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 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.
- 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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- 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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- 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
15:31 PM, 29th August 2014, About 9 years ago
That sounds worong to me too.
If I was in your shoes I would write back to the Council to explain the configuration and ownership of the building and ask them to quote the specific legislation they are referring to.
16:41 PM, 29th August 2014, About 9 years ago
Assuming you have a clear chain of freehold and leaseholder title and you are paying council tax on this single leasehold property within the block of separate units, I can't see how the council can possibly claim you are living in an HMO. Hounslow Council, chosen at random, say an HMO "is defined under sections 254 & 257 of the Housing Act 2004. An HMO can be a building or part of a building if it is:
◾Occupied by persons who form more than one household and where those persons share (or lack) one or more basic amenity, such as a WC, personal washing and cooking facilities
◾A converted building containing one or more units of accommodation that do not consist entirely of self-contained flats. (There is no requirement that the occupiers share facilities)
◾A converted building consisting entirely of self-contained flats, where the building work undertaken in connection with the conversion did not comply with the 1991 Building Regulations and more than one third of the flats are occupied under short tenancies."
Again, I assume that your flat conversion has planning permission and completed building regulations as above.
18:08 PM, 30th August 2014, About 9 years ago
Hi Warner, from what you are saying it sounds to me that your Local Authority are fishing by sending letters out in a speculative bid to identify HMO's. Has the building always been three self contained flats or is it a conversion? If the latter I would check that building regs have been complied with and if ok send a letter back to to the LA, as suggested by Mark, and ask them to define on what basis they feel it qualifies as an HMO. If you cannot trace building regs etc send the letter anyway.
20:28 PM, 30th August 2014, About 9 years ago
I agree with previous comments. The building appears to be a s.257 HMO and,
as such, it is not licensable.
9:05 AM, 1st September 2014, About 9 years ago
Thanks for the comments so far which are very helpful. I purchased the flat about 8 years ago after it had undergone a conversion from a large house into in to the separate flats. There is a communal front door and hallway, otherwise each is self contained with it's own front door and all the normal ammenities My solicitor did not raise any issues at the time of purchase so I am not aware of any planning/regs issues. Each of the flats appear to be let through various agents from time to time. Where I have had a void period I have been sent a council tax demand and paid this, otherwise the tenant/s have paid it which I believe is quite normal.
The council in their letter also said that they have written to the other leaseholders and also recommended that the leaseholders formed a management company who would be responsible for the HMO licence.
I plan to write to the council to seek clarification and set out the position as I believe it to be (thanks for the comments).
Once I get a response, hopefully the right one can share this also.
12:51 PM, 1st September 2014, About 9 years ago
Reply to the comment left by "Warner Beekmeyer" at "01/09/2014 - 09:05":
Warner, May I suggest you first speak with the Planning and Building Control departments at your council, to establish the facts before writing to them? There should be a planning permission number for the conversion, including plans and comments by the planning officer, which should help your argument that these are separate flats. The plans should be online if they are only 8 years old: try searching the address at your council's website or the Planning Portal.
Building Control documents are not generally available online, so either visit their offices or ask the duty officer to look up the inspector's reports. A planning permission number will help them, so get that first.
Mark Alexander - Founder of Property118
13:16 PM, 1st September 2014, About 9 years ago
Reply to the comment left by "Tony Atkins" at "01/09/2014 - 12:51":
Thanks for getting involved.
NOTE FOR WARNER - listen to Tony's advice, he really knows his stuff in this area 🙂
15:37 PM, 12th September 2014, About 9 years ago
I have just heard back from the council as follows:
They say that the Section 257 applies and that they have checked with Building Control and can find no record of a conversion and hence no completion certificate.
Also, that the property (I assume the house) is less that 2/3 owner occupied.
Further, the say that the property is needs to be licensed under the Additional Licensing scheme, not to be confused with Mandatory Licensing scheme.
My first question relates to the conversion, should this not have been picked up by the solicitor? I have just read a document relating to the requirements for HMO managers and it does seem quite extensive?
16:18 PM, 12th September 2014, About 9 years ago
It would seem self-evident that the solicitor would check not only the freehold and leasehold title arrangements, but also that the flat had been converted legitimately, with full planning permission and building inspection. To me it is almost inconceivable that there isn't a planning history if the conversion was only done eight years ago, but I suppose it is possible a builder just slapped in some new kitchen and bathrooms, heating systems and new front doors, then instructed the Land Registry to create a new freehold and leaseholds, and Planning and Building Control knew nothing about this. If so, your solicitor has really let you down, because if there's no planning permission, you could be in serious trouble.
But if that's the case, who have you been paying council tax too all this time? If council tax and formal addresses have been assigned to each flat, from my experience (I have built and sold a new apartment block and collection of flats) the Valuation Office Agency and the Street Names and Numbering department at the council always check first that the flats have planning permission.
Also, if the conversion was only done 8 years ago, you would normally expect to get an architect's new-build warranty or a warranty from NHBC or Premier Guarantee on the apartments. These warranties last 10 years, so your solicitor should have expected to receive one of those as well.
Are there really no records in Planning or Building Control? It is possible for documents to be misfiled or lost.
The whole situation does seem odd to me: is your Planning department on some sort of fishing expedition, checking every multiple-unit building in the borough in the hope of identifying potential HMOs?
I think you need urgently to take some legal advice as well, to review your original conveyancing paperwork and see what is actually known about this property, and to assess whether the council is acting properly regarding the Section 257 notice.
Was the freeholder a management company or an individual? If a company and it is in administration you should be able to find out from Companies House who currently handles its assets. It may be a bankruptcy administrator, or if may have been sold on. You need to find out quickly because if it's been sold on, who knows what they might try to do in terms of increased charges.
Find out who the other leaseholders are too: you need to work with them and ideally buy the freehold yourselves, so you can control this. See http://www.leaseholdlife.info for some useful information on leasehold issues.