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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- 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.
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- Contacting Us
10:43 AM, 9th June 2016, About 7 years ago
I had just written an article on extending a lease on this website which you may find helpful. You should note that each party pays their own costs at the tribunal which means you would only be responsible for your own valuer's and solicitor's costs and not that of the freeholder.
If you feel you could represent yourself, then do so and you will find you are in a much better situation as the freeholder would have to pay their own costs of representation in the tribunal. You could get all the required information from your surveyor if the surveyor is willing to help you.
You could apply to the tribunal yourself and hopefully this would put you in a much better position to negotiate the premium and costs. In most cases, premiums and costs are agreed before the hearing date as the Freeholder however big would not necessarily want to pay the costs related to the tribunal which could be thousands of pounds.
Just out of curiosity could you tell me who the landlord is? I have dealt with two very big landlords and have had successful outcomes and I am a lay person with limited experience of lease extensions
12:20 PM, 10th June 2016, About 7 years ago
Client thank you very much for your comments. The Freeholders is *****Edited*********. I have feeling that In addition to not agreeing to any negotiation on the premium, they will also ask for a large fee for their valuer and legal costs.
I also have a number of defects in my lease, which the Freeholder will not agree to change. The Freeholder has never provided us with Block Insurance. All be it that the flat is in a small block of six flats. Also there is no block maintenance, so there is always a problem with other leaseholders, not bothering to sort things out as and when needed. All flats are rented with Landlords who do not care or understand the implication of maintenance. In your experience do I have a chance to remedy some of these defects if I go to the Tribunal? Any advice would be greatly appreciated. Has anybody had experience of tribunal changing the lease defects considering that the other leaseholders are not bothered to change any of these defects which is baffling to say the least.
15:04 PM, 10th June 2016, About 7 years ago
With regards to costs and the premium, if it does go to a hearing, you will need to show that the costs are too high with comparisons of solicitors and valuers acting in the same area. If you are intending on representing yourself at the tribunal, it would be advisable to give the freeholder the impression that you are confident and experienced in representing yourself. I doubt that they will not agree to a reasonable settlement bearing in mind the costs that they will have to pay. Be aware, that from experience with Freeholders, they usually wait until almost the day of the hearing before they bend. This puts the pressure on you as it involves a lot of work. especially in preparing bundles for the case and gathering information for your case.
With regards to the defect in the lease, I believe you will need to have an experienced solicitor to do this as the wording has to be correct. This could be expensive especially if you need a solicitor to attend the hearing. I usually don't bother with the wording as it only incurs additional costs of both solicitors which the leaseholder would have to pay for and this is usually quite excessive. One can usually get indemnity insurance at the point of selling the property if the defect in the lease effects the price.
With regards to maintenance of the block, this is usually a difficult one especially if the other leaseholders are not interested in having anything done. I think you will find that you would have to have a separate hearing for this as the hearing for the extension of the lease would only deal entirely with the lease extension and an update of the wording or clauses of the lease if this is necessary.
If the lease is updated to be in your favour, you still have the problem of getting the Freeholder to carry out their obligations which once again would mean an application to the tribunal where you would need the support of the other leaseholders.
I have several properties in two entirely different blocks where in both the service charges are excessively high and virtually nothing or very little is ever done. In both cases, I have heard many leaseholders complaining and mourning about being ripped off but not wanting to do anything.
There was a lady who took it on herself to challenge the service charges in one of the blocks and went about it by dropping flyers regarding a meeting she wanted to hold before making an application to the tribunal. On the day of the meeting although, there are fifty four flats only three leaseholders turned up which gives one an indication of what to possibly expect.
With regards to building insurance, this is another area which can be profitable for the freeholder as, if the freeholder has a large number of properties, the freeholder can strike a deal with the insurer where they get a "Kickback" so they are not necessarily interested in the interests of the leaseholder but only on the additional profit they can make.
Unfortunately, this is acceptable and within the law but obviously is called something else and not a "Kickback". It is also acceptable for the freeholder to insure a large number of properties with one insurer and not necessarily with one that quotes the best premium for the area and one that provides the best benefits
1:06 AM, 11th June 2016, About 7 years ago
Reply to the comment left by "Clint " at "10/06/2016 - 15:04":
Thank you very much for all your advice. My solicitor has told me that he can apply to the tribunal on my behalf and force the Freeholder to lower the premium. I am not sure how to prepare bundles or how to represent myself. I guess my solicitor has to do all of this which will be very expensive. I would think what I will gain by getting a lower premium if successful, has to be spent on my solicitor's fees for representing me. Is it all going to be worth it?
Is the indemnity insurance for the lack of block insurance or lack of block maintenance?
In summary you recommend that I do not bother about the changing the wording of my lease in other words leave it as it is and just get indemnity insurance before I sell the place. Have I understood this correctly?
I have heard that it will be difficult for any prospective buyer to get a mortgage on my flat as the CML's guidelines or is it the mortgage companies do not easily give mortgage to the flats without block insurance. Is this correct?
I think the law is really unfair and mainly on the side of the Freeholder. They can charge any premium they like, they can ask for well above the market rate for their valuers and legal costs as they know they can get away with it.
I am so very grateful for your advice and would like to thank you again.
14:23 PM, 12th June 2016, About 7 years ago
It is a difficult question as to if it is going to be worth it as, there are no guarantees to the outcome of the hearing and you could be worse off. Until you know what the premium is after serving the section 42 notice, you would not know where you stand. You can only decide after valuation of both surveyors and the premium offered what you should do. Ultimately, a freeholder cannot charge what they like as you have the option of going to the tribunal but you have to see what costs are involved and make a decision.
I don't believe that there is a problem in getting a mortgage if the flat is insured but your solicitor can advice on this.
I think if you are finding it difficult to deal with the lease extension yourself, you will have to use a solicitor and surveyor to arrange the extension of the lease.
I don't believe that I have any more expertise to be able to help you any further.