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
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- 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
Mark Alexander - Founder of Property118
18:31 PM, 10th August 2013, About 10 years ago
It just doesn't make sense to me that you could own a freehold maisonette which was previously Council owned. What makes you think it's freehold and how did this come about?
Have you discussed this issue with the solicitor who acted for you at the time of purchase? If they didn't advise you properly at the point of purchase you may well be in a position to make a claim against them.
Are you absolutely sure it's freehold?
I'm not sure what can be done if the maisonette is a freehold, where is it located as a matter of interest? Depending on whether it is in England, Wales or Scotland I may be able to refer you to a specialist solicitor.
10:57 AM, 11th August 2013, About 10 years ago
Reply to the comment left by "Mark Alexander" at "10/08/2013 - 18:31":
Thank you for your prompt response, Mark.
I have looked again through the Land Registry documents and there is a Leasehold and a separate Freehold Title, both having been transferred to us on purchase. Does that make it Leasehold (for a mortgage) and Freehold at the same time?
How should it be marketed?
Mark Alexander - Founder of Property118
11:59 AM, 11th August 2013, About 10 years ago
That's the question you need to be asking your solicitor Celia, preferably the one which acted for you when you purchased. Make sure you get the a answer in writing so that you have evidence.
14:40 PM, 11th August 2013, About 10 years ago
You may hold either a share of the freehold or the entire freehold on the land on which the building stands if the other leaseholders declined their right to buy, so get the original full lease and freehold papers & read the details carefully to establish whether you own the land outright or/and who holds the other "shares".
There should be absolutely no problem selling the maisonette with a lease as holding the freehold you can raise a fresh one to satisfy any mortgage company. Of course there will be some costs in doing so.
You just have a crummy estate agent in my opinion as a share of freehold can be a huge bonus.
PS If you do hold the full freehold and the other maisonette has a very short lease you may want to re-consider whether you want to sell that freehold or you could be giving up a lot of potential as the other leaseholders will need to extend at some stage, so seek proper advice - not on an informal blog like this.............
9:28 AM, 13th August 2013, About 10 years ago
the need for a lease is because of the need for covenants and easements etc. for rights of way and repairs, service charge and suchlike. very odd the LA also sold the freehold reversion as i dont think they would have to under the RTB (just 125 yr lease). these provisions are not contained within a freehold title. however, if you have a separate leasehold and freehold title then i wouldnt have thought there is a problem; you can sell them separately.
17:11 PM, 13th August 2013, About 10 years ago
I own one flat in a block of 4, my kids also own one both rented. The other 2 are owner occupied between us we all own 25% 0f the freehold and 25% of the lease hold,
As a result we all pay a small maintenance and ground rent to ourselves to maintain the property. A total of £300pa and our fund is growing. Compare that to other flat having to pay £1000 or more pa for service charges etc.
Can't see a problem with resale on these grounds.
My nephew has recently had to extend his lease and it cost about £7k per flat. Best to own a share of both.
Lauren Wadey MIRPM, AssocRICS, CIHM
15:26 PM, 14th August 2013, About 10 years ago
The only problem is the Estate Agent who are most likely unfamiliar with this tenure set up. Certain mortgage companies might steer clear of this property but there is enough lenders out there for it not to be any more of an issue than a traditional freehold house.
Seek out a more experienced agent who will be in a better position to attract and secure appropriate interest is the crux of the matter here.
As an aside, the share of freehold/freehold set does need to clarified and fully explained to you and any perspective purchasers. Both present challenges but neither are un-workable with the right guidance.
Always happy to advise you further on this if you have any specific concerns so check out my member profile.
16:51 PM, 14th August 2013, About 10 years ago
Used to be the case that a flying freehold was difficult to mortgage and usually an upper floor or overlapping part of a building. e.g. a flat sold without a proper lease. The feeling was that if the building collapsed you owned nothing.
These seem to have been largely superseded by shared freeholds so you should be fine.
8:52 AM, 18th August 2013, About 10 years ago
As an ex estate agent and current surveyor and small time landlord I have come across this situation many times. The situation probably arose because the local council could not be bothered to deal with the day-to day running of a small block and sold the freehold interest to whichever of the leaseholders was interested at the time. It was quite common also that for maintenance purposes the ground floor occupier(s) was responsible for the foundations and walls to first floor level and those on the first floor for the roof (a much more onerous and expensive part of the building. You are very lucky that the council has done all this for you. It leads me to think that perhaps the upper floor is still occupied by council tenants and that they have to deal with any roof problems. On this point do you pay a maintenance charge of any sort to the concil?
So far as the 2 interests are concerned they are completely separate and as freeholder you could complain to yourself if you do not comply with any terms of the lease.
For selling purposes you may wish to take advice as to whether you (as freeholder) should grant yourself a long lease of, say, 999 years to make the leasehold interest more saleable and at the same time keep the freehold and charge for a lease extension for the other occupiers if they require it in the future. If the leases are shorter than about 70 years this can be quite profitable (See Recardo Knights' comments above).
On the down side you may have management responsibilities which would take time so a separate sale of the freehold might be advantageous.
In conclusion, take advice from your solicitor and then consult someone who understands these matters - estate agents might not be your best avenue as most of them wouldn't understand the concepts involved, let alone the differing values. Perhaps a chartered surveyor would suit your needs for such advice.
10:03 AM, 18th August 2013, About 10 years ago
Reply to the comment left by "Mark Alexander" at "10/08/2013 - 18:31":
certainly sounds odd, personally i only buy freehold i feel better owning, and therefore only answerable to my self.