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.
- 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
13:09 PM, 28th April 2014, About 9 years ago
Errr new carpets and decoration every two years!
How can anyone think that sounds reasonable?
I think you may have over promised in this situation and they are trying to take advantage.
You will get some good advice here about what you could/should do next but I would definitely stop texting as this form of communication is not going well.
13:29 PM, 28th April 2014, About 9 years ago
Carpets and decorate every two years ! ? I don't think so. If our tenants want to redecorate and change the carpets they are welcome to do so at their expense. It would seem to me to be time to send them a section 21 notice - otherwise they will carry on giving you the run around. Better to bite the bullet now, and suffer a little loss, than get into a protracted tit-for-tat situation.
13:30 PM, 28th April 2014, About 9 years ago
Unfortunatley this sounds like the start of the tenant using delaying tactics and fault finding that eventually leads to a messy eviction six months down the line. I hope I am very wrong on this, but it sounds like how my one bad tenancy started to fall apart.
They will not be squatters as they have a tenancy agreement, the fact they are not paying their rent does not alter their legal rights.
As Neil has suggested, its time to get formal. Letters only from now on, keep copies incase things end up in court. Start the eviction process today, and stick to it. If it was me, having endured an eviction through an insurance company appointed solicitor, I'd pay to get a professional outlet to evict them for you.
14:03 PM, 28th April 2014, About 9 years ago
Yes, start eviction immediately as it looks like they've not got the money to pay, however this is what I do with a non-paying tenant - see what you think;
Go and see them for a chat - tell them you don't want to evict them because they are 'good' people and you don't want to see them on the street. (But give them the papers anyway and explain that costs are added to their bill!).
You are trying to help them - they have been your tenants for 5 years and been ok I presume. They've probably got themselves in a mess financially and yes using every trick in the book for excuses not to pay as I'm sure most people would do in that situation when they can't pay and don't know what to say!
Find out what's going on - if they're not earning enough money they could well be entitled to Housing Benefit / Working Tax credits which a lot of people don't claim when they are self employed because they think they're not entitled.
Point out the clause on the back of your tenancy agreement which says THEY are responsible for decoration while in the property.
Arrange with them to refurbish the bathroom straight away - when your tenants are evicted and you want to re-let fast - the bathroom will already be done so this will save YOU money on void time if and when it does come empty.
Doing this - you may keep your 'paying' tenants as they have all their needs satisfied and it will save you a costly eviction & void period. OR - at the very least, they will leave the property in good order as you have tried to sort it out amicably with them and they will appreciate it is their fault and not yours.
Always keep on good terms, they are less likely to trash the place and more likely to work with you than against you. Plus it's less stress on you!
14:10 PM, 28th April 2014, About 9 years ago
Good advice already given.
Just a word of caution about this: "I will serve notice to quit and if they are not out by the due date it will be an illegal occupation and squatting is now illegal- Sept. 2102 new law came in."
If the tenancy is an AST, you cannot serve a notice to quit.
A s.21 or a s.8 notice are not notices to quit and they have no impact on the tenancy.
Even in the case of the tenancy ending and the ex-tenants not leaving (e.g. if they had served a notice to quit, as they can in a periodic tenancy), as the previous tenants they would not be squatters and you would still need to possession order to evict them.
17:34 PM, 28th April 2014, About 9 years ago
All good advise here but there is NO such Law, my view is with Andrew I am afraid, as much as Yvonne's approach sometimes works, it depends on a reasonable tenant and one that is not paying and giving you the run around cannot be considered reasonable.
Serve the section 21 now and if the rent gets to 8 weeks arrears in front of the section 21 date issue a section 8 as well as this will give you quicker access to proceedings and a money order.
The problem can be the bailiff lead in time but you can make an application to transfer the case to High Court Enforcement Officers, for enforcement purposes this needs to be made under section 42 of the County Courts Act (1984). I would recommend that this application be made by a solicitor, although you can make the application yourself as the claimant if you prefer.
The Court is not obligated to grant your application and you should support your application with information you have been provided regarding County Court bailiff lead times and the financial loss you are likely to suffer if you are required to wait for a County Court bailiff attendance. Or as Yvonne says see if you can talk to them? Good Luck Don
12:19 PM, 29th April 2014, About 9 years ago
Wow! All this info about court/paperwork/section 21/section 8 !!!
I have been doing this job for 10 years, over 1,000 tenants through the properties over the years and never had to take anyone to court - TALKING DOES WORK - taking people to court immediately gets their back up and they go on the defensive and stop talking.
Please be more human, take them down the pub, become friends, whatever it takes to make them open up to you - it WILL pay off!
You'll feel like an agony aunt - but it's better than being stressed with a non-talking tenant, a court case and costs!
Tell them about your life too - quite often they think landlords are loaded - tell them your stresses and what happens when you don't get the money and what bills you can't pay, etc - they'll soon realise that in fact we're all the same, just trying to get on in life and pay our bills!
I have issued section 21s and section 8s before now (only a handful) - when they've not been listening - and only as a last resort. Those few that have received them have then either sorted the problem out or left the property by the due date knowing that I'd tried to help them all I could.
9:35 AM, 30th April 2014, About 9 years ago
You and others are probably right but sadly agents do not have time to be social workers/mentors/ shoulders to cry on for tenants - not if they are manging hundreds of properties!! Private Landlords fine.
Point I wanted to make is of course there is no legal obligation on decor etc, though no-one has mentioned HHSRS yet so if you have lead painted walls or threadbare accident inducing carpets then there could be a legal position!!
But contractually there could be,. Anyone letting their property to LA/Hsng Assn beware often they slip in such a clause for every 3 years if you use their agreements (always try not to they are very heavily weighted in favour of the tenant surprise surprise)
Steve From Leicester
9:44 AM, 30th April 2014, About 9 years ago
I'm truly gobsmacked by Yvonne's comment that she's had over 1000 tenants and never had to take anyone to court. As an agent we manage many hundreds of properties. We do try (usually successfully) to manage problem tenants out of a property but occasionally we need the help of the courts and once or twice a year we have to go as far as having the court bailiff along to enforce a possession order. The time will come when Yvonne finds herself in a similar situation..
Note also that I said "manage them out of the property" - not "manage a problem tenant with a view to letting them stay". There is a big difference between the two.
IO is right - there's nothing wrong with the human touch but landlords are not social workers, and Andrew Taylor's first comment on this thread summed up exactly what my thoughts were as I read the original question.
10:21 AM, 30th April 2014, About 9 years ago
Sometimes we agree, sometimes we don't, but here I must agree with you.
I do Landlord accreditation courses and actually have had Landlords tell me they have never had to serve a s21 notice in 10 years - makes me wonder what they do sometimes to get rid of tenants!!
I have for the past 20 years said that any private landlord who has never had a bad experience with a tenant even if only one property and perhaps handled only 10 sets of tenants is an extremely lucky landlord!!