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 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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- 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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- 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
19:15 PM, 15th April 2013, About 10 years ago
Sounds familiar Carol, I have a post on here called taking a tenant to court over condensation, there are quite a few comments on it so it would be worth your while reading it, my tenant did settle with me 1 week before court (10 days ago) Does it say in your AST damage caused by condensation is the responsibility of the tenant? Do you have an inventory? Do you have photos of the damage? Do you have quotes to prove how much the damage will be to repair? Can you prove you educated them on the causes of condensation and mold and what not to do ie.. copies of emails texts or letters or witnesses? I am lucky my tenant settled because the whole process from start to finish took about 9 months and a lot of man hour on my part, my tenant owed me 3k so I stuck with it but to be honest if was 1k or les I don't think I could be bothered to do it all again in the future!
3:20 AM, 16th April 2013, About 10 years ago
Crikey that is a eye opener.
I normally issue a S 21 about 3 months into a 6 month AST.
I think I will now do it as soon as the tenant has signed the DPC and PI etc.
It doesn't look good for you if the PI wasn't given to the tenant.
Yes you do need to seek possession.
These tenants UNLESS they have surrendered the tenancy by handing keys back to you and signing a surrender document; means these tenants could return and state you have illegally evicted them.
When asked where they have been and paid no rent; they say not our problem, we went on a long holiday and are not going to pay rent so you will have to evict us.
The LL; YOU are well and truly stitched up.
NO PI; means 4 times the deposit and the deposit most probably; though apparently judges are not give full 4 times deposit in a case such as yours.
Your non-rent paying tenants are legally entitled to stay in the property until evicted and they don't have to pay rent.
You can try and pursue them after evicted; chances of..................................NOT good.
Unless perhaps you get Mark's debt recovery people on the case.
You are in dodgy territory.
You could take a risk and relet but you should still pursue a court action for possession; just incase your dodgy tenants try to reoccupy.
Not that I am any paragon of virtue over past BIG mistakes I have made; but are you saying you did not take at least 1 month rent in advance!
Did you NOT put utilities in their name or were you charging an inclusive rent.
If not inclusive you aren't liable for utility bills; but you must have advised of the tenant's names to the utilities!
I would issue a S21 and S8.
You could on a S8 only have to wait 14 days before you apply for a PO.
Make sure you take a witness and photo of you putting the S 8 and S21 in the rental property letterbox or some would suggest send 2 copies of each from different Post Offices with receipts of posting.
I reckon you are in for a costly experience and think you should get Landlord Action to do all this for you.
Yours is NOT a simple case!
Mark Alexander - Founder of Property118
7:08 AM, 16th April 2013, About 10 years ago
I agree, Paul Shamplina from Landlord Action is your man for this job
7:53 AM, 16th April 2013, About 10 years ago
Just a quick note but the penalty is up to 3 times the deposit, not 4 (as well as the return of the deposit). See below.
Most tenancies will be assured shorthold tenancies. If so deposits must be protected under a government authorised tenancy deposit scheme within 30 days or penalties apply. Tenants can claim the return of the deposit plus a 'fine' of between one and three time the deposit sum, and you will not be able to use the section 21 procedure to evict.
11:38 AM, 19th April 2013, About 10 years ago
condensation is a huge issue and often misdiagnosed. many dpc's are unnecessarily injected. liability for condensation depends on cause. if due to tenants lifestyle then it is tenants liability. if due to landlords default eg ch breakdown then its the landlords. s.11 landlord and tenant act 1985 is crucial and cannot be contracted out of, so you cannot exclude all condensation by the TA wording.
12:49 PM, 19th April 2013, About 10 years ago
I am sorry to say this...
In this situation you need Possession and your best option might be to write off the rent and utility bills if they email to say that they have left the property.
The fact that you did not send the prescribed information leaves you vulernable to 400% of the deposit (deposit plus 300%) Courts are awarding this and there was a case last year where just one sheet was missed from the PI and the judge awarded the full 400%. By taking them to court you are risking them taking legal advice and going after you.
