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 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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- 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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- 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.
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- 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
13:09 PM, 29th June 2013, About 10 years ago
My worry for you here is whether this tenant would be considered to be a lodger or a tenant.
The fact that it's a studio flat isn't really helping you either. Were you really ever a resident landlord? If so, how did that actually work in a studio flat?
I have sent out a request for some specialist help and commentary to Sam from Spareroom.co.uk and also to Paul Shamplina from Landlord Action.
As yout tenant is already proving to be difficult in terms of changing locks, not paying rent and not speaking to you I think you need to tread very carefully. If you simply throw her stuff out and change the locks she may well report you to a Tenancy Relations Officer who has the rights to re-enter the property by kicking the door down if needs be. A Tenancy relations Officer would also have the power to arrest you for wrongful eviction.
My gut feeling is that you really ought to take professional advice in respect of eviction in this instance. Yes it will cost you money but you are already losing money in terms of unpaid rent. You need to sort this as quickly as the law will allow without getting yourself into trouble. Professional advice may well save you a lot of money and heartache in the long run. Therefore, I suggest you contact a firm such as Landlord Action. Please see >>> http://www.property118.com/tenant-eviction/39099/
15:52 PM, 29th June 2013, About 10 years ago
Gotta correct you there Mark, us TROs dont have powers of arrest. We can do criminal prosecution buts that's it and you are right we could use force but in a case like this I wouldnt.
In fact I wouldnt touch it with a bargepole; period!!!
In law a lodger is termed an "Excluded Occupier" and what they are excluded from is the normal eviction procedure and cover from the Protection from Eviction Act. The resident status of the landlord is crucial in determining lodger status in that they must be truly resident in the property as their 'Sole or principal home'. Given Tonya's story here, if it came to me I would take the view that even though working away from home the property is still her principal home. If she was living somewhere else then I would advise that she has given up the accommodation and consequently loses her resident landlord status.
Bear in mind that the other occupier may give a different story to any TRO or worse, to the council who may deem that if sub letting Tonya may have broken the terms of her right to buy contract. It would be the first time a council officer went off half cocked
Mark Alexander - Founder of Property118
10:42 AM, 1st July 2013, About 10 years ago
Having had some experience of working as a Consultant to a law firm I can shed some light on what questions a lawyer might be asking of this aggrieved tenant.
1) Are any of the household bills in your name?
2) Does your landlord have another address?
If any of the answers to these questions are yes then the lawyer will use this to argue that the tenant was more than just a lodger.
If the locks are changed and the tenants possessions are left outside then Ben's equivalent might well receive a very strongly worded letter from the solicitor asking him to take action based on an illegal eviction. Simultaneously, the lawyer may well look to take on a case like this on a no won no fee basis, especially if the evidence is sufficiently damaging. This will increase the pressure for a TRO to take action for fear of not doing so might earn the Council a bed reputation if the case is won in court and the Council had refused to take action.
I am not trying to be alarmist here and it may well be that Tonya has absolutely nothing to worry about as per Ben's post above.
However, as Ben also stated, there are often two sides to a story. If the flat had been a two bed with the lodger renting one room I may not have been quite so concerned. However, two strangers sharing a studio flat ........?
Better to be safe than sorry and to explore all of the potential issues and consequences before taking action I suggest.
11:41 AM, 1st July 2013, About 10 years ago
Oh I dont disagree with you Mark. We do indeed regularly fend off letters from solicitors and Shelter asking why we arent taking action but it is for us to decide. At the end of the day, it's the council's prosecution and the tenant is merely our witness if we take it on and , just like the CPS we have to assess what our chances of success are because we are using public money. The majority of cases I have to drop arent so much for want of evidence but the credibility of the tenant. In fact I have just had to drop a case due into the Crown Court this month against a landlord who illegally evicted a tenant and destroyed all her personal possessions last summer. We have the witness statements and the evidence but the tenant is now facing a jail sentence for fraud. Defence barristers would pull her to pieces in the witness box and we, the prosecuting authority would end up with all the costs of a lost case.
