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 email@example.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?
- 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 firstname.lastname@example.org, or using the contact details below in section 14.
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- 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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- 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.
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- 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
10:23 AM, 8th March 2023, About 2 weeks ago
I can't see a downside to you serving a s21 notice. It seems that the tenants have been pretty straight with you; if they can't afford the house there's no point in waiting until the bitter end before taking action. Atleast by serving s21 they can get in the system for social housing - although that may be a long wait depending on their circumstances.
You have little control over the tenants' payment of rent to you - if they can't afford it, they won't pay, simple as that. You may have to be prepared for a slightly rough financial ride whilst it's sorted out.
10:38 AM, 8th March 2023, About 2 weeks ago
Sounds like you actually have no option that to issue a S21 now anyway as they have basically said they wont pay you the rent.
What you could do is do what they ask, BUT after doing so explain that should they stop paying the rent at any point onwards, then even though you are not obligated to tell the housing department the reason for the S21 WHEN the council ask for a refernce you are OBLIGATED to be honest and you will be expected
to highlight rent arrears as this is what the council ask about.
Ergo if they want to avoid this (and being deemed as making themselves voluntarily homeless) then they should either continue to either 1. pay the rent (until such time as evicted or when they think the council is going to rehouse them) or 2. ask that you are paid the HB/UC directly and that any top ups are also continued to be paid.
in other words you play their game but they need to keep you on side too.
10:44 AM, 8th March 2023, About 2 weeks ago
I do feel for you as you are in a difficult situation. Can they simply not afford the rent, or are they looking for a way to cut costs due to the cost of living crisis? Blackmailing you is unfair and could place them in a difficult situation (as council could conclude they have made themselves 'intentionally homeless' if they think they are manipulating the system). In my area the council used to offer 'temporary accommodation" after the eviction had taken place via the court/bailiffs. They now have to offer some advice and assistance with homeless prevention but I don't think it will be like they think it is. There is a massive housing shortage and they may also be unhappy with what is currently on offer via the council's bidding system too. In my area it is very difficult to find accommodation and people have been living in temporary accommodation /hostels for over 1 year. There are very few houses and few people want to live in a high rise. If they are struggling with the cost of living have they looked into other options to help with the affordability? Such as discretionary housing benefit to top up the rent? It sounds like you've had a good relationship up til now. Shelter offer tenants advice. It's also worth them getting proper advice from somewhere such as the CAB to get a benefit check and other advice. I hope it works out OK.
10:58 AM, 8th March 2023, About 2 weeks ago
even with small kids while the council may feel a duty to house them after eviction (or even before) they will only be offered temp of some kind, B&B or hotel.
I doubt there is any council that can put a small family in the same situation as this straight into a council/social rent property - there simply isnt anything available.
If you get on with the tenants maybe a kind approach to show you understand why they might feel that they need to go down this route but perhaps make it clear it might not be what they expect (or have been told by the council or others). if they dont believe you suggest they ask the CA for further advice.
And yes...if council get wind of them 'demanding' a S21 then yes they would be deemed as 'flouting the rules'. Given the current demand and zero supply the council may well take a 'tough luck' approach if they think people are trying to queue jump or scam the system.
Play this carefully. If you want them out but need to protect your income too in the interim, then make it look like you are helping them as best you can - that way while there are still in situ they are likely to play ball...going back to the council is their last resort after all.
11:14 AM, 8th March 2023, About 2 weeks ago
Serve a s21 Notice of Possession AND get them to sign 3 letters addressed to the LA Benefits Dept from them, if they are on Housing Benefit, stating that they wish their housing benefit to be paid direct to you their landlord. Include your bank details. (1 copy for you, 1 for the tenants and 1 for YOU to post/hand in to the LA housing benefit dept). This is just on case they decide to stop paying you their rent.
Not sure how to go about this if the tenants are on UC. But believe that if you state that this would be helpful for them with their financial budgeting them that might work.
They may or may not qualify for LA housing. If they don't and the LA requires the usual procedure ie s21, Possession Order, Bailiffs Order they will likely be housing in bed and breakfast.
11:21 AM, 8th March 2023, About 2 weeks ago
This is close to the perfect storm I mentioned regarding councils advice to stay until evicted. Council will advise not to go until physically removed, accrue costs due to process etc. If the tenant is onside and understands LL, T and Guarantor may be in a position to make some arguments that council have caused losses. If I was the guarantor and got hit because of the council advising to stay I would consider if I had a case especially if I had T backing it up. How far it would get I dont know as it would open quite a lot of litigation but as a tactic to avoid loss?
11:29 AM, 8th March 2023, About 2 weeks ago
If they can/will pay whilst they're on the list (which could be a veeeeeeeery long wait), they can pay you anwyay, notice or not.
Let them run up arrears and serve a s.8 notice at two month's owing. They won't get a social house because of it (and nor should they for effectively blackmailing you), they'll end up having to pay you anyway and/or get a CCJ and you will get your property back.
11:39 AM, 8th March 2023, About 2 weeks ago
Check the terms (ideally get legal advice) regarding your guarantor agreement. If it still holds good, any denial to you of rent should impact their guarantor, who is unlikely to look favourably on their games, especially if it impacts him/her in the pocket. Perhaps involve that person in any discussion to help point out to the tenants the error of their ways.
Likely the tenants have no idea of the true consequences to you (and them) of their suggestions, many of which are noted by others above.
Perhaps you can ask the tenants to pay all your costs in pursuing the S21 action to give them an idea of what is involved - recouping them is another thing entirely - but which could bring a realisation of what is involved and they may change tack.
11:41 AM, 8th March 2023, About 2 weeks ago
P.S. deliberately getting into rent arrears to force an eviction won't help them with their homeless application. The council will look at their income and expenditure in detail. If they can afford the basics (e.g. food, heating and rent) they will be classed as making themselves intentionally homeless. You'd be surprised how many income and expenditure forms I've completed with people paying for non essentials Netflix and expensive phone contracts. They have to prioritise their income. Anyway, I certainly wouldn't want to go into temporary accommodation either. They need to work with you not force you into an unfair situation.
11:42 AM, 8th March 2023, About 2 weeks ago
Reply to the comment left by Judith Wordsworth at 08/03/2023 - 11:14
if on UC - direct request via UC47 form online