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 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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- Contacting Us
15:20 PM, 2nd July 2013, About 10 years ago
@Michael The legal problem with your suggestion is that to be a resident landlord and thus create an excluded licence (Lodger) the landlord must have been resident at the start and since the letting began. If the landlord moves out then they lose their resident status and the security of tenure of the occupier will change from Excluded Licence to common Law tenant. In order to evict a common law tenant 1 month's notice to quit must be served, followed by a a possession order granted by the court. To evict without the possession order would be an illegal eviction, which puts Tonya back in trouble again, so the facts and circumstances surrounding Tonya's resident status is absolutely central to this query.
On the matter of rent, it is true, as you state that there can be no tenancy if there is no arrangement for rent or money's worth in the arrangement but Tonya says "She has stopped paying rent" so we must presume that rent was in the original deal.
Sorry to sound pedantic on all I am saying here but I'm afraid 'Pedantic' is the deal. Tonya is embroiled in a legal matter, not one of common sense or 'damn the torpedoes'
10:22 AM, 13th November 2013, About 9 years ago
I realise this an old post, but after reading it a second time, a further question comes to my mind.
This is something that has been intimated in both the original comment and the responses, but hasn’t been directly addressed.
The OP opens by saying “If I am being honest I had some financial troubles and her contribution helped with my bills and keeping my head above water.”
Later on, Mark Alexander touches on this “...two strangers sharing a studio flat ……..?”
It certainly looks as though the tenant/lodger was in fact a friend or relative of the OP. Most lodgers who are renting a room purely as a business arrangement wouldn’t decide that their landlord’s financial circumstances had improved so they don’t need to pay rent any more.
Also - and this is purely theoretical, I'm not suggesting this was the case - supposing the tenant/lodger’s financial contributions had been more than just a reasonable rent, even if she didn’t directly contribute toward the purchase of the property (which would definitely give her rights) – would this not give her a right to occupy, at least for a time, without paying any more rent?
I ask this as a large proportion of room letting arrangements are in fact between people who have a prior relationship of some kind, and are often fairly ad hoc, informal arrangements.
Thanks in advance for your thoughts on this.
Mark Alexander - Founder of Property118
7:54 AM, 14th November 2013, About 9 years ago
Reply to the comment left by "Mandy Thomson" at "13/11/2013 - 10:22":
I'm glad you've picked up on the flat being a studio, i.e. living room and bedroom usually being the same room. Was the lodger sharing a bedroom with the landlord at one time? If not, how did that work?
Even if they were sharing a bed, the lodger still wouldn't have any rights of tenure unless it could be proven that the landlord didn't actually live there.
Perhaps the tenants were at one time a couple? Even if they were, I still don't think this changes what I've said above, unless of course they were a married couple or in a Civil Partnership. I don't think the amount of rent paid changes anything.
Having said all of that, in this particular case, I think it could be very difficult for Tonya to prove that her lodger is not a tenant. Tonya is able to argue that it's her house and may well be able to prove that all the bills are in her name. However, the fact that it's a studio flat and that Tonya travels with work does raise reasonable doubt as to the true basis of the arrangement. If Tonya's lodger gets a few witness statements to say that Tonya hasn't lived at the property since the tenant moved in I think a judge may well be persuaded that Tonya's lodger is a in fact a tenant and that the eviction process for tenants needs to be followed.
As you said, this is an old thread now and the issue may well be done and dusted.
I'm hoping that Tonya will post an update comment.
7:52 AM, 15th November 2013, About 9 years ago
Thanks for responding to my comment on this.
Yes, I agree - if Tonya's occupier could prove the property wasn't in fact Tonya's main home, she could prove that she was in fact a tenant, and not just a lodger. If she could prove she held that tenancy after January 2013 (when the Prevention of Social Housing Fraud Act 2013 became law) and before Tonya actually bought the flat, she could theoretically prove an illegal sub tenancy!
However, I was assuming that the occupier was a former friend of Tonya's who was sharing the home with her. Again, purely theoretically, if the occupier's contribution (either financial and/or work done to maintain or improve the property) was very substantial, she might be able to prove to a court that she had a beneficial interest in the property under a constructive trust (please see HSBC Bank plc v Dyche and another  EWHC 2954 (Ch) http://www.burnetts.co.uk/publications/factsheets/beneficial-owners-and-occupiers-the-dangers).
For the record, I would like to say that I'm not suggesting here that either of these 2 scenarios is true, I'm just looking at the rights of an occupier IN THEORY and I realise an equitable beneficial interest would be hard to prove.
Thanks again for any comments.
Mark Alexander - Founder of Property118
7:59 AM, 15th November 2013, About 9 years ago
Reply to the comment left by "Mandy Thomson" at "15/11/2013 - 07:52":
I'm impressed Mandy, are you a L&T solicitor by any chance?
If you are, maybe should should add more detail to your Member Profile, you may pick up some extra business as a result of people reading these comments. If you become a sponsor of The Good Landlords Campaign you will get a bio section in your Member profile too. It's well worth doing, I see the stats and member profiles are looked up by readers a lot more than you might think. Every comment links back to a members profile. People like to know a bit about who they are talking to they do get read, if only out of curiosity, but occasionally because a person wants to do business with you.
14:02 PM, 15th November 2013, About 9 years ago
Many thanks for your high opinion, but I'm afraid my legal qualifications only amount to a certificate from the Land Registry and the College of Law, plus knowledge picked up from working for the Land Registry then from being a landlord! A less than ideal experience of being a lodger for a while then inspired me to look into the law and other issues around licences to occupy, and I decided to research the area in depth and write my own website, as a project while I was learning web development. The site has been live since last May.
However, I will certainly look into your suggestion and many thanks for that.