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:
||means an account required to access and/or use certain areas and features of Our Site;
||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;
||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 email@example.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?
- 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 firstname.lastname@example.org, or using the contact details below in section 14.
- 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:
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||Used only to collect performance data, with any identifiable data obfuscated
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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.
- 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:
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- 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
14:55 PM, 20th January 2023, About 2 months ago
Reply to the comment left by C CA at 20/01/2023 - 14:46
I wanted to say to tell the council that you will dispute in COURT if the council do not accept what has been agreed under the AST.
17:27 PM, 20th January 2023, About 2 months ago
In general and I think in law, the Landlord of an HMO is responsible for the CT.
However if it was a single family moves in unless you have informed the council of this it is still the landlords responsibility. Look at the T&Cs of your licence.
0:29 AM, 21st January 2023, About 2 months ago
Reply to the comment left by Martin at 20/01/2023 - 17:27
Martin, I think you are completely wrong. My understanding is the OCCUPIER of a property is liable for Council Tax, not the owner. The only time a landlord would be liable is if the property is empty.
0:50 AM, 21st January 2023, About 2 months ago
I have HMOs and let sometimes on joint contracts sometimes on individual room contracts. If it is a joint contract, the tenant (as a group) are billed for council tax directly. When individual contracts, I collect CT from the tenant and pay it to the council. But either way, I always inform council revenue services of who is occupying and if joint/individual contract at the START of the let. And at the end of a joint let, I always check with revenue services to see if there is any CT outstanding before releasing the deposit. Then make sure they have forwarding addresses to chase it, or I'll make the deduction and pay it. For you now at this late stage, if you know where the family are, you should chase them for the missing sum - a letter followed up by money claim online - as you say that was detailed in the contract - they are contractually obliged irrespective of who the council deem responsible. And yes the council are within their rights to pay no heed to the contract, but.. the Licence doesn't make an HMO, just allows you operate one. Planning system is far more relevant. If you have mixed C3+C4 planning consent, that would support your position if it goes to court or tribunal (the mixed use means you can legitimately switch use flexibly).. But if the property is C4 only in planning system, the council have a point. If it's just C3 in the planning system, you have a different problem altogether.
9:48 AM, 21st January 2023, About 2 months ago
Reply to the comment left by Stephen at 20/01/2023 - 11:09
Interesting. We get huge demand for a room for a single person in our HMO's in London
9:51 AM, 21st January 2023, About 2 months ago
Basically it's a s.16 appeal under lgfa 1992. Complaint route is wrong as that leads to ombudsman not valuation tribunal. Should be straightforward really. Send them copy of agreement, tell them that from date on agreement property isnt a himo anymore but single let and wait for them to agree. The fact your property is a licensed himo isn't really relevant here as AST overrides it for ct purposes and their reliance on your himo licence won't stand up at any VT . As other posters here say it is always best to ensure council is notified of tenancy change at time and not to always rely on the tenant to register!!
13:18 PM, 21st January 2023, About 2 months ago
Reply to the comment left by Martin Thomas at 21/01/2023 - 00:29
Council tax liability for owners regs 1992. Prescribes the classes of dwelling whereby the owner is liable not the occupier. Class c- himo.
13:27 PM, 22nd January 2023, About 2 months ago
There is a hierarchy of liability for council tax.
In this instance, you have AST showing it was let to a single family unit, making it their responsibility.
As said elsewhere, never assume tenants will notify utilities or council, so invest an hour of your time to save the grief at a later date.
Paying council tax
This advice applies to England
Council tax is a system of local taxation collected by local authorities. It is a tax on domestic property. Some property is exempt from council tax. Some people do not have to pay council tax and some people get a discount.
All homes are given a council tax valuation band by the Valuation Office Agency (VOA). The band is based on the value of your home on 1 April 1991. A different amount of council tax is charged on each band. Each local authority keeps a list of all the domestic property in its area, together with its valuation band. This is called the valuation list.
The valuation bands are:
Valuation band Range of values
A Up to £40,000
B Over £40,000 and up to £52,000
C Over £52,000 and up to £68,000
D Over £68,000 and up to £88,000
E Over £88,000 and up to £120,000
F Over £120,000 and up to £160,000
G Over £160,000 and up to £320,000
H Over £320,000
Finding out what band a property is in
You can check your council tax band on GOV.UK or you can find it on your council tax bill.
You can also check the valuation list at your local council’s main offices - and it might be available at your local library. There might be a small charge.
If a property is put into a different band, the VOA will write to the council tax payer, informing them of the change. The local council will send them a new council tax bill.
Properties exempt from council tax
Some property is exempt from council tax altogether. It might be exempt for only a short period, for example, 6 months, or indefinitely.
Properties which might be exempt include:
property which has been legally re-possessed by a mortgage lender
property unoccupied because the person who lived there now lives elsewhere because they need to be cared for, for example, in hospital, in a care home or with relatives
property which is unoccupied because the person who lived there has gone to care for someone else
any property that only students or Foreign Language Assistants on the official British Council programme live in - this could be a hall of residence, or a house (if the property is occupied by both students and non-students the property is not exempt but any students in the house are disregarded)
a holiday caravan or boat if it's on a property where council tax is paid
a property where all the people who live in it are aged under 18
property which is occupied only by people with severe mental impairment
a self-contained annexe where the person who lives in it is a dependent relative of the owner of the main property
Who has to pay council tax
Usually one person, called the ‘liable person’, has to pay council tax. Nobody under the age of 18 can be a liable person.
Couples living together will both be 'jointly and severally liable' - this means they are responsible as a couple but also individually. This is the case even if there is only one name on the bill and applies if the couple is married, cohabiting or in a civil partnership.
No one is under an obligation to make a payment until they are issued with a bill in their name or, if they are jointly and severally liable, with a joint taxpayers' notice.
Usually, the person living in a property will be the liable person, but sometimes it will be the owner of the property who will be liable to pay.
The owner will be liable if any of these are true:
the property is in multiple occupation, for example, a house shared by a number of different households who all pay rent separately
the people who live in the property are all under the age of 18
the property is accommodation for asylum seekers
the people who are staying in the property are there temporarily and have their main homes somewhere else
the property is a care home, hospital, hostel or women's refuge
If only 1 person lives in a property they will be the liable person. If more than 1 person lives there, a system called the hierarchy of liability is used to work out who is the liable person. The person at the top, or nearest to the top, of the hierarchy is the liable person. Two people at the same point of the hierarchy will both be liable.
The hierarchy of liability is:
A resident owner-occupier who owns either the leasehold or freehold of all or part of the property.
A resident tenant.
A resident who lives in the property and who is a licensee - this means that they’re not a tenant, but have permission to stay there.
Any resident living in the property, for example, a squatter.
An owner of the property where no one is resident.
19:50 PM, 22nd January 2023, About 2 months ago
You are not liable for council tax. Section 6 of the Local Government Finance Act sets out who is to be determined as the liable party. https://www.legislation.gov.uk/ukpga/1992/14/section/6#:~:text=6%20Persons%20liable%20to%20pay%20council%20tax.&text=(a)if%20only%20one%20of,be%20jointly%20and%20severally%20liable.
Have they obtained a liability order against you? If so you only have a very limited period of time to have it set aside and challenge it.
The fact that you have a HMO licence means you can let to multiple occupiers , it does not prevent you from letting the property to one family unless the HMO licence specifically states that it does.