and I ended up buying it at the end of last year. So the FH has known about the conversatory for at least 2 years now so I am not sure if this estoppal will be valid in my case as he threatened legal action with the previous owner, tried to buy the flat and now taking legal action against me as the new owner. Its a bit of a complicated one!
Puzzler
10:53 AM, 14th December 2020, About 3 years ago
What legal action is he taking? Is he applying for an injunction to prevent letting? This will affect the other landlord so recruit him or her if you can
Is he asking for the conservatory to be removed? Is he trying to claim a fee for consent?
What does it say in the lease on these matters?
Why was none of this raised when you bought either property, the first being 2011, where was the freeholder then and who did the seller packs? Your solicitor should have gone through the lease and told you about any points that might be of concern, particularly about sub-letting as I presume they knew that was your intention?.
From what you have said so far I am not sure why solicitors have been engaged at this stage but if you could answer the above it might make more sense.
MattH
14:41 PM, 14th December 2020, About 3 years ago
Reply to the comment left by Puzzler at 14/12/2020 - 10:53
Hello Puzzler,
Thanks for the message. I received a letter from his appointed solicitor asking for me to either buy the land the conservatory sits on, rent the land or take it down. It said he would prefer to settle rather than go to court. I appointed a solicitor to respond as I dont want to take any of these options really. The conservatory has been up 6 years and the freeholder has been aware of it at least 2 years but never taken action against the previous owner. I have only owned the bottom flat just over 12 months. The lease does say permission should be granted to erect a conservatory but the freeholder has been absent for several years and also moved address from what I understand so not sure how consent could have ever been granted. On the subletting, I purchased the property with a tenant already in there and most of the flats on the estates are rented although the lease does say the flats are only to be resided in by the owner or there family. As mentioned freeholder has been absent for 10 plus years so never envisaged any issues with this. He has not asked for an injunction at this point, merely just saying the flats shouldn't be rented. The freeholder is more concerned with the conservatory at the moment and has only touched briefly on the renting side in the 2 solicitor letters so far...
Landlord Phil
20:54 PM, 14th December 2020, About 3 years ago
This all sounds a bit fishy to me. The one important thing you don't know is what his ulterior motive is. After 10 years of not giving a monkeys he suddenly appears and becomes the big I am. I wonder what's going on, he can't suddenly be interested. What's changed, or what change is he planning? I think you are doing the right thing. Keep it with your solicitor. It sounds like a trap is being laid that is designed to somehow benefit this fella. The good thing is, that the no evictions rule will work in favour of the residents for now, but it won't be there forever. Just don't let the law firms drag their feet.
Puzzler
8:41 AM, 18th December 2020, About 3 years ago
Hi Matt
Can you describe the property please? how many flats are there? does the conservatory sit on what should be a communal area or in the area assigned to your flat? Assume the first since he is offering to sell it but could you confirm?
All these things should have been made known to you when you bought, by your solicitor as clearly you might not have gone ahead.
MattH
13:22 PM, 23rd December 2020, About 3 years ago
Reply to the comment left by Puzzler at 18/12/2020 - 08:41
Hello Puzzler,
Thanks again for the reply. Its a building with 6 flats split into 3 bottom floor and 3 top floor. They are all separate with separate entrances, stairways and gardens. Only communal area is at the back of the flats. The conservatory apparently sits on land that belongs to the freeholder and is not included in the leasehold agreement. Its only a small lean to conservatory (about 11ft by 5ft). I was not aware of this and my solicitor has said he wasn't either at time of sale. When I purchased the flat, I was made aware the conservatory had been erected without the freeholder's permission as he was an absent freeholder. The previous owner told me this himself who said the freeholder had turned up unannounced one day in 2018 when he put the flat on the market for sale (similar to my current situation) to inform the previous owner it had been put up (the conservatory) without his permission and he threatened legal action at the time with the previous owner. As a result, I got an insurance policy set up by the seller's solicitor. It was a breach of covenant insurance to cover me in the event that the freeholder turned up again one day (as he now has). I thought this protected me however it turns out the seller's solicitor didn't do their homework as the policy is useless as the conservatory sits on land that the freeholder owns and is not included in the leasehold agreement! As a result, the claims firm declined my claim on the policy much to my surprise and disappointment. So in answer to your question, I was aware at the time of sale the conservatory had been put up in 2014 without the freeholder's permission and he threatened legal action in 2018 against the previous owner but i thought the restrictive covenant insurance would protect me but it has not, hence I have had to instruct a solicitor. Thanks Matt.