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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- 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
10:58 AM, 7th December 2021, About A year ago
Have the appropriate representations been made?
11:24 AM, 7th December 2021, About A year ago
This piece of reform is one hammer to smash just one nut. There are many more hammers proposed and many more nuts to crack.
And I think the main reason the Government shied away from changing onerous ground rents in existing leases ... is that meddling in an existing contract between two consenting parties, touches upon Human Rights and other such issues. The well-paid lawyers acting for large portfolio freeholders, would have great fun challenging such moves ... all the way to the Supreme Court probably.
The lack of ground rent income from new developments and new leases will significantly level the playing field so far as commonhold is concerned. That is a big goal for Government and has all-party support. This bill is a step in that direction and is to be welcomed ... even if there's more to do elsewhere.
11:59 AM, 7th December 2021, About A year ago
Do we expect that the costs to extend leases will fall as a result of this legislation?
12:15 PM, 7th December 2021, About A year ago
Reply to the comment left by Stuart Mitcheson at 07/12/2021 - 11:59
No, we don't.
One of the other proposals is for the statutory +90 years extension to be changed to +990 years. But there's no detail on that and you won't get the additional 900 for free, I bet.
Also, the government has said it wants to change the formula for calculating lease extension premiums and Right to Enfranchise freehold values - but hasn't said what those changes will be. Consequently, we don't know if tweaking the yield rate or deferment rate or whatever, will be good or bad.
But the general thrust of the reforms is 'leaseholder friendly' much to the dismay of large portfolio freeholders.
Watch for updates on my website and in my newsletters.
12:22 PM, 7th December 2021, About A year ago
Reply to the comment left by BernieWales at 07/12/2021 - 11:24
Bernie, you may be right that that is the reason but since when has interfering with contracts stopped Government? The Tenant Fees Act 2019 outlawed fees in existing contracts albeit after a year.. The moratorium on evictions has meant that many landlords will not receive the rent they were contractually entitled to. The proposed arbitration over COVID arrears, if it is to have any teeth, must allow the arbitrator to cancel a rent obligation. If these are possible then why not limit future rent increases?
A compromise would be to allow increases from today's rent but perhaps no more than a fourfold increase. That at least would cap the ground rent. Ultimately leaseholders will have to enfranchise or else face bankruptcy and forfeiture of their leases.
As is common these days Parliament reaches for the £30,000 fine for landlords and then attaches an offence to it!
12:42 PM, 7th December 2021, About A year ago
Reply to the comment left by Ian Narbeth at 07/12/2021 - 12:22
The safest way for leaseholders to deal with onerous ground rents, in my humble opinion, is to collectively buy the freehold and extend their leases at a peppercorn ground rent as part of the exercise ... or go for a statutory lease extension, which provides a peppercorn ground rent going forward.
And I wouldn't encourage leaseholders to wait for whatever the reforms will be ... because they may not arrive ... and waiting only increases the costs.
16:19 PM, 7th December 2021, About A year ago
Reply to the comment left by BernieWales at 07/12/2021 - 12:42
We must bear in mind this applies to England and wales only, because this feudal tenure has been ended everywhere else. Commonhold was introduced in England and Wales in the Leasehold and Commonhold Reform Act 2002, but the developers refused to adopt it because they would not have been able to monetise new leasehold properties, especially houses. Therefore, governments of all hues have conspired in this appalling exploitation of leaseholders.
It is so difficult to achieve RTE for a large block of leaseholders because many are absentees, and 'data protection' laws are used to make it extremely difficult and costly to obtain their contact details. I've been there! This plays into the hands of the freeholders who have vast legal resources to hand to frustrate the process. And I say 'frustrate' because that's what they do because the law says leaseholders are entitled to RTE and so the freeholders simply make it difficult and costly even though they know they will ultimately lose.
We have gone down the RTM route twice, which at least removes that other iniquitous 'scam'; service charges, from the freeholders' control, and should deliver significant savings and efficiencies to leaseholders.
The APPG on leasehold reform knows all there is to know about this abhorrence, and the Law Commission has made comprehensive recommendations to Government... https://communities.lawsociety.org.uk/property-news/law-commission-reports-on-reforming-leasehold/6001268.article which I hope will eventually come to pass. But the freehold lobby is powerful and doesn't want to lose it's golden goose.
12:48 PM, 8th December 2021, About A year ago
Reply to the comment left by NewYorkie at 07/12/2021 - 16:19
All very interesting Mr Keyboard-Warrier.
I'll pick up on one point though - the cost of running a building correctly and cost-efficiently is not related to RTM or otherwise. The costs and requirements are the same whoever is controlling them - as they're dictated by the building and its needs. ARMA organised a survey of RFC, RMC and RTMCo service charges and found almost no difference in service charge costs per flat, whatever the legal set up. (But I doubt you'd believe an ARMA survey, would you.)
13:38 PM, 8th December 2021, About A year ago
Reply to the comment left by BernieWales at 08/12/2021 - 12:48
Firstly, I'm no 'Keyboard-Warrier' on this matter. Whatever ARMA may claim, I speak from bitter experience over 12 years, and as an ex-Company Secretary of a freeholder and a current RTM Co Ltd director.
Next, you claim 'the cost of running a building correctly and cost-efficiently is not related to RTM or otherwise. The costs and requirements are the same whoever is controlling them...' Wrong... in so many ways!
The millions in England and Wales who are exploited on a daily basis by freeholders and their managing agents will know just how costly that is, and how hopeless their situation can be.
I will list just a few salient points:
- Insurance, where the agent will often use an 'associated' broker to provide the most outrageous quotes, allowing for a 'kick-back' to the agent;
- Utilities, where the agent will enter into high priced contracts for supply, allowing for a kick-back to the agent;
- Contracts for work, where the agent will obtain multiple quotes but somehow ensure their 'favoured' contractor will win, allowing for a kick-back to the agent, and avoid giving the leaseholders the opportunity to obtain competitive quotes;
- Invoicing for service charges and ground rents after the event, and including small interest payments for 'late' payment;
- Disappearing or non-existent sinking funds;
- High management fees;
- Fire safety, the latest opportunity to exploit leaseholders
- Obtaining payments from leaseholders' mortgage providers under false pretences for charges in dispute...
I could go on!
But don't take my word for it, there's plenty of evidence at #NationalLeaseholdCampaign, who have worked tirelessly with the APPG on leasehold reform, the Law Commission, the CMA, and Leasehold Knowledge Partnership, and the media, to bring this #leaseholdscandal to the fore.
17:36 PM, 8th December 2021, About A year ago
Reply to the comment left by NewYorkie at 08/12/2021 - 13:38
Two points ...
1. You have a profile picture of a little boy (which I suspect you're not) and a profile name that is not your name. That's someone who's hiding behind a screen in my book.
2. If you have evidence to back up your kick-back statements, then do the right thing and get an application sent into the First-tier Tribunal.
And I do read articles from those bodies you mention - and some of them read mine. We're not on opposite sides on all such matters.