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:
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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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||Helps to understand how their visitors engage with our website
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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
11:35 AM, 4th June 2021, About 2 years ago
It seems like you have a very stupid, stubborn, irresponsible, tenant, who refuses you access to send a gas safe engineer to service a gas appliance, thanks to stupid ill thought legislation, which could potentially cause a gas appliance to fail because it could not be serviced in time and God forbids, it may leak gas and cause an explosion, killing innocent neighbour, I could not care less if he died in that explosion, but to put his neighbours and others at a huge risk you should evict this idiot as soon as practical, get rid of him, you don't need bad non-cooperating tenant who could jeopardise your investment should something happen your insurance is unlikely to pay out because you failed to carry out a gas safety check, never mind the idiot tenant refusing you access, they would blame you for not taking action to evict him or to seek a court order to send in the gas safe engineer. I think there should be a register for naming such tenants so other landlords can avoid renting their properties to such irresponsible tenants.
11:39 AM, 4th June 2021, About 2 years ago
Tenants are endangering their own lives and must be removed a.s.a.p. This is a very serious issue. My advice would be to issue a Section 21 which is a remedy now open to landlords again. Requires 4 months notice as from 1st June and will be back to 2 months notice from 1st October. (Assuming your AST is periodic or has less than 4 months to run. You can always give more notice of course ie. 6 months). There’s an accelerated procedure for anti social behaviour not sure if this would fall into this category or similar. Ring the NRLA if you are a member and speak to their Legal advice line.
12:02 PM, 4th June 2021, About 2 years ago
Not sure why you are calling the Local Council out? They have no Authority to force your Tenant to give you Access.
You must keep a record of all of your attempts to arrange the inspection & the Tenants refusals, so should the worst happen you have proof that you did your best to gain access to carry out your Statutory responsibility.
As above you need to take steps to evict your Tenant. Issue a Section 21 Notice ASAP. If you are unsure how to do this, join the NRLA & use their Telephone advice line.
12:10 PM, 4th June 2021, About 2 years ago
Inform your tenants you need to conduct an inspection of the property. (You should really be doing this every 6 months as good practice and to satisfy Right To Rent requirements). Are they operating a cannabis farm in there ?
12:27 PM, 4th June 2021, About 2 years ago
I'm a private landlord who also worked in social housing for many years. The law on gas safety checks is lopsided in terms of responsibility for ensuring that they are carried out and up to a point, I can understand why. However, obstructive tenants often get off lightly even when it's clear what they are up to and can leave landlord's quids out. Here's what you can do to mitigate your legal, though not necessarily your financial, liability...
You need to be able to *demonstrate* that you have taken all reasonable steps to have the safety check done (if you can't prove it, you haven't done it). Your view of what is reasonable may differ from that of the courts.
As a minimum, keep records of your communication with the tenants about this, including emails, letters, phone calls, social media, etc. If you send letters, ensure that you have proof of postage. Avoid recorded delivery as they will refuse to sign for these if they are gaming the system.
If they are playing games, get your gas fitter to cold call them at, say evenings and/or weekends. If you catch them and they refuse, record it, including any stated reasons for such refusal. Ask them to give a (reasonable) appointment - if they do, ensure that *you* keep it and record the outcome. If they refuse to give an appointment/won't speak with you, also note it. Write to them to confirm the above and make an appointment for the check and ask them to give you an alternative date if not OK. Whether they do or not, send your guy/gal for the check and record the refusal. You may need to do this more than once. With all such appointments, give reasonable notice in case they were 'in hospital', 'on holiday', etc.
I believe the above to be reasonable, though it probably won't save you if they end up killing themselves (picture the headlines). Depending on your risk appetite, you may want to get an injunction forcing them to allow you to do the check. This, of course, is more money on your part as you'll need to fork out for the court costs, the bailiffs and the locksmiths to enforce it.
Summarily, what is reasonable often depends on the availability of resources available to the landlord. When the court looks at your circumstances, what would they consider reasonable action on your part?
12:41 PM, 4th June 2021, About 2 years ago
As others have pointed out this isn't negotiable.
1. You haven't explained if they're just avoiding you or have given a reason. (If they're genuinely vulnerable, fear of the virus was reasonable when it first arrived but increasingly indefensible and their life choice.) Whatever, in your attempts to gain access I hope there's some evidence you've tried to find why and address any reasonable concern. This is going a bit far because you have a legal obligation but if it goes to court this will be in your favour.
2. You should already have a documented record of every attempt to contact them and their refusals. This means registered letters, retain emails and if you communicate by text message take screenshots & save. All will be needed as evidence.
3. Issue a Section 21 to give notice - make it clear that you have to do this because they are continuing to prevent you from complying with your legal obligation, and so failing to keep to the terms of their tenancy agreement.
If they're being this difficult over a gas safety cert, it's likely you'll need to engage a solicitor or specialist in possession.
Chris @ Possession Friend
12:45 PM, 4th June 2021, About 2 years ago
@Trapped Landlord, we deal with this regularly.. Contact us
12:52 PM, 4th June 2021, About 2 years ago
I am in a similar situation, which has arisen during the notice period of Section 21. Advice from my solicitors is to ensure all reasonable efforts are made and exhausted, and keep meticulous records of the process.
The risk otherwise is two fold:
- a fine for non-compliance by the local authority (high risk in some areas)
- Section 21 deemed invalid due to (perceived) landlord non-compliance.
Be careful. As we all know the dice are loaded against landlords
13:07 PM, 4th June 2021, About 2 years ago
And if you threaten a tenant with an eviction for failing to cooperate to conduct essential maintenance and gas safety checks, it is called harassment, and giving him a notice can be taken as a Retaliation, what stupid law we landlords have to face these days designed to protect idiots..
13:42 PM, 4th June 2021, About 2 years ago
Just a thought, where would the law stand if you requested the gas provider cut off the supply due to danger to the local community because of non ability to have safety check?