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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- 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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- 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.
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- 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
15:44 PM, 9th May 2017, About 6 years ago
Speak to your solicitor. Assuming the flat is in good condition it makes me angry when councils do this as so many properties are no better than shxx holes and they should concentrate on those properties - having said that 5 people sharing 1 bathroom is not ideal
15:59 PM, 9th May 2017, About 6 years ago
I have no idea. The councils have too much power, make their own rules and do whatever they like.
You could just buy a licence - on line perhaps - and keep writing "sorry I made a mistake , I didnt intend to cheat. "
Send a couple of good character references
In as well and let them know you haven't been getting all the rents .
I hope your buyer will hang in there. Maybe his solicitor could write something to the council - and your GP re the stress they are causing which is upsetting your whole family (due to their anti-social behaviour!)
Licences are quite new and they make the rules up as they go along ! I'm sick of the whole business . You have my deepest sympathies . Best of luck!
16:24 PM, 9th May 2017, About 6 years ago
I've had a lot of dealings with Camden in many departments and I know for sure that they don't move their stumps unless someone is really rattling their cage. I don't know how long you've been running this flat but if Camden wrote to you 3 months ago you have to take some responsibility for this - and I'll put money on someone having made a complaint and kept at if for a long time prior to this. Camden are the laziest council (Lambeth not far behind). If they are after you - someone else is too, like a disgruntled neighbour or even one of the tenants.
You need legal advise now - don't try and do this without, Camden will have an automated legal system for this.
16:40 PM, 9th May 2017, About 6 years ago
I don't think they can stop the sale going through.
But they can prosecute for an unlimited fine, criminal record and a rent repayment order for up to 12 months of the rent.
Buy a license now before they prosecute as it is unlikely you will be classed a fit and proper person afterwards.
Minimum HMO standards here;
17:22 PM, 9th May 2017, About 6 years ago
Good comments above. Why not start and apply for the license, making sure that Camden know this, putting your hands up, and try to exchange and complete urgently...If you are working on this with the purchaser it will help the purchaser too. Hopefully you can halt the application before too long. Somewhat depends on how much work there is to do to make it pass (fire alams, doors etc) Room sizes may be a problem too.
18:44 PM, 9th May 2017, About 6 years ago
I don't know Camden's rules, but in my area, you wouldn't get a HMO licence as the property does not meet the minimum HMO licence conditions for 5 residents. Even if you have all the correct fire doors, thumb turn locks, fire alarm systems, protected escape route, right sized rooms, etc, and the property meets all other HMO requirements and is in excellent condition throughout, you still won't get a licence as you need to provide at least two toilets if five residents living there (number of people living there, NOT number of rooms, i.e. if one room is let to a couple then that is six residents, so then you have to provide another bathroom, not just an extra toilet).
As you are about to be prosecuted, for a serious breach of HMO regulations, I also imagine that the Council will not grant you a licence as they may not consider you to be a fit and proper person.
I would suggest that you need to sell this property quickly. If you want to carry on running it as a HMO then you would need to reduce down to four residents only (or install an extra toilet or bathroom), and bring the property up to the HMO standards in all other ways. I would suggest that you obtain a copy of the Council's HMO standards (my local council produce a guidance booklet), and study it carefully so that you know what the requirements are for a HMO and for a landlord to obtain a HMO licence.
I don't think the Council could stop you from selling the property, but they can continue to prosecute you. They could also issue a rent repayment order, which basically means that you would have to repay all the rent you have received (repay to the tenants, or to the Housing Benefit Dept), so this could cost you a huge amount (plus you could be fined as well).
You need to get some specialist legal advice, and get it straight away. If your finances are already stretched then you may also need to seek some advice about bankruptcy (and don't forget to include your s24 tax liability, which HMRC won't even ask for until next year, but the liability is already building up).
21:11 PM, 9th May 2017, About 6 years ago
One other thought - it sounds like you have a near 7 figure mortgage on the property. Are you in breach of any of the conditions? A conviction for running an unlicensed HMO might make the mortgage immediately repayable, so again, I would suggest selling quickly.
22:38 PM, 9th May 2017, About 6 years ago
5 to one bathroom is the legal limit though (or used to be)
7:03 AM, 10th May 2017, About 6 years ago
Talking of HMO sillyness, I had 3 tenants in a large house in Newham. I had a selective licence the house has 3 toilets, 2 bathrooms and 5 beds Because of the 3 tenants (different names, not family ) they sent me a warning to remove the tenants from the house . I had had the same tenants for 7 years when I had reviewed the Initial regulations, I considered it not to be an HMO because it had less than 3 floors, 1 kitchen and only 3 renters. Newham classed me as running an HMO! They even wrote to my lender! I appreciate your situation is different but I'd try and obtain the correct permission. Councils are just looking to earn extra revenue so u must take legal advice. Would be good if anyone on the forum can recommend specialist HMO Solictors?
12:12 PM, 10th May 2017, About 6 years ago
Hello everyone thank you so much for all your help and comments. Yes i'm in serious situation here, The falt itselft is clean and tidy and the rooms are ALL doubles - but yes there is 1 bathroom WC - 1 toilet WC, but a friend also suggested that I can put a SHOWER unit and take out the bath in the toilet which will allow a TOILET to be installed in the bathroom so in effect 2 toilets.. Also yes i'm in breach with lenders hence why i'm selling quickly as I've made arrangements with them and now know that I just cannot afford this to keep this flat which was our family home for 26years. We've only been renting it since 2013. As a HMO for 17months. In anycase what more can I say people YES I've messed up big time. My plan is to sell this and clear up all my debts and just think that maybe one day i'l look back and think how could I I have got myself into this situation in such a mess.
I will inform the lenders that i'm selling this flat - (is this a good idea) as I may struggle to pay the coming months payments. One of the lenders who has a second charge on the flat previously threatened to appoint a LPA RECEIVER when the other non-paying tenant drove all my other tenants out and I was left receiving no rent. I fell into arrears of 2months with them and thus cleared that but now again i'm going to struggle going forward. Lender is Together. Oh gosh what a mess. Thank you all and if someone can recommend a solicitor who is good at dealing with HMO non-licencing cases I would appreciate it. I will apply for the licence today and see about the extension in anycase.
Thank you all.