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.
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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
Chris @ Possession Friend
23:40 PM, 4th April 2019, About 4 years ago
I have singularly been in dialogue with landlord - property blogs, originally the sole and first voice to speak up about concerns for abuse of this legislation.
This has not gone down too well with the author, Mr Giles Peaker. I have been blunt about the massive campaign in existence by All legal aid solicitors about the general state of reduced funding.
In particular, I have pointed out that the author is a legal aid solicitor and that FFHH cases will by the nature of their potential for injury to Health ( HHSRS comparators, more of that shortly ) attract a Legal Aid solicitor.
My concern has been that tenants who find themselves subject to Possession proceedings, will soon 'cotton-on' to a potential avenue for what I call, " Retaliatory Defence "
A complaint about mold - mildew, portrayed as signs of damp could be brought to a willing legal aid solicitor ( not many will turn down a case, and they'll get paid, win or loose )
Meanwhile any pending Possession case is likely to be adjourned pending the outcome of a civil claim.
Mr Peaker disputes this is likely or a course the courts will take.
I would like to think and hope he is right but have serious concerns he may not be.
Look at the existing position where a Tenant is being taken to court for Possession following rent arrears. In such cases where there is a deposit contravention, the courts have shown a repeated willingness to off-set the civil award for failure to protect a deposit, against the rent outstanding.
Given this, I see no reason why a court wouldn't adjourn a Possession hearing for rent arrears to allow an award against the landlords to be offset, or at least allow the tenant to use to pay of the rent arrears. Whether the court directly off-set and adjust or award against the Landlord waits to be seen.
I do accept that there are a minority of properties that justify measures, but argue that Local Authorities already have the powers to deal with this ( if not the resources )
Outsourcing what should be the prosecution of unfit properties to civil law is in my view an abrogation of enforcement responsibility, facilitated by this legislation. Cheaper for MHCLG to enact Civil law than fund Local Authorities appropriately.
Mr Smith points out that FFHH is not synonymous with HHSRS, I beg to differ. Page 5 of the legislation defines a 'Prescribed hazard as 'prescribed by Section 2 of the Housing Act 2004' ( which is a Category 1, or ' 2 ' hazard. )
True a court has to consider whether a hazard under HHSRS is such that it convinces the court the property is unfit for habitation. Despite the legislation excepting acts or omission by the lessee ( tenant in plain English, although legislators aren't capable of writing like that. )
A potential scenario -
Tenant dries clothes inside, doesn't open windows and wants to pay as little to heat the property as possible. ( I'm sure this is ringing bells with landlords ! ) Mold mildew and damp patches, black spores are evident, but doesn't necessarily bother the tenant at the time - likely knowing their responsible.
Tenant falls behind with rent, Landlord serves Sec 8 Notice, tenant indicates a defect. Is it not beyond the realm of any conception that a tenant photographs the black mold spores, goes to their GP, complains of a cough, shows photo and gets sick certificate. ( How hard - easy, is it to get a sick note ! )
Tenant likely not working and on DSS as RLA have campaigned against many landlords wishes and interests to choose to support an organisation like Shelter who campaigns for the Rights of a landlord to choose, to be removed from advertisements, wasting many peoples time.
Tenant takes Sec 8 Notice and PCOL to Legal Aid solicitor. Civil claim commenced. The legislation authors believe the courts will treat the FFHH separately, I and many landlords from painful experience are not convinced ( especially not given the example of Deposit contravention above )
Whilst its true that Possession Friend have been the first to raise concerns, we are certainly not the only ones now !
Rentokil in Landlord Today 20/3/19 state 5.8 million renters claim to experience damp and condensation issues and " 2 Million ! " believe they have developed an illness as a result of their living conditions. according to research by Rentokil Care.
17% tenants aware of FFHH, but Rentokil rightly state tenants must take responsibility for their living environment.
20% do Not use trickle vents.
38% tenants admit to wearing more clothes instead of turning on heating to save money.
30% tenants regularly dry clothes on radiators with 11% admitting to doing this 'all the time'.
12% dry clothes in the bathroom, an area where there's already a lot of moisture.
So, when a tenants is confronted with possession proceeding for rent arrears, - Who ( apart fro the legislators ) think the tenants are going to own up to this, or what most Landlords from experience believe, that they will deny causing the damp ? ( answers on a postcard )
If Anthony Gold on behalf of the RLA believe its only Landlords that raising this issue, I'd point to Landlord Today, 22/3/19 where Lauren Bryan Chartered Legal Executive of the Dispute resolution dept of Thursfield Solicitors in Birmingham comments, .... the act should prompt landlords to check their properties comply to .. " avoid unnecessary legal action. " But if a landlord is served with proceedings or the tenant pleads this as a " DEFENCE to POSSESSION PROCEEDINGS " [ Helloooo ] they should immediately seek legal advice.
Bryan added, ' While the law will have some positive outcomes by persuading ( some, my emphasis ) landlords to carry out urgent repairs, it is also just another barrier put before decent landlords and another set of rules to comply with. ' Landlords should check their properties and seek legal advice if they feel tenants are trying to take undue advantage of the new laws. ' ( something the legislators deny is possible or likely. - Its not like they haven't got any experience in court with tenants ! )
A landlord isn't able to win from this legislation, even if the proceedings are successfully defended, as the landlord will have to pay their own solicitors fees, whilst the tenants will be paid by the Tax-payer, a larger proportion of that being landlords since Sec 24 Finance Act !
Solicitors acting for either Landlord or Tenant are going to get paid either way, which brings me back to who wrote this legislation, pro-bono, strangely enough - oh, it was a legal aid solicitor. ( who accuses me of raising this for 'my own ends' ! )
10:08 AM, 5th April 2019, About 4 years ago
rla and nla do not seem to be on our side?
15:57 PM, 5th April 2019, About 4 years ago
Reply to the comment left by terry sullivan at 05/04/2019 - 10:08
They don't seem to be on our side, because they're not on our side. My recent P118 article points out the inclusion of inflammatory and emotive language 'slipping through the net' onto S.21 Notices without so much as a peep out of the NLA/RLA...