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.
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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
11:52 AM, 8th March 2023, About 3 months ago
Good point. DSR - There is a criteria for this (e.g rent arrears of two months or a vulnerability, such as addiction, mental health issues). Please see following link for more info. https://www.gov.uk/government/publications/universal-credit-alternative-payment-arrangements/alternative-payment-arrangements
12:13 PM, 8th March 2023, About 3 months ago
Reply to the comment left by angela demetriou at 08/03/2023 - 11:41
Not if the LL serves a s.21 as requested...hence my suggestion to call their bluff and if they don't pay, hit them with a s.8 notice.
12:26 PM, 8th March 2023, About 3 months ago
Reply to the comment left by Luke P at 08/03/2023 - 12:13
Hi Luke. I agree, I personally wouldn't serve the s21 either. Landlords shouldn't serve a s21 unless they mean it. Especially as this means the tenant can technically leave when it expires. Therefore, landlord could be out of pocket whilst having to find a new tenant. Having worked with homeless people I don't agree with fraud/queue jumping either. However, I have spoken to a worker at Shelter who recommended someone ask their family for letter asking them to leave (I can confirm this because they actually said it to me). Very unethical behaviour IMO.
12:37 PM, 8th March 2023, About 3 months ago
Easy one make sure everything is in place. serve s21, make it clear you will pursue the guarantor. Expect to require a court order and bailifs
13:29 PM, 8th March 2023, About 3 months ago
Reply to the comment left by Luke P at 08/03/2023 - 11:29
Thank you for your reply.
If I refuse Section 21 notice, then, they will stop paying the rent as they have nothing to lose. I can advise rent arrears to Local Authority and claim direct payment for housing benefit. Having done so, I make it difficult for them to apply for Social Housing. However, this will not help me to recover any loss rent.
I have to wait 2 months to serve Section 8 notice and another 6 months minimum for CCJ+ Bailiff+eviction. I will be out of pocket for at least for 8 months’ rent plus eviction costs.
Isn’t better that I serve Section 21 notice and see what happens? If they stop paying the rent, the above option (S8 and then legal eviction process) will still be available to me.
Basically, what do I have to lose by serving the Section 21 notice?
14:00 PM, 8th March 2023, About 3 months ago
If the tenants want to apply for social housing they can do at any time. They are hoping that by being homeless they will somehow jump the queue to get a nice house (waiting list around here is 3-4 years). All they will get is temporary accommodation in a seedy B&B or hotel or they could be split up and put in hostels. If they are given a home anywhere it will be in an area where nobody on the housing list is willing to live and they will have for want of a better term “social misfits” for neighbours.
In any event the Council won’t even look at them until the whole eviction process comes to an end with court appearances and bailiffs (all paid for by the landlord who should also pay for legal advice to ensure any eviction notice are valid) and the tenants are literally on the street. I would think that due to the length of the whole process if a section 21 notice is given they will stop paying the rent as well. If they do, the landlord can serve a section 8 notice to run with the section 21 notice. Once again it will cost. A section 8 might even be a bit quicker and be realised before the section 21 is realised. The landlord here mentions a guarantor, is their agreement still valid? Even if it is I don’t suppose in reality they will be willing to stump up without a fight that will involve yet more cost.
So whatever happens the landlord here will be in line for costs and probably months of stress with no rent coming in and worrying about what damage could be being done to the property. I suppose the best action might be to pay for advice, bite the bullet serve a section 21 notice and see it through to the bitter end ignoring the inevitable tenant pleas that will come to halt the process when they wake up to the reality of the situation. After all it’s what they wanted and who wants blackmailers as tenants?
As these tenants have been in for seven years I expect they are paying well below market rent anyway. So the landlord will get more if they evict and rent out again. This is what landlords do all the time apparently according to Shelter and their mates so they would only be acting true to type. Maybe they could just wait for the arrears and evict on that basis. At least then they will have evicted for a valid reason with a clear conscience and can’t be accused of cynically evicting good tenants on a whim just to get more rent.
14:35 PM, 8th March 2023, About 3 months ago
Reply to the comment left by MFL at 08/03/2023 - 13:29
I highly doubt they will pay for the entire time they're under s.21 anyway. You only need to wait for 2 months *arrears* to become due (effectively one full month and a day) to serve the s.8 that expires two WEEKS later, when you can apply to the Court, whereas a s.21 takes two MONTHS before making application to the Courts. A s.21 is only valid for 4 months following the notice expiry date (getting a social house could and will, likely, take considerably longer meaning you'd have to go through the process of serving them notice again if you've not utilised it). That's also assuming you have all the Prescribed Information in place...if not, it will *automatically* be thrown out, whereas a s.8 (dependent on area and the Court's hatred of LLs) MAY be less scrutinised because primarily the Judge is mainly determining whether or not the tenants are at fault (for arrears...which should be black & white).
The Forever Tenant
15:07 PM, 8th March 2023, About 3 months ago
Trying to get social housing in my area is basically impossible.
For my family situation and looking online it basically states that there is no point in applying as I will never get to the top of the list.
If every asked to leave we would probably end up in a B&B for whoever knows how long. It's not a situation I would want to put my family in so would never consider that an option.
15:08 PM, 8th March 2023, About 3 months ago
Reply to the comment left by Luke P at 08/03/2023 - 14:35
Thank you again. This is very informative.
Can do the following?
- I serve Section 21.
- Wait until they are in arrears.
- Serve Section 8 after they are in arrears.
- Apply to the Court with Section 8.
I am not sure if I have to mention Section 21 to the Court. Will the Court know or take into account that I served Section 21 prior to Section 8?
Are there any disadvantages of serving both Section 21 and Section 8?
By serving Section 21 before Section 8, do I damage my claim in any way at court?
16:00 PM, 8th March 2023, About 3 months ago
I have similar issues with a lot of properties. Rents have been rising making it unaffordable for a lot of tenants on housing benefit/UC.
I am working closely with affected tenants and provide them with the section 21. Unfortunately, they will be unlikely to get a property just because they have been served with notice. They will also need to rely on a good reference. A lot of social housing providers will not take tenants with rent arrears so the tenants will want to maintain their payments so that they can have a clean reference.
As others have said, if they miss a payment apply directly to UC for direct payments, once they miss two payments you can apply and apply for an arrears management fee from their benefits.