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 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.
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- 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.
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- Contacting Us
10:23 AM, 8th December 2021, About A year ago
If your tenancy is properly drafted the tenants will be "jointly and severally" liable. If not, it becomes your problem.
Assuming the tenants are so liable it means you can pursue each and every one of them for the entire rent. The fact that the individual tenants paid their "share" of the rent is irrelevant. You can recover the full rent from the remaining four.
I recommend you explain the legal position to your tenants and their guarantors and explain that it is their problem. If you are feeling generous you can offer that if they can find another person to replace the lad then you are prepared to "novate" the tenancy so that A, B, C, D and E become A, B, C, D and F. You will need to renew the guarantees as well. However, it will be almost impossible for you to recover the costs involved in dealing with the paperwork as the Tenant Fees Act will almost certainly catch you out if you try to charge more than £50.
11:31 AM, 8th December 2021, About A year ago
Reply to the comment left by Ian Narbeth at 08/12/2021 - 10:23
Thanks Ian that's very helpful. i was thinking of charging £50 to release him from the contract. then the balance falls squarely on the other tenants. this would motivate them to find another tenant to take up the slack. then the kid in question is free to go. thx again. 🙂
11:52 AM, 8th December 2021, About A year ago
Lloyd, don't formally release him. If you do it might get messy legally. The other tenants would still, potentially, have a right to claim from him so your "release" may not work.
If you start varying/cancelling obligations you need proper legal advice. Otherwise you could find you inadvertently release the guarantors. Even if you are legally in the clear, if you give the tenants or the guarantors any excuse to argue that they are released they may take it and you will have to spend thousands of pounds on advice. Leave this to the tenants to sort out among themselves.
11:56 AM, 8th December 2021, About A year ago
I have had this problem over the forty years of renting to students. Ian has explained this situation brilliantly. As long as your lease is jointly and severally liable, and I don't see how a shared tenancy unless special terms are in the lease can not be.
In fact I had this situation in September this year, so the tenants found a suitable tenant. I renewed the lease, the guarantees, and even renewed the deposit protection. All went well. It was a lot of work for me but as I'm self managing it was all done for free but well worth it for peace of mind. There was a gap of four weeks but the leaving tenant had paid the rent, but out of appreciation of this I reimbursed her and took the loss.
You also say after twelve months fixed tenancy the tenancy rolls on with only one month notice. I have tenants stay on, although in my case some go and others join them. I therefore put them on another fixed term tenancy for twelve months. I don't know what sort of tenants you have but if it's students, and it looks as if the one in question is, then I myself could only cope with twelve months fixed tenancies, although I know the law in Scotland is disastrously different.
I can't see how releasing this tenant for £50 helps. When Ian mentioned £50 I think he meant it for the work to renew the lease? You should, as Ian advised, inform your tenants and as soon as they realise the implications, they will find a new tenant or even you yourself help find an acceptable one to all parties. That's always worked for me.
I hope you sort this out soon as I know it can be a worrying situation for everyone, and can become as you are finding it, an emotional experience.
12:00 PM, 8th December 2021, About A year ago
Reply to the comment left by Lloyd at 08/12/2021 - 11:31
I think you will find that you do not have the power to release the tenant from the contract let alone to charge him £50 for doing so. The most that you could do would be to agree not to pursue him for any unpaid rent or other obligations that might arise after his vacating the premises but that would not prevent the other tenants doing so.
Only the four remaining tenants would be in a position to release him from paying his share of the overall rent.
12:06 PM, 8th December 2021, About A year ago
Reply to the comment left by Seething Landlord at 08/12/2021 - 12:00
That's not correct. If the landlord and the other four tenants all release him, he will be released. The four remaining tenants on their own cannot release him. The landlord could still pursue the departing lad for some or all the rent. The four could agree to indemnify him but why would they?
12:33 PM, 8th December 2021, About A year ago
Agree with Ian Narbeth's comments (good advice as usual) but as I see it, you should be able to charge the following under the Tenant Fees Act.
1. £50 to create a new contract when a tenant wants to leave a "joint and several" tenancy.
2 £30 as my costs (time and motor expenses) to travel to the property to meet the new replacement tenant and sign the contract with all the tenants.
3. Reprotecting the deposit - with MyDeposits Custodial, there is a great deal of information that has to be recorded and that takes time. If you employed someone to do that, the cost would easily be £40. If I do it can I charge that amount?
The Tenant Fees Act on the GOV website states the following as claimable;
* payments associated with early termination of the tenancy, when requested by the tenant
* payments capped at £50 (or reasonably incurred costs, if higher) for the variation, assignment or novation of a tenancy
As I see it, the costs I have described are "reasonable incurred".
12:45 PM, 8th December 2021, About A year ago
I've seen this as both parent and landlord. Students are more likely to drop out at the end of the first term than any other.
Parents must sign the guarantor's agreement without reading or thinking - it's naive because a student landlord's business model must rely on it.
The current group of students will have already formed a friendship group. They're unlikely to find a new tenant themselves - or be friendly towards a strange new tenant you find - without an overriding reason. So all tenants and guarantors must understand they're equally liable to motivate them to find a new tenant (the best outcome) or pay from their own resources.
There could be other reasons for leaving so I wouldn't feel too sorry for the one who dropped out. They'll need to get a job and perhaps mum will let them live at home rent-free. Lesson learned for both of them.
13:14 PM, 8th December 2021, About A year ago
Reply to the comment left by Yvonne Francis at 08/12/2021 - 11:56
Thanks Yvonne. yes i was thinking of recharging the cost of redrafting the contract not a fee as such. thx for your perspective. and yes, Ian explained this brilliantly.
13:15 PM, 8th December 2021, About A year ago
Reply to the comment left by Ian Narbeth at 08/12/2021 - 12:06
Sorry, but I think you might have misunderstood my comment. The points were:
1 - the landlord could not unilaterally (i.e. without the agreement of the remaining tenants) release one of the tenants from the contract (this is what I understood Lloyd to be proposing)
2 - he could enter into a separate agreement with the departing tenant to not pursue him for any future unpaid rent or damage etc. (but why would he?)
3 - Only the four remaining tenants would be in a position to release the departing tenant from paying his share of the overall rent i.e. as between themselves.
What is incorrect about this?