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.
- 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:
|Name of Cookie
||Used only to collect performance data, with any identifiable data obfuscated
||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.
- 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:
|Name of Cookie
||First / Third Party
|__utma, __utmb, __utmc, __utmt, __utmz
||Helps to understand how their visitors engage with our website
||Helps to understand how their visitors engage with our website
- 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
18:49 PM, 6th January 2023, About 3 months ago
Reply to the comment left by eagle view at 06/01/2023 - 11:53
I thought it was 6 months of council tax not two. Big difference. Did I miss something or is my maths not up to scratch any more?
9:55 AM, 7th January 2023, About 3 months ago
Usually, whenever any of my tenants have left by themselves, irrespective of their contract or AST, I do not make anyone's life hard, so be it that a tenants wishes to leave 6 months earlier than the AST specifies, I resume full responsibility for my property until it is re-let, however most councils will give you up to 2 months to do any repairs or make over if required as long as it remains substantially unfurnished and empty.
Apart from technicalities, as this may not involve several thousand pounds of loss, I would not bang my head against the council, but seek 2 month's grace that most councils provide and pay the 4 months and move for peace of mind.
I take it the property had not been rented out to any new tenants after the first ones left earlier, otherwise the new tenants would have been paying the council tax and this issue would not have arisen. .
10:08 AM, 7th January 2023, About 3 months ago
Reply to the comment left by Layla . at 06/01/2023 - 17:13Hello Layla,
If you think you are same life situation with the tenant then that is fine. Your only good landlord if you can withstand changing market conditions and rental / council tax voids. Most councils do accept the laibility of the tenant if show them a proof.
13:52 PM, 7th January 2023, About 3 months ago
You have the AST which proves the tenant had liability. For the LA to win at any tribunal, they will have to have a document or other evidence that you had accepted an early surrender. Just because another tribunal accepted the word of the outgoing tenant, does not bind the judgement of your tribunal. I cannot imagine how the council could have any admissible evidence of your early surrender if you didn't give it. The outgoing tenant isn't likely to give evidence at your tribunal, especially to tell an untruth.
That said, councils have unlimited funds and are not afraid to use taxpayers money to take small landlords to Court. You have to ask yourself whether you can be bothered with the fight, and might be better off just getting the property re-let.
PS, you cannot take unpaid council tax from the tenants deposit unless this was a term of your AST and referred to within the Prescribed Information relating to the Tenancy Deposit
14:11 PM, 7th January 2023, About 3 months ago
OP doesn't say anything about rent collection efforts for vacant 6 months nor the manner of the tenants departure. I'd say if the tenants handed back keys in a civil manner giving a forwarding address and LL made no effort after that to collect rent then it was reasonable for the tenant to tell the tribunal that the tenancy early ended by agreement - even if that was not on terms the LL would generally consider fair.
16:10 PM, 7th January 2023, About 3 months ago
Part of any legal process is "Discovery" where all parties disclose relevant evidence.
I have had a slightly similar case with a disappearing tenant.
The council also refused to disclose evidence they had, mine did not go to a tribunal so I was just was dealing with the Council tax team and their legal department.
We had lots of letters and phone calls being exchanged and in the end wrote a detailed letter to the department, copying it direct to the Head of CT, Head of Legal and the Chief Exec. I again asked for all of the evidence to be supplied. I received a response threating legal action, which they failed to copy to their departmental heads and the Chief exec.
I responded to this asking them to them to take me to court ASAP, copying all parties in, reminding that they would have to disclose all relevant information to me and the court.
I then received a letter finding in my favour, no apology. Maybe lucky but I feel right was on my side in this case.
11:30 AM, 8th January 2023, About 3 months ago
Reply to the comment left by Judith Wordsworth at 06/01/2023 - 12:16
Surely this boils down to what was paid? If T paid for 2 years tenancy and there is proof then its got to be a useful defence. If L accepted 18 months rent then it becomes arguable. Might be worth sliding a clause in about liability for the next tenant.
11:32 AM, 8th January 2023, About 3 months ago
Reply to the comment left by Paul Power at 08/01/2023 - 11:30
Or if not paid, that LL made effort to locate tenant / collect
12:43 PM, 8th January 2023, About 3 months ago
Reply to the comment left by Paul Power at 08/01/2023 - 11:30
Whether or not the rent is paid has nothing to do with Council Tax. The only criterion is that a valid tenancy of more than six months exists.
13:31 PM, 8th January 2023, About 3 months ago
Reply to the comment left by Martin at 07/01/2023 - 16:10
I have had a very similar fight with CT authority last year with similar argument and similar outcome.
My property was empty and in the market for sale since 2019. I was paying the CTX as previously instructed. In 2020 Covid effect everything stopped. and at the end of 2020 a summons was sent to the empty on the name of a couple with no relation to the property never lived there. The Summons was for CTX unpaid under another account. I was paid the previous amount under a different account. I contacted council and I was told that that they have the couple as the resident in their records. Then I was told that I have to pay the totals of the 2 bills together because I "lost the right to pay by instalment .... I asked many question which the council could not answer ... and how they created that records and in the middle of the pandemic. To cut short, I proposed to facilitate the payment to a level I can afford but was not accepted. I continued paying the previous one and amount. Then I received a summons with information that I cannot attend the hearing in person but I can join via Zoom . if I wish to be part of the hearing I have to request the online access details which I did 3 times including by phone call and by email. Two hours of the hearing time I send an email with my DEFENCE ARGUMENT to the Council Tax dept, all the 5 other Councillors in my area, finance, etc. I also requested to be provided a copy of the case bundle submitted to the court. The council failed miserably to provide me with the access information to participate in the hearing as well as to provide me with the case bundle...so effectively denied me to defend myself.
As you can guess, an order was made against me I received a copy of the order with a letter of the order enforcement from the Debt Collectors.
I wrote the council to challenge that they have not followed the legal and therefore denied me to defend myself. I requested again for the case bundle be provided within 7 days. CT replied that due to data protection they cannot provide the copy of the case bundle put to court because contained other people. I told then that is their problem hoe the present their claim but they cannot deny me to defend myself... They cannot be the claimant and jury at the same time. I told CT to provide me the copy of the bundle within 48 hours and to remove the court cost or I will submit an application to the Court to set aside the order due to the claimant (Council Tax Dept) failure to follow the legal procedures which effectively denied me to defend myself. I also copied to all the councillors.
The next day I received a letter confirming that CT accept all my terms of facilitating the payment to what I proposed earlier, removed the court cost and cancelled the enforcement order against me. HAPPY END !!
I dont say this any other reason than put out there for other LLs. It might help to navigate some of the hurdle we have to jump to survive .... I am learning a lot with you too !!.