Privacy Policy
BACKGROUND:
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.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site
. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
| “Account” |
means an account required to access and/or use certain areas and features of Our Site; |
| “Cookie” |
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; |
| “Cookie Law” |
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
| “personal data” |
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 |
| “We/Us/Our” |
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 npatterson@property118.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?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
- 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?
Depending upon your use of Our Site, We may collect some or all of the following personal data (please also see section 13 on Our use of Cookies and similar technologies):
- Name;
- 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?
- We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
- 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.
- You may restrict Our use of Cookies. For more information, see section 13.
- 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 info@property118.com, or using the contact details below in section 14.
- Our Use of Cookies
- Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
- 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:
| Name of Cookie |
Purpose |
Strictly Necessary |
| JSESSIONID |
Used only to collect performance data, with any identifiable data obfuscated |
No |
| __cfduid |
This cookie is strictly necessary for Cloudflare's security features and cannot be turned off. |
Yes |
- 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:
| Name of Cookie |
First / Third Party |
Provider |
Purpose |
| __utma, __utmb, __utmc, __utmt, __utmz |
First |
Google |
Helps to understand how their visitors engage with our website |
| _fbp |
First |
Facebook |
Helps to understand how their visitors engage with our website |
- 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
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at info@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).
- Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Mary Latham
12:23 PM, 27th February 2012, About 12 years ago
Skrishna I am really sorry to hear about the situation with this tenant. So that I am clear about the facts may I just tell you what I think you are saying is the situation
The council are letting your property for you?
The council have moved a tenant in who is behaving so badly that all the other tenants have moved out and he is now the only tenant?
There is a person living with this tenant who is keeping people out of the property because they are afraid of him?
The tenant is no longer paying you rent?
He has changed the locks and you cannot get into the property?
You feel vulnerable because of his behaviour
You think that this tenant has now become a squatter?
If you would please confirm that I understand the details correctly or tell me where I have got it wrong I will give you some information to help you. I cannot give advice because I am not insured to do so.
Mary Latham
12:36 PM, 27th February 2012, About 12 years ago
Thank you for that story Tony when landlord hear about good guys getting caught out it makes the point that it can happen to any of us.
I tell landlords to serve a Section 21 on all tenants 3 months in and to tell them that you are doing this to ensure that you will have legal vacant possession when they decide to bring the tenancy to an end. This is in fact very useful when tenants leave without notice or do no surrender the keys. It also saves time in the event that we do need to get the property back ourtside of the first six months or fixed term. Once a S21 is served there is no time limit on when you can enforce it so long as you have not put an new AST in place it will run along side the AST forever.
In this case there was no need to issue the S21 a second time the court should have been asked to enforce the first one.
13:11 PM, 27th February 2012, About 12 years ago
Thanks for your comments. I did not perhaps
make it clear the reason a second notice was applied was that the
first sent recorded delivery was returned marked unknown many weeks later and
then a proof of hand delivery had to be made.
Mary Latham
14:31 PM, 27th February 2012, About 12 years ago
Thank you for clarifying that Tony because so many landlords send recorded delivery or registered post and this is what happens. If the notice is sent by post two copies should be posted from two post offices and proof of posting (this is free) obtained and kept on file. If the notice is delivered by hand a witness statement should be signed by someone who is not a family member and this should state that they saw the notice and read that it was called a Section21 and that it was then put into an envelope and delivered to the address.
Tenants often say " an empty envelope came" and this is why I like witness statements which can be attached to the paperwork should this go to court.
Recardo
11:29 AM, 15th November 2012, About 12 years ago
Hi All,
I have been reading up about section 21 notices I hope some one can answer my questions.
I have read Mary Latham's post from 9 months ago. She says to serve a section 21, 3 months in so you will get legal vacant possesion when you want the property back as long as no new AST is put in place, and the notice has no limit.
Q1: new tenant on 6 month AST, starts 1st January. Section 21 given 3 months later. 1st July rolls over to Periodic (requires 2 months notice by landlord & 1 month by tenant).
I now need possesion by 1st Nov.
How do I give notice if a new section 21 is not needed. Do i Just write a letter a letter before the end of August so they have more than their 2 months notice. The section 21 may have no expire time but it would state possesion required by 1st July.
Q2: How should this letter (or new sec 21) be delivered if the property is distant (to far to give by hand) so the tenant can't deny getting it.
I have read it has to be 1st Class post in one case and by recorded delivery. How about scaning the letter (or new Sec 21) and send it by first class posy and email?