You cannot use S21 because you did not give them the PI.
Section 8 would be your only option but again you are risking them getting legal advice.
If the tenants email to give you Possession this is the quick and easy answer to re-letting the property BUT the potential for them to go after you for not serving the PI will hang over your for the next 6 years.
I know that this is not fair but it is the law.
Follow me on Twitter@landlordtweets
23:00 PM, 20th April 2013, About 10 years ago
If you think the tenants have left you can attend the property with a witness, knock and if unanswered you may enter the property to ascertain if they have vacated? If the property is devoid of All their personal possessions then you can change the locks and take back possession of your property on the basis that they have abandoned the property without notice. Prepare a statement (this must be very accurate, stating day, date and time of entering) and you and your witness should sign this and place in the tenants file. you can if you want to make absolutely sure swear an affidavit for the file but this may only be necessary if the tenants come back seeking possesson. If they have removed any of your items or furniture then call the police as this is a criminal offence. Over the years I have had many incidents of this: one where I inherited a tenancy where the tenants were living somewhere else and sub-letting the property for a profit. Once I discovered this I stopped accepting the rent. My difficulty was trying to find out who was actually in the flat, I called on many ocassions and finally met them, explained the situation and confirmed I would be seeking possession, I advised them not to pay their 'Landlord' the next months rent to ensure they have their deposit and seek alternative accommodation immediately as once possession was given their situation would not be a factor in the possession. They told me when they were vacating and I took back possession on the basis of abandonment. A week later I had a visit from the original tenant seeking possession, i explained that the week before his tenants had abandoned the property and I had taken back possession of the flat. He wasn't a happy bunny he said he would see me in court and I told him I would be delighted to meet him there to seek all the stopped rent and damages he owed but nonetheless possession was recovered because the property was left vacant. I never heard from him again. On the other ocassion I visited to check if tenants had left following an order for possession but prior to getting a bailiff and found they had stolen the furniture, even the boiler etc. Silly folks left a letter with their new address, subsequently the police raided their new flat, the inventory proved some of the items were ours (not too generic) and they were both convicted of theft. She was midwife and subsequently lost her job..... In court they tried to claim disrepair of a window lock was the cause of the theft AFTER they left? Thanks to the Judge and a quick dash to the office for my maintenance records I proved this was incorrect, just goes to show record keeping at all costs.
Mark Alexander - Founder of Property118
23:48 PM, 20th April 2013, About 10 years ago
Marie, I am certain that what you have described above is an illegal eviction, the consequences of which could have been dire if your tenant had taken you to court. Two wrongs does not make a right. Two wrongs do not make a right. You were lucky to get away with it.
1:08 AM, 21st April 2013, About 10 years ago
Maybe so Mark but sometimes you have to go with a gut instinct. I inherited the problem, the only information I had on the 'actual' tenancy was the contract, a name and the rent by standing order. I had stopped accepting the rent as soon as I discovered the sub-letting and had started proceedings and took advice from my solicitor in respect of abandonment. I was advised to change the locks and the outgoing sub-tenant gave me the keys, for all I knew he could have been the tenant. Lucky yes but ultimately the situation had gone on for some years before I took over management and the 'actual' tenant realised the game was up. It wasn't an overnight thing, large arrears had built up, there was a lot of damage and all personal items had been removed. I would never intentionally break the law, had the 'actual' tenant asked for access, on advice I would have given him the keys but he failed to do so, he accepted the situation maybe because it transpired he wasn't even living in England anymore and only returned to organise a 'new' tenant. I imagine he was operating several of these sub-letting arrangements that allowed him to live comfortably abroad, In hindsight I would not have done anything differently on that occasion given the history and knowledge to hand at the time.
Mark Alexander - Founder of Property118
10:08 AM, 21st April 2013, About 10 years ago
@Marie, it was the advice to Carole which concerned me as it was bad advice