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.
- 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:
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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
12:07 PM, 27th January 2023, About 2 months ago
On your description I would say that your lodger is not a lodger but a tenant as it's all self contained.
So rent would be income not rent a room scheme.
So all right to rent/paperwork etc should have been done and S21 needed to end tenancy
But this is based on your description and is my opinion
12:10 PM, 27th January 2023, About 2 months ago
Lodger have very little rights
You can give notice based on how they pay Thier rent ie weekly/monthly
No court order reqd
12:11 PM, 27th January 2023, About 2 months ago
Reply to the comment left by Chris Bradley at 27/01/2023 - 12:07
I would say he's a lodger
12:20 PM, 27th January 2023, About 2 months ago
Reply to the comment left by SteveFowkes at 27/01/2023 - 12:11
If the room or rooms are self contained with their own access and no facilities are shared with the owner of the house, then I would say tenant. Having a shared door and corridor is like in any block of flats. The description says there is no need for the person to enter the rest of the home occupied , so there is no sharing of facilities
12:35 PM, 27th January 2023, About 2 months ago
I agree with Chris Bradley, this sounds like a property that can be used entirely self contained (utilities supply aside), and as such I think there is a real risk that this could be considered (in law) to be a tenancy.
If it is considered to be a tenancy, then you are in serious trouble because you have not issued a tenancy agreement or any of the prescribed documentation, which would then make it virtually impossible for you to lawfully evict the person, as well as potentially opening yourself up to multiple fines or civil penalties.
I would strongly suggest that you seek proper legal advice from a qualified solicitor that specialises in landlord and tenant law, as they may be able to help you remedy your paperwork, prior to attempting any sort of eviction process.
13:07 PM, 27th January 2023, About 2 months ago
I thnik you need to be very clear here
"the room is more or less self-contained."
Is it self-contained.or not? Can he access other parts of the house or not?
Also you mention a contract, but you do not make specific the type of contract, please confirm the type of contract, Iwould guess it is a form of lodgers contract but in Legal matters guessing only leads to problems.
Can you also confirm if you took a deposit? If you did where that deposit is?
14:03 PM, 27th January 2023, About 2 months ago
Do you keep the shared door locked from your side?
Does your "lodger" have access to other areas, not including the garden, as and when they want?
If yes to the 1st and no to the 2nd then not a lodger and you should have issued an AST with rent inclusive of bills I think.
Do you claim under the Rent a Room Scheme? If so may qualify.
Without seeing your agreement what did you term it? It should be I would have thought either an "Excluded Occupier Licence" or if you did a "Lodger Agreement" it should be noted in it that "The Landlord hereby grants the Lodger a licence and personal right to live in the Accommodation [ie the areas of the property which are for the lodger eg Bedroom 2] and to use the Shared Rooms [listed] concurrently with the Landlord."
Just my thoughts
15:08 PM, 27th January 2023, About 2 months ago
Thank you for everyone’s kind advice. Here is more information about our situation:
The room is a spare room downstairs opposite to our living room. It has two accesses: one is an interior door goes directly into our main house and living room. Another one is a backdoor goes into our side garden. The room wasn’t built for self contained flat/unit hence doesn’t have its own meter/post address and proper kitchen, only a few electrical appliances like a toaster and a microwave etc. There is no oven in the room hence we provide oven shared in the main house anytime if arranged. We also provide floor cleaning services once a month. The lodger insists to clean by herself and hasn’t asked for the oven so far.
Our contract is a standard lodger agreement and states that we can both end our contract anytime as long as a month notice is given. The rent is double room price in a shared accommodation. Our income is in line with the Rent a Room policy. We didn’t charge anything like a studio/self contained apartment.
According to the government website: in law, a resident landlord letting is one where the landlord and the person he or she lets to live in the same building. This includes conversions where they live in different parts of the same property (however long ago it was converted) we are the resident landlords .
The dispute was we went into the room twice without giving our lodger 24 hours notice.
On the first occasion, she left the window open and went away for a 7 days holiday. We had to close the window in a stormy night. Besides, anyone breaks into the room can potentially break into our main house by breaking the interior door. The room is on the ground floor and has sky windows, any small person can easily sneak down and break in.
On the second occasion, she again, went out for work but left the window open, heating on, and the backdoor unlocked. We are told by our insurance company if doors are unlocked we won’t be able to get any compensation for any damage. So we locked the door.
The lodger claims we don’t have right to enter her room without her permission.
The trust is broken. The lodger claims she found our foot prints or whatever in her room. Which is all her imagination.
We will have to give her 4 weeks notice to leave. Do we need court order to move her in the worst case?
15:35 PM, 27th January 2023, About 2 months ago
Reply to the comment left by B R at 27/01/2023 - 15:08
It does sound like the room could be used as self-contained accommodation if she chooses to do so, e.g. she could in theory permanently lock the connecting door (into your part of the house) and always access the room from the garden entrance. She has cooking facilities and bathroom facilities. If you bricked up the doorway between your part of the house and her room it would in effect be a studio flat.
Ultimately, only a court can decide whether it is a self-contained property (so a tenancy) or a room in a property with a resident landlord (occupancy licence). If a tenancy, then you will need a court order to evict her, and there are lots of criteria you have to have fulfilled before you can do this.
You should pay for some proper legal advice, from a legally qualified and experienced specialist. It's potentially complex, and if you get it wrong then it could cost you a small fortune.
15:52 PM, 27th January 2023, About 2 months ago
Reply to the comment left by B R at 27/01/2023 - 15:08
On the information here, it stills seems to me that she is a tenant, not a lodger.
You may be a resident landlord in the building but the fact she needs to use your oven by arrangement means she doesn't share facilities so isn't a lodger.
I would seek legal advice from a specialist