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 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
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- 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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- 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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- 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
Mark Alexander - Founder of Property118
10:04 AM, 22nd October 2014, About 9 years ago
If the damage is significant then it must of course be an insurance claim. Given that the damage was caused by a break in I see no reason why your insurers would not pay out. However, it may be that the damage is not significant enough to warrant an insurance claim, e.g. it's less than the insurance excess premium. Either way, I would hold the tenant responsible for the cost of the repair or the insurance premium excess, whichever is most appropriate.
The legal custodian of your property is your tenant. On this basis I would be asking the police why they have addressed the bill for securing the property to you.
If you tenant can't afford to pay for the damage (or insurance excess) then I would write them a letter agreeing to have the damage/costs deducted from their deposit and get it counter-signed by the tenant. If the tenant is not prepared to agree to that I would seriously consider eviction and claiming via the Small Claims Court. Other factors would, of course, be taken into consideration, e.g. how long the tenant has been there, payment history, any other problems etc.
11:48 AM, 22nd October 2014, About 9 years ago
The boarding up fee is £95 and the police insist that I being the landlord am responsible for paying it then reclaiming back off the tenant. They go after the landlord/owner not the person who is living there. The tenant is in arrears at the moment so there is no way she will refund me. The bond wont cover all the damage and rent arrears outstanding so it looks like im out of pocket again. She has been issued with a section 21 notice but has told me I will have to take her to court to get her out
12:01 PM, 22nd October 2014, About 9 years ago
This issue comes up regularly, and what I have concluded so far is that the police is fishing when they claim that "I being the landlord am responsible for paying it then reclaiming back off the tenant. They go after the landlord/owner not the person who is living there".
Perhaps someone who has had actual experience will be able comment in details.
Mark Alexander - Founder of Property118
12:44 PM, 22nd October 2014, About 9 years ago
There is some very useful information in this thread >>> http://www.property118.com/police-damage-rental-property/65559/
In this case the police caused the damage but if you read all of the comments you will find plenty of gems from experienced landlords to have a go back at the police with.
13:59 PM, 22nd October 2014, About 9 years ago
The person who caused the damage is responsible for the cost of that and assuming the matter is going to Court a compensation form needs to be put on the prosecution file.
In respect of the boarding up that was arranged we assume you were not consulted about this and that the tenant gave her authority for her security and safety so she would be responsible in the first instance, however the police will try to pursue the most likely person to be able to stump up the costs.
If by chance the matter has already been formally dealt with and the compensation request was omitted I think a deal is in the offing! Insurance companies refer to this as knock for knock. If this is the case (no compensation claim made) I would take Mark's advice and make an insurance claim for all the costs and tell the police you will settle with them when you have been paid out.
14:08 PM, 22nd October 2014, About 9 years ago
If you d go the eviction route then it is imperative to get an estimate of the timescales by the County Court Bailiff. If the timescales are over a month you may want to consider using an HCEO and if so YOU MUST include a request for this using Section 42 of the CCA 84 in any possession order.
Have a look here: http://thesheriffsoffice.com/articles/evicting-tenants-using-the-sheriffs-office-the-landlords-experience
In terms of the money charged by the Police as the previous posters suggest deducting it from deposit or claim through insurance is the obvious route. If it is just the £95 you may want to forego the Small Claims track in all honesty.
14:12 PM, 22nd October 2014, About 9 years ago
As an ex Old Bill Inspector I frequently had to deal with complaints on this. In a nutshell:
1.If its a lawful search Police have no legal obligation to pay compensation.
2. If its unlawful i.e the wrong address then normally after a few threats of trespass etc and no win no fee lawyers then they will pay up.
3. Where someone else commits the damage as in this case then the perpetrator is responsible. But if he is in prison then you have zero chance in getting your money back.
4. The police have secured the property following a domestic for £95. As Mark says it could be an insurance job particularly if theres a lot of damage. To be honest they could have called you out as the landlord and said "leave it with you mate" in which case you would have called somebody out to board it up and been liable for the cost anyway.
In such cases I would explain this to the landlord. It wasn't the police who caused the damage it was the offender. They have secured your property and protected it.For £95. This ain't a fortune in the scheme of things and is part and parcel of being a landlord these days. If you don't pay then ultimately the public purse does. You could refuse to pay on the grounds that they should have contacted you but you would have had the inconvenience of having to arrange it yourself- probably for a lot more money as the police get a discounted rate.
I think for £95 I would pay it George.
14:17 PM, 22nd October 2014, About 9 years ago
Just one further thing to mention, if you did go the small claims route and it went to enforcement then you can enforce against the assets of the debtor even if he is in prison.
We recently seized and sold a rather nice Jaguar XF after the debtor went to spend 6 weeks at her Majesty's pleasure for a driving offence.
It really would need to be more than the £95 though as I mentioned earlier.
14:20 PM, 22nd October 2014, About 9 years ago
Simply reuest immediate payment from social services OR eviction follows - sensibly they will pay . . .
15:13 PM, 22nd October 2014, About 9 years ago
It's an amazingly low sum for calling someone out and securing the property. I presume the property is insured in your name and any claim will affect your next years premium.....
The tenant is responsible but is unlikely to pay. It is a tax deductible expense, so I'd just pay up and try to take it from the tenant's deposit, but as you'll have to evict, the deposit is probably all you are likely to get, together with a barrage of letters chasing unpaid debts. No rent, no end of tenancy clean, etc. I wouldn't even bother trying to claim anything other than the deposit as the cost of doing so will probably exceed whatever (if anything) you might get.
£95 is the least of your worries, I'd be more concerned what further damage the tenant herself will cause along with the string of new men she may now have visiting. If he is in prison, he clearly has other problems and sadly, many never seem to learn, they latch on to the same types over and over again.