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 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:
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- 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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- Contacting Us
8:54 AM, 9th March 2016, About 7 years ago
For reference please also see >> http://www.property118.com/tenants-guarantor-dies/65784/
9:49 AM, 9th March 2016, About 7 years ago
It's seems bonkers to enter a joint-tenancy with 5 other people that you presumably do not know very well...
Anyway, as you are all joint-tenants you are all liable for the full rent. They is legally no such thing as "your" rent.
If the rent isn't paid, they can take you (and that means any of you, or all of you jointly including the one who did not move in) to court if they wish.
Usually, they will go after what is perceived as the easiest target.
You have no leg to stand on.
12:49 PM, 9th March 2016, About 7 years ago
The answer is in your question. You are all 'joint and severally' liable, meaning, you are all responsible for making up the shortfall. To imply the agent should make a claim on the estate is rather far fetched, seen as probate takes months, sometimes years to be established.
You would be more sensible to split the deficit between the remaining house members, rather than allow this matter to be brought to the court; you will end up collared with the court fee's as well. You don't have a case, as stated by Romain also.
Charles King - Barrister-At-Law
13:02 PM, 9th March 2016, About 7 years ago
Hi Sam. I presume you have the defaulting tenant's current address and the (former) address of the deceased guarantor. You can ask the court to join the defaulting tenant and the deceased guarantor to the claim for the unpaid rent by filling in a form N244, explaining the situation briefly, and submitting the form to the court asking that they both be named as Defendants (in the case of the deceased guarantor you would have to name them as "The estate of [name] (deceased)". I assume the defaulting tenant signed the tenancy agreement. If so he and his guarantor would usually be liable. If you don't have the addresses it is much more difficult. Also there is a charge for submitting the N244 application - but as you are a student you may be on a low income and entitled to a court fee remission. You won't get a remission if you have recently received a student loan or grant payment, which counts as income. It's rather sad that money obtained by way of loan counts as 'income', but there you are. You may find that the estate would rather discharge the debt than face further delays in the distribution of the estate. Otherwise, as the other commentators have said, joint liability is just that. I hope this helps a bit. The situation is extremely common. Good luck!
13:43 PM, 9th March 2016, About 7 years ago
The five of you now need to view this as though you've had a rent increase mid-tenancy.
20:57 PM, 9th March 2016, About 7 years ago
Others have already given you a blunt assessment. As Charles has said, the problem of students not turning up for the next academic year is common.
I hadn't heard about form N244. If your missing housemate or the executor live in the UK, contact them to explain you have to include them both as defendants. Ask them if they can help you to pay the rent due. The prospect of the court proceedings may encourage the executor if not the tenant to pay some or all of the amount due.
It may help to explain your landlord's view. They have invested money and time in the house, and have decided the amount of rent for the house as a whole - not as a share for each room. The contract is intentionally joint and several to avoid just this situation otherwise the landlord loses income.
For the same reason student house contracts are always for a fixed term so the landlord isn't left with the costs of an empty house until the next academic year starts. You haven't mentioned if your contract is for the academic year. Check it - if it is, you cannot give notice and move out.
If you act quickly, you could still reduce your loss:
- Advertise on student notice boards- important it should be at a low rent. Although you'll be subsidising it, it will save you some money.
- Ask around - the more people who know there's a cheap room going, the more chance someone who needs a room will find out.
- Contact all the college and union accommodation services around. Explain why you're keen. They may have someone who needs a place at short-notice.
You should do all these things now, this week. You might find someone for the start of next term. Good luck.