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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||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:
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||Helps to understand how their visitors engage with our website
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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
13:02 PM, 5th April 2018, About 5 years ago
I can imagine which charity was involved in the lobbying against this legislation!
If a tenant appears to have abandoned the property, it's probably because he/she appears to have left and is most likely already significantly in arrears. So, you have to wait another 8 weeks?
Why should you serve notice on any person given previously by the tenant as a means of contact? Where do you send the notices? Are notices via email valid?
The Agreement is with the tenant, not someone who might be associated with him/her. If my landlord serves notice for e.g. ground rent, it is on me, and if I ignore it, it's my lookout.
Does this apply to social housing?
The government is clearly not serious about solving the housing crisis. It prefers to 'virtue signal' with those who's only aim is to hit private sector landlords.
9:57 AM, 7th April 2018, About 5 years ago
This is indeed a complex bit of legislation, and if you follow the process it takes virtually as long as the court process, BUT it does save you the court fees and the hassle of attending court. I will be using it as it is good evidence of abandonment, and thus a potentially useful defence if ever accused of unlawful eviction. I have translated the legislation into an easy to use step by step flow-chart, so if any landlords would like a copy of this please email me, email@example.com (I’m not a solicitor so there is no guarantee of perfection, but I think it is right).
10:11 AM, 7th April 2018, About 5 years ago
It would appear that if the 'tenant' sent just 1 penny rent in this period, this would null and void the process. Or if they sent a single response saying 'I have not left', this would also render the process useless.
Tenants who abandon properties without giving notice may well be be the sort of people who would do this out of devilment.
The Section 21 'no fault' eviction process would probably not take any longer, and is less likely to be thwarted by malicious individuals. It would be interesting to see some real life examples of this new process in action to see how it compares.
12:07 PM, 7th April 2018, About 5 years ago
Reply to the comment left by Jessie Jones at 07/04/2018 - 10:11
I think the process is for cases where you truly believe the property is abandoned, not where tenant is just staying away for a while. As a precaution, also send the s21 Notice and/or s8 Notice and then if tenant replies or pays 1p you still have the option to take court action to evict them. If they don’t reply or pay then you can save yourself the court fee.
12:43 PM, 7th April 2018, About 5 years ago
The abandonment provisions of the Housing and Planning Act 2016 were not brought into force on 6 April 2018. They are not currently in force and so far there is no commencement date for them.
14:54 PM, 7th April 2018, About 5 years ago
Reply to the comment left by Giles Peaker at 07/04/2018 - 12:43Hi Giles
That is interesting, I did not realise that it was not yet in force, so at the moment landlords can only issue court possession proceedings, or presumably only rely on the defence (to any accusation of unlawful eviction) of having reasonable grounds to believe that the property had been vacated? However, as the defence to unlawful eviction is vague, to say the least, I presume that if the landlord followed the proposed abandonment procedure then this would give persuasive weight to them having a genuine belief that the tenant had abandoned, and would thus give them a defence to any claim of unlawful eviction?
15:25 PM, 7th April 2018, About 5 years ago
Reply to the comment left by Robert Mellors at 07/04/2018 - 14:54
It would be evidence in support of having a reasonable belief the tenant had ceased to reside, certainly. I don’t think having followed the procedure would add anything to the defence by itself, but it would show repeated attempts to contact tenant without response.
Chris @ Possession Friend
15:32 PM, 9th April 2018, About 5 years ago
Commencement date - delay.
I have contacted MHCLG to enquire further.
11:05 AM, 15th April 2018, About 5 years ago
Reply to the comment left by Giles Peaker at 07/04/2018 - 15:25
Am I right in thinking that a landlord has a defence to claims of unlawful eviction if they have good reason to believe that the tenant has moved out, e.g. has abandoned the property?
At present (without this new law in force) there appears to be no "process" for a landlord to follow so as to establish that "good reason to believe", so if following the process in the new legislation would help to evidence the repeated attempts to contact the tenant, then surely it would help to evidence WHY the landlord had that good reason to believe that the property had been vacated?
As good landlords want to be fair to their tenants, and they do not want to end tenancies unlawfully, but they also don't want abandoned properties stood empty, there needs to be a quick and cost effective way for them to end abandoned tenancies.
I know that following the application to court route is the safest option, but this does add costs to the landlord, and those costs are then passed on to the tenants, (as well as delaying the availability of the vacant property so another household can be homed).
Although it is not always easy for landlords to enforce the recovery of the legal costs from tenants, it may nevertheless mean putting the tenant into unnecessary debt which could have an adverse effect on them for many years to come. Landlords have to cover their costs of providing the accommodation, (or they go bankrupt), so ultimately, any unrecoverable legal costs, rent arrears, and costs of debt recovery, end up being reflected in the future rents charged.
Thus the failure of the law to provide an effective means for landlords to fairly end abandoned tenancies without recourse to the courts, is actually pushing up rent levels, causing unnecessary hardship to both landlords AND tenants, adding to the burden and delays within the court system, and exacerbating homelessness (as abandoned properties remain empty for longer). - This situation does not help any tenants, the only people benefiting from this situation are the legal professionals who charge landlords/tenants/councils/taxpayers(Legal Aid)/etc for their legal advice and representation.
9:21 AM, 16th April 2018, About 5 years ago
You've got that right Rob.
Along with the legal profession, I would also add that the housing charity industry also benefits.
It certainly doesn't benefit tenants.
Why on earth would homeless charities be protesting against bringing abandoned properties back into use?