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 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.
- 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
15:19 PM, 13th September 2016, About 7 years ago
I am hoping that both Mandy Thomson and Charles King (Barrister-At-Law) will comment on this because I too want to add a question based on a scenario.
If your niece was to take a holiday for a week then there could be no doubt that the property would remain her home.
If she continues to pay the bills, retains the keys to the property and a room available exclusively for her own use whenever she wishes to return, I cannot see why this would change anything if by her "holiday" being extended to a year or more. She could decide she hates it there and return after just a few days. Obviously, if she does settle in Australia there must surely be some cut off point but what is it? Buying a house perhaps? Renting a property in Australia? Surely not the latter? I have rented several properties short term for holiday use only.
I might be wrong so please don't treat this as advice.
Charles King - Barrister-At-Law
15:48 PM, 13th September 2016, About 7 years ago
Fiona, the scenario you describe does have some dangers. Firstly and most importantly Scottish law is different from the law of England and Wales, so this advice might not be right. Under English law the likelihood is that she would be creating a tenancy in favour of the current lodger. Much would depend on the terms of the licence/lodger agreement she has, and the extent to which your neice has left belongings behind and has an intention to return which she can prove through correspondence, etc., just as Mark says. The danger is that she and the lodger/tenant will fall out during your niece's absence, and/or that the lodger may refuse to leave upon your niece's return (or even more seriously, her non-return). You will also need to consider whether and when she needs to serve an AT5 form (which I understand to be the Scottish equivalent to the old 'section 20' notices which before 1997 were a pre-requisite for an assured shorthold tenancy to exist), and whether there is a Scottish equivalent to a s.48 notice (notification of LL's address) without which no rent is payable. It might be wise to get the lodger to agree to sign a tenant's Notice to Quit, to expire on your neice's proposed return date. It might be necessary to recover possession through the courts upon your neice's return. What if the rent goes unpaid? Who will be looking after your neice's interests at home while she is away? Why not allow a relative to grant a tenancy of the property, putting their name down as landlord (thereby creating a 'tenancy by estoppel' with a 3rd party as landlord, who could enfoce the tenants obligations in the local court)? Subject to all these, and other, potentially difficult problems, it is an arrangement which might work provided the lodger is 100% trustworthy. I don't mean to be a cynic, but nobody is that trustworthy! Best of luck!
18:06 PM, 14th September 2016, About 7 years ago
Whereas a lodger in England or Wales who rents a room and shares living accommodation with his landlord is a licencee, in Scotland such a lodger has the legal status of being a tenant albeit only a common law tenant, not with the same rights as a tenant who rents a whole self contained property (I believe mostly an assured tenant in Scotland). A common law tenant requires a months notice to quit (usually just a letter) which must be enforced by a possession order if the lodger refuses to move out on expiry of notice.
However, as the landlord, your niece, is proposing to stay away long term, this could at least temporarily promote the lodger's rental status.
In England, if there is no resident landlord living at the property temporarily, the licencee is promoted to a common law tenant until the resident landlord moves back in (or his or her successor, provided the lodger has been properly notified). However, as a Scottish lodger is already a common law tenant, this means the lodger will become an assured or even a secure tenant.
The property remains the landlord's home if they are still resident there, but are simply staying away. However, it's my understanding that there is no definitive test of residency, and in practical terms, how likely is the lodger to allow your niece to move back in as resident landlord and revert to just being a lodger again? If nothing else, I could see the friends falling out over this, as the lodger is likely to resent giving up her new found space, even if she is a reasonable person.
If your niece were to move out, as opposed to simply staying away, leaving her friend in situ, she would have granted her a more secure tenancy by default, and would not be able to move back in until her friend gave her vacant possession.
You can't get rent guarantee insurance for a lodger, but there are some companies who will consider "DSS" tenants such as Rentguard https://www.rentguard.co.uk/insurance/rent-guarantee.html
To conclude, I think we've answered the question of what happens when a Scottish resident landlord moves out, but the real question here is would your niece be deemed to be moving out, or simply staying away from the property, but maintaining residency there?
Mark Alexander - Founder of Property118
18:34 PM, 14th September 2016, About 7 years ago
Reply to the comment left by "Mandy Thomson" at "14/09/2016 - 18:06":
Thank you also to Charles.
What you have both said, far more eloquently than I did, is pretty much as I thought originally. If I was the homeowner I certainly wouldn't want to become a "test case" on something as important as this and I that basis I'd err on the side of caution.
20:44 PM, 14th September 2016, About 7 years ago
In England, a 'lodger' may be either a (common law) tenant or a licensee depending on the agreement and the facts. This isn't affected when the resident landlord is temporally away as long as the property remains his principal residence.
The tenant/licensee would be excluded from the Protection from Eviction Act 1977 so I don't think that a court order will ever be legally required to evict.
23:43 PM, 14th September 2016, About 7 years ago
Reply to the comment left by "Romain Garcin" at "14/09/2016 - 20:44":
You're right regarding lodgers in England and Wales but in Scotland there are few (if any) licence agreements relating to residential property.
In Scotland, nearly all lodgers renting a room and sharing living accommodation with their landlord have exclusive possession of their rooms by law, whereas in England and Wales they do not, meaning Scottish lodgers are common law tenants but English/Welsh lodgers are licencees.
9:57 AM, 15th September 2016, About 7 years ago
Thank-you for all your comments.
Mandy, I really appreciate the distinction you make between English and Welsh law and Scottish law. I will discuss this with my niece.
12:37 PM, 16th September 2016, About 7 years ago
I've being looking further into this residence/domicile question, and since I did my research and published my website for live in landlords and lodgers, HMRC have introduced their statutory residence test, and the habitual residence test has been introduced for benefits and public housing purposes. Note that these tests are guidelines and a rule for certain purposes, not a law. There remains no absolute legal definition of UK domicility.
However, IMHO it could be argued that these tests both reflect what a reasonable person would say was a sufficient test of someone's place of residence. I believe that if your niece leaves plenty of her possessions (including clothes) in the flat, maintains her bedroom, has mail going there, remains registered with her GP, and last but not least, can spend at least a month of that year living back at her flat, I believe she would have a very good argument that the flat remains her permanent residence and she therefore remains the resident landlord.
There are many live in landlords who have jobs that take them away for weeks, even months at a time, but because the property remains their main home, they maintain their resident landlord status.
However, as has been mentioned, there is still a risk for your niece here, if only that her friend could take legal action against her if she wanted to prove she was a tenant, whether or not this would be successful. You niece needs to balance this against falling out with her friend by asking her to move out, particularly given that she is likely to struggle to find alternate accommodation.
13:03 PM, 16th September 2016, About 7 years ago
Reply to the comment left by "Mandy Thomson" at "16/09/2016 - 12:37":
Correction to my post above: "However, as has been mentioned, there is still a risk for your niece here, if only that her friend could take legal action against her if she wanted to prove she was a tenant, whether or not this would be successful." should read "an assured tenant".