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
16:31 PM, 16th April 2012, About 11 years ago
Mark my contribution to this is entirely pragmatic and housing advice based.
There is a rule called succession when a spouse or family member can 'Succeed' to the tenancy upon death but in order to qualify, the person succeeding must be elgible to do so and part of that is that they must have been resident with the tenant for at least 12 months prior to the tenants death.
A tenancy can be passed to another in a will or as part of intestacy conditions (not my area before you ask) but as long as the landlord obtains possession in the normal way within 12 months of the death of the tenant then a PO will be mandatory.
None of this applie to an AST that is still within a fixed term and none of this applies if the succession rules arent triggered.
So my take on this is, if there were no close family members (not extended family) living with your tenant for the past 12 months and he didnt leave his tenancy in a will, then there is nothing more to be done.
Mark Alexander - Founder of Property118
17:23 PM, 16th April 2012, About 11 years ago
Thanks for this Ben, all the family members had grown and flown many years ago. The son who called me is about my age. There is no intention for any other family member to move in. The son wants to know whether he has to serve notice. My brother manages the rents and I know they are up to date and I know that his rent was paid monthly in advance so I just need my brother to confirm when the last rent due date was. There was no damage deposit as the deal was a Sale and Rent Back so that's one less headache. I do wonder who the damage deposit would have been paid to if there was one though.
The other thing I've checked is whether the estate could have any claim on the property having been sold at well below market value just 5 years ago. I suspect this could be a problem if my tenant had died owning money. Fortunately though, even if this does turn out to be the case, I purchased an indemnity policy to cover insolvency related to a BMV sale at the time of purchase.
So far so good, although I could do without having to pay for a major refurbishment right now. That said, I knew it would need to be done at some point and fortunately I had made provisions. Threadbare carpets, purple bathroom suites and crappy old MFI kitchens are never an issue to replace but 70's artex and DIY brick built fire places always a complete pain in the ....!!!
I suspect I'll have to get the place re-wired too as he was a bit of a DIY enthusiast in his time.
Mark Alexander - Founder of Property118
21:07 PM, 16th April 2012, About 11 years ago
I have checked my My Deposits account and it turns out I did in fact take a deposit. Now who do I return it to?
Also, my tenant has paid rent up to 29th April. Did his tenancy end on the date of death, is his death to be taken as a months notice or is there a different procedure.
Any answers anybody?
21:44 PM, 16th April 2012, About 11 years ago
Mark the tenancy, if it was an AST, ended on the death of the tenant named since there are no other occupiers.
When this happens in the public sector the local authority give the family 14 days to clear out the property and I imagine that this would be a good model to follow and is since the rent is paid until 29th the 30th would be a good date to go for.
The deposit should be returned to the estate of the tenant to be dealt with along with his other monies
One thing to think about on the refurb side is that Artex can contain asbestos and you need to get a company in to take a sample for testing BEFORE you allow anyone to touch the asbestos and this includes Electricians touching holes around light fittings. If there is asbestos in the Artex it will need to be removed by a company licensed to so do, they will remove and dispose of it safely and give you a certificate to say that the property is clear.
Depending on the age of the property there are two other areas where asbestos may be found. 1. In the 1960's style vinyl floor tiles 2. Any cupboards/ducted areas that held a hot air heating system.
Someone needs to carry out a visual inspection and record that you have done so and depending on what is found you need to record the action you have taken and any susequent works/certificates. Do not start any work until this has been done.
When I removed one of those fire places I used the bricks to have a BBQ built in the garden this saved on the pain of disposal and added a nice "selling point" for letting. Before you throw the cooker out take out the racks and have them used on the BBQ with the oven tray or grill pan. as to hold the coals.
23:18 PM, 16th April 2012, About 11 years ago
Having attended a Landlord Accreditation course here in Wales, I was advised that legally, you have to actually serve notice in order to 'end' the tenancy. As fate would have it, one of our tenants also died shortly after this course. She had a partner living with her who stayed on a couple of weeks. He was not a joint tenant and I had not served notice and felt in that short a time, I couldn't. However, he moved out 3 weeks later but I think I should have served notice to the surviving family??
3:07 AM, 17th April 2012, About 11 years ago
I had a similar situation with a council oap. I knew the tenant was on housing benefit, so I called housing and alerted them of the date of death. I gave the family a generous amount of time to clear out the posssessions with a date of when I would change the locks and start refurbishment. They ignored the 4 weeks given, I changed the locks without breaking in, on the advise of my solicitors. The family called and set up a time to collect my tenants possessions within 24 hours. They left me with everything they did not want(12 mattresses and boxsprings and broken appliances). I was just thankful to get the property back without anyone wishing to continue the tenancy.
My solicitors said I had the right to regain possession of the property, for the sake of minimizing damage since no one had been living in the house since the date of death. The house had all the heat turned off and it was in the winter months.
3:10 AM, 17th April 2012, About 11 years ago
What is a BMV sale? Thanks, Armella
Mark Alexander - Founder of Property118
6:38 AM, 17th April 2012, About 11 years ago
BMV = Below Market Value
7:52 AM, 17th April 2012, About 11 years ago
Regarding asbestos, often it is better to encapsulate it in position than attempt to remove it, as disturbing it can create more of a hazard. Artex has a low asbestos content and usually the best and easiest course of action is to get a decent plasterer to put a skim coat over it. I once saw a tv programme where they were using an electric sander to remove some Artex from a wall, creating a nice asbestos contaminated dust cloud!
8:00 AM, 17th April 2012, About 11 years ago
If there is no one living in the property at the time of the tenants death no one has the right of succession - which incidentially can only happen once and gives the person suceeding the same terms and conditions as the late tenant which of course means that the landlord retains the right to take legal action to gain possession should he choose to do so.
Notice cannot be served on a person who is dead so I am assuming that the accreditation course spoke about "other" people living at the property.
It is never easy for a family to dispose of the belongings of a loved one and that is why 14 days are given by local authorities. Make sure that you get a signiture from them to say that they have removed everything that they want, returned the keys and accepted the deposit. In my experience they will take only what they want and leave you to remove everything else and its important that they don't come back at a later date asking for something that you have disposed of.