I feel sorry for the tenant but it’s the way it is.
Harassment and Illegal Eviction are criminal offences and so breaches must be proven beyond all reasonable doubt. Tonya's version of events severely muddies the water enough for a TRO to be very cautious about proceeding.
Having said that, a solicitor could have a go at civil action, where the standard of evidence is only 'Balance of probabilities' about which party is telling the truth.
11:52 AM, 1st July 2013, About 10 years ago
as Mark says, the first thing to do is establish whether you can be considered a resident landlord or not. I'm not a lawyer and would advise you to get some legal advice on this front. Tessa Shepperton of Landlordlaw.com is a good source of specialist information on tenancy law.
Don't do anything hasty like moving her things out. This could give you more grounds for trouble. It's a bit late now for this advice, but we'd suggest you should always put things in writing, and go for a written licence agreement that sets out exactly the terms of the agreement. Even if you start as friends, it may not end that way, and the licence will give you both something to refer back to in case of disagreement.
Don't be cowed by her threat of legal action. Get some advice now, and make sure you start to put all correspondence in writing, so you have evidence.
More information for landlords and homeowners letting out a room in their homes is on SpareRoom: https://www.spareroom.co.uk/content/info-landlords/advice-landlord/
Justin Selig - solicitor
13:34 PM, 1st July 2013, About 10 years ago
Having read the posts above, I would tend to agree with Ben Reeve-Lewis. If this is your principal residence then the other person living in your flat is a lodger with very little rights. I am assuming that she does not have exclusive possession of any part of your property - in which case you can probably just change the locks.
Obviously, I would like you to clarify her position before advising you to go ahead and do so, so if you want to contact me, please see my member profile.
20:07 PM, 1st July 2013, About 10 years ago
i am certainly no expert here but from a common sense point of view , if you pay the council tax etc and can show the flat to be your residence then surely this lady is a lodger not a tenant, i would throw her out and see what happens.
Mark Alexander - Founder of Property118
20:13 PM, 1st July 2013, About 10 years ago
@Andrew Townsend - that's very easy to say but would you really risk the massive fines associated with illegal eviction if you were at all unsure?
11:29 AM, 2nd July 2013, About 10 years ago
I have no relevant professsional qualifications, but 2 things seem to me to be at the heart of this:
1. The lodger came into the property as a lodger and as such has very few rights, being present only on license, even though in this case there is no written license.
2. If she is trying to claim that she is now a tenant she must show that she is paying rent, or is supposed to be paying rent. You can't have a "rent free" tenancy. If there is no rent there is no tenancy. To do this she would have to describe how she came into the the flat in the first place and why she is no longer making any payments. This might well blow her own case out of the water.
But the best get professional legal advice from a firm who specialise in property matters. Don't go to your local friendly branch of Bumble and Shafter, general high street solicitors. As has already been said it will save you money in the end.
15:09 PM, 2nd July 2013, About 10 years ago
Andrew I'm afraid common sense isnt the issue here, it's a legal quandary. Proof of council tax payments would help but it is, on it's own, nowhere near decisive. Neither are bills, bank statements or correspondence. You would be amazed how many cases I see where the tenant repeatedly complains that the landlord keeps visiting the property to collect post that they dont have redirected.
It often comes down to more prosaic facts. I have visited properties and looked in wardrobes in rooms that the landlord says they live in to gather hard evidence. The legal issue is THAT important.
As I mentioned earlier I think any TRO wouldnt go off half cocked given the 2 possible stories and the need to gather evidence 'Beyond all reasonable doubt', but an inexperienced housing officer managing the council's right to buy stock is not usually versed in housing law and may instigate possession proceedings against Tonya for breach of her contract. To my mind that is more of a pressing issue than prosecution for illegal eviction