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
||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:
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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
17:11 PM, 15th May 2015, About 8 years ago
Can I ask if anyone has called the police if he has threatened physical violence with a weapon ?
Dr Rosalind Beck
19:12 PM, 15th May 2015, About 8 years ago
Well we tried to persuade the Vietnamese tenant but he didn't want to, so we couldn't make him. And now he has definitely decided he doesn't want to stay there. I had told him that if we got the police we might be able to get the guy straight out, and I reassured him we would support him and not tolerate violence under any circumstances, but he has made his decision. My priority now is to get rid of the nasty bully - apart from anything else he's going to empty the house at this rate. Thanks for replying.
8:34 AM, 16th May 2015, About 8 years ago
It needs reporting to the police, if the tenant has done this before then there is a picture forming of dangerous behaviour that needs challenging.
If the tenant goes on to attack either yourselves or other tenants there is a record of this tenants previous behaviour which will help with any possible legal action either by yourself or any law enforcement agencies.
This is more about you protecting yourself and your other tenants from future threats and harassment.
If you make things uncomfortable for them they may decide to move before you have to push them out with the section 21.
9:13 AM, 16th May 2015, About 8 years ago
I get this situation a lot, and unfortunately the police will do absolutely nothing (regardless of patterns of behaviour) unless the bully actually commits physical violence to one of the residents, and the resident is willing to report it to them (and make a statement accordingly). In this situation the police will bail the bully "not to return to the house", in which case the other residents can get on with living their safely without the bully. However, if the bully is simply threatening and intimidating, or causing damage to the property, then the police will do nothing, as they will class it as a civil matter between landlord and tenant.
Unfortunately, your only recourse is the legal eviction route, and this depends on the occupancy agreement you have with the tenant. I assume it is a tenancy agreement (usual), not a licence agreement (rare, and only if specific circumstances exist).
I believe that if you use an assured shorthold tenancy, then the person cannot be evicted within the first 6 months using the s21 method (the 2 months notice), however, you could perhaps use the s8 method. If the tenant owes more than 8 weeks rent then you may be able to evict using the s8 ground 8 mandatory grounds, but if this is not the case then you may be able to use the s8 ground 14 discretionary grounds if you can prove the situation to the court's satisfaction. Ground 14 relates to the tenant's anti-social behaviour so in theory this would be ideal, however, my understanding is that you may need quite a body of evidence about that anti-social behaviour (e.g. statements from other residents? police reports? copies of the warning letters you've sent him? etc, etc), so I don't know anyone that has ever relied on ground 14 as the sole reason for eviction. - You will perhaps need to do a bit more research on this to see if it can help in this particular case.
Although making life uncomfortable for them sounds tempting (as the legal process takes many months), be very careful about this as your actions could be construed as being an illegal eviction or unlawful eviction, both of which could have very dire consequences for you.
Dr Rosalind Beck
10:19 AM, 16th May 2015, About 8 years ago
Hi Robert. He has a 3-month AST expiring end of June, so I'm assuming we can use a Section 21 before the end of May, which will make his leaving date 30th of July (I'm aware he may not go of course). I take this to be the main advantage of issuing a 3-month tenancy agreement for furnished properties (because we pay the council tax anyway) - that you can get them out more quickly if they play up.
Hi Andrew. I do think it's also a good idea to inform the police, so may do this, more for the protection of others in the future. In the past we asked the police to help with an eviction at the same address (it's a high maintenance, jinxed house) where there had been considerable criminal damage and they were useless - said it was a civil matter. And I suppose I could have battled that definition, but how many battles do you want? Often it's better just to get on with things in life if there is no willing help from the authorities.
Thanks to Andrew and Robert.
10:51 AM, 16th May 2015, About 8 years ago
Reply to the comment left by "Ros ." at "16/05/2015 - 10:19":
Although you can issue shorter tenancy agreements, e.g. 3 months as you have done, I believe there is a (ludicrous) rule that says that possession orders are not enforceable within the first 6 months of a tenancy. So what this means is that a tenant can have a 3 month AST, but the landlord won’t be able to apply for an order for possession (based on the s21 procedure) until after 6 months. Hence, your options are currently limited to the s8 Notice (using whichever grounds that apply).
It does not of course stop you from issuing a s21 Notice (as well as the s8 Notice, if applicable), but it does seriously delay you effectively following through with the court process.
14:03 PM, 16th May 2015, About 8 years ago
Doesn't bullying, threatening behaviour count as Gross Misconduct?
Dr Rosalind Beck
14:24 PM, 16th May 2015, About 8 years ago
Hi Annie. The problem is that the Vietnamese tenant is too frightened to cooperate and has already decided he is definitely leaving and it would, in any case, by his word against the other guy's.
Hi Robert. I am very disappointed at what you have told me. I wasn't aware of this loophole. What is the point in 3-month tenancies if they are, in fact, 6-month ones? I'll have to check with the Guild of Residential Landlords as we use their tenancy agreements and 3-month ones are recommended for the type of tenancy we granted the bully.
18:23 PM, 16th May 2015, About 8 years ago
From your original statement you said it was a verbal attack and intimidation due to the victims race. That is classed as a race hate crime, contrary to what has been said on her that is a criminal matter and once reported the Police are obligated to investigate further.
People slate the police saying they are a waste of time and leave matters such as these until they get out of hand and then expect the police to rush in and sort everything out at a drop of a hat. Reporting a crime to the police will not be seen as harassment or part of an unlawful eviction, it is a landlord protecting others from similar circumstances and something that should be done as a citizen, you are well within your rights to do so.
As previously said if i was you i would carry on with the section 21 as a tenant has little to no grounds to appeal against it, it your right to take back possession of your property as long as you do it correctly. Be mindful of the timings of issuing the section 21. You can issue a section 21 within the last 2 months of a AST so long as the tenant has a full 2 months notice, familiarize yourself with the procedure and timings and you will be fine i am sure.
Dr Rosalind Beck
19:53 PM, 16th May 2015, About 8 years ago
Ha! The plot thickens! I texted the Nigerian tenant and asked his view on the dynamics and he said that the Vietnamese tenant is very rude and thinks therefore that he is not as innocent as he painted himself to us. I think there is a lesson here for me, to not always immediately believe what I am told. I now think I want both of them out! The Nigerian has been our star tenant and is leaving anyway because of work commitments, so I put most weight on his opinion. The Eritrean, however, is still a horrible piece of work and was on the 'phone again today complaining this time that the Vietnamese one is leaving his clothes everywhere. So this means that the latter has moved back in, when I thought he was too scared to and was sitting out his notice at a friend's house. There's a nice little soap opera going on now. We did tell the Eritrean that we would be happy for him to go asap as he is obviously very unhappy with the house and tenants.... Fingers crossed that everyone will leave! We'll have a void, but peace will reign. Blissful peace...