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.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
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||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
||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
||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 firstname.lastname@example.org, 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?
- 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?
- 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?
- 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.
- 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 email@example.com, or using the contact details below in section 14.
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- 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:
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- 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.
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- Contacting Us
11:45 AM, 20th April 2015, About 8 years ago
Unfortunately if ever there was a case where you are going to need professional help I think this is going to be one.
I would definitely recommend you contact Paul Shamplina and his team at Landlord Action who are industry leaders in tenant eviction and have often been on TV documentaries on the subject.
Please see Paul's memeber profile >> http://www.property118.com/member/?id=190
14:28 PM, 20th April 2015, About 8 years ago
"I turned up at the address today hoping that she would have gone, I banged on the door and shouted her name time & time again, nothing so I let myself in."
As Neil says get some professional advice. I suspect the tenant will try to cause trouble about your entering the house uninvited. Given that you called her name out she almost certainly knew it was you but called the police to muddy the waters for you. I would be wary about this sort of person. If she knew it was you, it follows she lied to police about suspecting a burglar and wasted their time. Judge for yourself her character!
I recommend you do not contact her again except on professional advice or she will allege harassment and the judge may sympathise, especially if your "harassment" causes her to have another spell in hospital.
14:32 PM, 20th April 2015, About 8 years ago
I would immediately issue a claim for Accelerated Possession using the original Section 21. Provided the details on it are correct, it has been served correctly and you have proof of delivery. Make sure that all the tenants that have been listed on any tenancy given to her are on the Section 21 and also the claim form. Names and addresses are spelt correctly. Dates are correct.
Given your dealings with her up to this point I'm going to assume she will dispute that she received the notice. If you try to evict using a Section 8 it is likely the CAB will step in and she may get full legal representation and issue a counterclaim, causing serious delays to proceedings.
Get her out using the Section 21 then issue a claim for arrears and any damages through the small claims court if you so wish.
Good luck, hope this has been of some help.
16:10 PM, 20th April 2015, About 8 years ago
I don't think you need to head to Landlord Action as a first port of call, this site does tend to advertise him a little too much! There are many competent eviction specialists out there but there are some basics that need to be covered here.
As a landlord you do not have rights of access once a tenant is in place. You cannot let yourself in at will. As you were not arrested at the scene then the matter will not be going any further from the police perspective. However, as commented on above, it 'could' become an issue in terms of mitigation for defense.
If persons named on the AST have not surrendered their tenancy according to the AST then they are still deemed to be tenants. Therefore notices must bear the names of all parties involved. Ensure the basics are checked. Spell all names correctly as per the AST do not be tempted to abbreviate. Ensure your name and address are correct on both the AST and the notice.
Serve the notice by hand with a witness and best practice is to take photographs with date stamps on them to prove delivery. Ensure you have allowed time for "deemed service" in the service time on the notice so section 21 add a couple of days on to ensure the court won't rule against you for insufficient time. Always serve a copy of the AST, rent table, deposit certificates/PI docs with the notice.
I see mention of a council bond. Good luck with that one! not worth the paper they are written on. Not classed as a deposit as no monies have physically changed hands.
Commentators are correct in mentioning the worst named title in the history of law the 'accelerated procedure'. If you try an pursue the section 8 route it will complicate matters for re-homing them using the local authority. the councils tend to favor re-homing people who are evicted under the 'no-fault' basis. what is never mentioned is that authorities do have a duty to prevent homelessness and therefore cannot pick and choose their tenants unless they are a criminal nuisance.
Be prepared for an eviction that will last approximately 5 -6 months dependent on the court workload. Use PCOL for the online application. DO NOT mention the arrears as you are not experienced enough to carry that one off. no disrespect. Actually, forget the arrears the debt recovery system in this country is woeful, i use the euphemism of a "toothless tiger", sounds really scary but has no bite! CCJ not worth the paper they are written on, no body can force a person to pay so whats the point of spending further money to find out months down the line that you won't get the money back. My experience is about 5% of ALL debt recovery action results in a successful collection of monies. I'm sure bailiffs and other companies will counter that claim but of course they will, they want your business! You only have to listen to the radio to hear finance companies mentioning that they accept people with CCJ's!!!!
If you use an eviction specialist it will cost approx £1000+ if you do it yourself it will cost approximately £300 - £400. Note the court fees are due to increase imminently.
Don't worry too much about the " I didn't receive it" defense. It must be the most popular defense out there! as long as you can prove it was delivered TO THE PROPERTY, not the tenant, you will be fine.
16:10 PM, 20th April 2015, About 8 years ago
Remember as the husband (or maybe ex by own) is still on the AST you can go after him for all the unpaid rent once you have got her out!
If I was you I would be on the phone to Landlord Action, rather then reading this comment. (Then use a high court enforcement officer, as they are quicker.)
Renovate To let
21:27 PM, 20th April 2015, About 8 years ago
Equally, the ex still on the J&S AST can serve you 1 month written notice and end it (as its now a periodic tenancy). At the expiry of this notice, you can go straight for possession if she fails to leave.
I would go and talk to him, mention the new resident boyfriend and that the ex is still jointly liable for her increasing debts.....notice might quickly follow.
8:26 AM, 21st April 2015, About 8 years ago
wayne carson brilliantly put
9:32 AM, 21st April 2015, About 8 years ago
But the "ex" will then have to double rent until the property is empty....
10:23 AM, 21st April 2015, About 8 years ago
I'm Sorry Ian, you seem to miss the point about debt recovery. If the tenant has no assets or no money, is on low income or no income (benefits do not constitute earnings) then how do you expect ANY form of civil enforcement to achieve a successful result? No assets means no recovery Bailiffs do not have a power of entry as say a police officer does under common law, Pace act 1984 or Criminal Justice act yes i am an ex police officer. All a tenant has to do is ignore and not interact. How do you expect a bailiff to recover anything when confronted with this? Put yourself in their shoes, they are a commercial enterprise and will tire of a needless and non-profit making cause.
So with all of the free advice for tenants CAB/ Shelter/ debt management advising said tenants on their "rights" you are encouraging a landlord to spend money needlessly or frivolously. My advice for what it's worth based on 5 years experience running a company that assists in evictions/debt recovery and 10 years as a front line police officer alongside a law degree.
The interaction with the tenants invites claims of Harassment pursuant with the Protection from Harassment act 1997 S1. A criminal offence triable either way. Risky advice at best. Tenants love to spout the Harassment line, as if they are all movie stars getting papped every day!
As a landlord myself i have been in a similar position and my mantra is remove the tenants, move in better ones, worry about the monies later, you have 6 years after all to recover debt. Generally due to my opinions of the "justice" system in this country I tend to write off the debt, painful as that is, I cover myself with correct and adequate insurances both for the tenant and my property/tenancy. Since i have adopted this approach the loss are running at the lowest since entering the property investment market.
Oh, by the way site administrator can you change the text input to UK English and not American English, the running spell checker is doing my head in!
10:33 AM, 21st April 2015, About 8 years ago
I am assuming that the "ex" is in employment.