Q3: If they do not leave how do I then enforce the eviction. Do I just go to a court and fill out some paperwork saying I want possesion. If so does the Court have to be in the area where the property is. or where I live 90 miles away?
Q4: In the example I have Given, the tenants is on a periodic and served with a Section 21 because they have agreed to make payments. If they do not make payments as promissed could I then serve a Section 8 on the ground of none payment of rent which could give me possesion in 2 weeks, or would i have to waite for the date previously given on the sec 21.
I would be gratefull for any advice.
Recardo
Mary Latham
16:49 PM, 16th November 2012, About 12 years ago
Hi Richardo,
How do I give notice if a new section 21 is not needed. Do i Just write a letter a letter before the end of August so they have more than their 2 months notice. The section 21 may have no expire time but it would state possesion required by 1st July.
Ans The S21 is still in place and you should write to your tenant to say that you now intend to enforce the Notice (enclose a copy) served on x date and that you would like him to leave by x date One month from the date of your letter is usual
Q2: How should this letter (or new sec 21) be delivered if the property is distant (to far to give by hand) so the tenant can't deny getting it.
Ans. You should post the letter from 2 separate Post Offices and ask for Proof of Postage - this is free. Get a witness to sign a statement to say the he read the letter and saw you post it at x and y locations on x date
I have read it has to be 1st Class post in one case and by recorded delivery. How about scaning the letter (or new Sec 21) and send it by first class posy and email?
Ans Do not use recorded delivery because this gives a tenant the chance to refuse it. Please see above
Q3: If they do not leave how do I then enforce the eviction. Do I just go to a court and fill out some paperwork saying I want possesion. If so does the Court have to be in the area where the property is. or where I live 90 miles away?
Ans If they do not leave you need to use the same process as you would if you had served it two months before and get the Court to enforce your Notice
You can use Accelerated Possession Process which means that you should not need to go to court. Tessa Shepperson explains everything you need to know here http://www.landlordlawblog.co.uk/2010/03/29/urban-myth-using-accelerated-possession-procedure-is-really-quic/
Q4: In the example I have Given, the tenants is on a periodic and served with a Section 21 because they have agreed to make payments. If they do not make payments as promissed could I then serve a Section 8 on the ground of none payment of rent which could give me possesion in 2 weeks, or would i have to waite for the date previously given on the sec 21
Ans When you serve a Section 8 on Ground 8 it is two weeks before you can ask the Court to make a date for the hearing to enforce your Notice not two weeks before you gain Possession and a Court date can be several weeks away. Sections 8 and 21 Notices can be in place at the same time and you can wait to see which one give you Possession first, one will not preclude the other.
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Recardo
12:15 PM, 22nd November 2012, About 12 years ago
Hi Mary,
Thanks for answering all my questions, as your post was listed 9 months ago I did not expect an answer from you in person.
Mark should find a place for this topic where it could be seen without trawling through lots of old Posts. I'm sure your answer would be of beneit to other LL like myself who have never had to go through eviction processes. People are now on hard times and I can only see them getting into arrears
My lady tenant is on LHA benefits works part time, has 2 kids and a stop at home husband. She got into arrears about 12 months ago, and I allowed her to make up the rent in arrears inatallments. I also suggest she should get the council to sign over the rental payments to me.
12 monts on she missed her payment at the 1st of the month, she said she would pay half the rent before the end of the month, and the full rent at the begining of the following month, so i agreed.
At the end of the month she paid £100 in to my account, then missed the next months payment. so now 2 months in arrears less £100. I contacted her , she said she was finding it difficult to find the rent. I asked her how was it difficult to find the rent when the Council gave it to her on the 27th of the month. She said her sister would help her out but was away and not back for 2 weeks.
I downloaded a section 21 and sent it to her stating I had contacted the council and ask for direct payments from them as she was 2 months in arrears. If I did not recieve direct payment from them, and an agreed arrears payment plan from her, her family would have to vacate by 1st Feb 2012.
I forwarded her an email received from the council which said her benifits will be suspended, along with a scanned copy of the section 21 I posted 1st class. I said she would receive a letter from the council and said she should take the Sec 21 with her when she went to see them. I said if she did not receive my letter with notice I would send a copy to the council, by email, and one to my cousin (who lives locally) to deliver to her by hand.
She email me to say she received the notice and was going to the council asking for direct payments to me.
The lady is a nice person who has fallen on hard times so I do not want to evict her, but action should be taken if they miss an agreement and keep asking for time. 2 months becomes 3,4 etc, and by the time notice is given i could be 6 months or more in arrears with no chance of recouping it. I am not flush and still have the 80% ltv mortgage to pay.
Regards
Recardo