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:
|Name of Cookie
||Used only to collect performance data, with any identifiable data obfuscated
||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.
- 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:
|Name of Cookie
||First / Third Party
|__utma, __utmb, __utmc, __utmt, __utmz
||Helps to understand how their visitors engage with our website
||Helps to understand how their visitors engage with our website
- 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
Mark Alexander - Founder of Property118
9:00 AM, 19th August 2014, About 9 years ago
The advice given you your daughters tenant is correct, the section 21 notice is not valid. The only way for her to serve a valid section 21 notice now would be to refund the tenants deposit first and then to re-serve. Hopefully this will not be the case.
Your daughters tenant has what is known in legal terms as a "chose in action" (Google it). This is a legal right to make a claim, in this case for refund of the deposit and up to 3 times the deposit. She has up to six years to make this claim. This is the penalty for breaking a law, even if a person is oblivious to that law. Ignorance of the law is not an acceptable defence.
There is every chance that your daughters tenant is oblivious to her rights too. However, there are a lot of "no-win-no-fee" companies chasing this business so you daughter will have a sword hanging over her head for up to six years. There is also a chance that her tenant is already aware of her rights and just biding her time.
The good news is that you daughter might be able to do something more positive than bury her head in the sand and rely on a strategy of hope. She can try to negotiate with her tenant and offer a payment in full and final settlement. I suggest this is legally documented if this is the preferred and agreed option. There are many ways to do this, one is settlement by agreement, another is an assignment of the chose in action to the landlord. Clearly the landlord would never exercise her rights to sue herself!
The problems could intensify if the property is damaged or if the tenant fails to move out on the agreed date. In both cases there are solutions but they are not cheap. The likelihood, if the tenant is properly advised, is that your daughter will have no choice other than to refund the deposit first, then re-serve section 21. Her tenant will then be advised to exercise her chose in action. If damage has been caused to the property, and can be proven with inventories, time dated pictures and or video, before and after the tenancy, then your daughter may have grounds for a counter claim.
I appreciate this is not the news you will have wanted but I can assure you that I have been as gentle as possible and stuck to the facts.
PS - if your daughter decides to re-let please see >>> http://www.property118.com/find-me-a-tenant/
11:03 AM, 19th August 2014, About 9 years ago
Mark, Thank you very much for your reply its good to know there are people like your good self only to willing to offer help and advice.
Mark, I suspect the tenant is fully aware of all her options having already been evicted from a property her own mother owns, again naivety on my daughters part as she should have done a check on her prior to giving her a tenancy agreement. All this hassle has left a bad taste in the mouth and probably think once the tenant leaves the property my daughter will probably put the house up for sale and take a hit in the price difference.
Once again thank you very much for your help and advice.
Mark Alexander - Founder of Property118
15:11 PM, 19th August 2014, About 9 years ago
Reply to the comment left by "Grayo Athome" at "19/08/2014 - 11:03":
You are most welcome, you may wish to show your appreciation by making a donation to support the running costs of this forum - please see >>> http://www.property118.com/donations/43590/
I fully appreciate that your daughter has endured a tough learning experience, however, it needn't be that way. I own a very large portfolio which provides the vast majority of my personal income these days. The hassle factor is virtually zero as everything is outsourced. Please ask you daughter to read this >> http://www.property118.com/full-property-management-from-just-14-99-a-month/34413/
20:50 PM, 19th August 2014, About 9 years ago
Thank you for the reply Mark and also the link you provided I will forward this on to my daughter. I have also made a donation towards the running cost unfortunately it's not a large amount but every little bit helps as they say.
21:57 PM, 19th August 2014, About 9 years ago
In addition to Mark's comments I would like to add:
you mentioned that your 'daughter has placed the bond into a holding scheme', after placing the bond into a scheme or returning the deposit, your daughter can serve a valid section 21 notice. If the deposit is returned by a cheque, a s. 21 cannot be served until the cheque has been cleared.
I actually dealt with two cases where the tenants argued that the deposit was not secured within the time limit therefore s. 21 was invalid, the judge replied that the tenant cannot expect the landlord to be punished forever etc, in one case the landlord secured the deposit before the service of s. 21 notice, in the 2nd case, the landlord returned the deposit.
The local authorities intervene because they want their tenants to stay where they are, it saves them rehousing. They even advice tenants to file defence just to buy time even though when there is no defence. I do a lot of landlord's work therefore come across all sort of situations with the local authorities and tenants.
Anyway, lets hope that your daughter's tenant will move out in Sep.
All the best
22:30 PM, 19th August 2014, About 9 years ago
Thank you very much for your reply. My daughter had a letter from the local housing advice centre which implied they had some sort of authority regarding this matter even telling my daughter to reply by return post to which she hasn't. The tenant sent my daughter a letter after she received the s.21 notice saying she intends to move out on the 14th September so I think what my daughter is going to do is wait and see if she goes or not.
The day she moves out she will have her bond back in cash if she decides not to leave on the date she said then she will have her bond back anyway then a new s.21 notice will be served but with a bit of luck she will go. My daughter has already had a phone call from a letting agent asking for a reference for this tenant and we have also heard that she was viewing a house a couple of streets away so fingers crossed.
Mark Alexander - Founder of Property118
8:31 AM, 20th August 2014, About 9 years ago
Reply to the comment left by "Grayo Athome" at "19/08/2014 - 22:30":
Don't return the deposit in cash unless you get a receipt. It will be much better to transfer the money directly into the tenants bank account using electronic banking, that way there is an audit trail if it is required.
What are you going to do about the reference?
10:10 AM, 20th August 2014, About 9 years ago
Reply to the comment left by "Mark Alexander" at "20/08/2014 - 08:31":
Thanks for the advice regarding paying the deposit back. I will tell my daughter to use bank transfer to give it back although she would have had a signed receipt from the tenant upon receiving the deposit back in cash.
Regarding the reference all they asked were three simple questions which were easily answered and answered truly.
12:08 PM, 20th August 2014, About 9 years ago
I agree with Mark's comments re return of deposit.
It would be interesting to see what the local authority said in their letter, is it possible to attach a document with comments?
I had a problem tenant (my client actually), I served eviction papers on the tenant, local authority contacted me to stop the eviction, the tenant was in arrears for more than £4,000, I asked them to pay the arrears and my costs, they agreed on a term that I renewed the tenancy. I agreed but this time I gave the tenant only a one month tenancy and included her boyfriend as a tenant too to ensure that we could recover any debt from the boyfriend as he was employed. I also served a s.21 notice on the same day as the tenancy.
Next time when I served eviction papers, local authority contacted me again, saying that I could not evict this tenant because the tenancy had not expired, I gave them a copy of the tenancy and s.21 notice, never heard back.
I just don't like local authorities behaving like a God and pushing people around.
12:41 PM, 20th August 2014, About 9 years ago
How do I attach a document with comments ???