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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||First / Third Party
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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
Mark Alexander - Founder of Property118
12:21 PM, 3rd May 2014, About 9 years ago
25 years of experience in this business has taught me that in this scenario the DIY route is not the best one to take.
Yes it may cost you a few hundred pounds to get professional help but that's far cheaper than several extra months of grief, rent arrears and damages to your property which is sadly often the case in these situations.
I strongly recommend that you make contact with Landlord Action - please see the blog I wrote here >>> http://www.property118.com/tenant-eviction/39099/
At this stage you are probably hoping that he will just honour his word, pay his rent and go as promised at the end of the month. I know that feeling, it's called hope. However, bear in mind that your tenant clearly doesn't want to go and that the local Council will refuse to help him until he is evicted. He will need money to move and set up a new home and given that you're the one disrupting his equalibrium then paying you rent will now feature much lower on his list of priorities. He probably has no assets and given that he also has no job and may well relish the idea of getting re-housed by the Council, possibly into a nice new Housing Association property, then he's unlikely to be too concerned about his credit rating either. I'm sorry this is not what you will have wanted to read but it is the reality according to my perception of the position you are in.
NOTE TO OTHER READERS
Please re-tweet the following if you are finding this thread to be interesting and informative
12:54 PM, 3rd May 2014, About 9 years ago
You said that your tenant is claiming Housing Benefit to pay the rent, but you then say he is working away from home. Although someone can be working and claiming Housing Benefit at the same time, e.g. if they are on a very low income, warning bells are ringing because if he is claiming Housing Benefit when he is not entitled to do so, then this could be fraud. If you know that he is working and claiming Housing Benefit at the same time, (as you do), then this could also potentially land you in trouble. If the Housing Benefit is paid direct to you then any overpayment could also be recovered from you.
Although applying for a court order is not difficult, there are a lot of potential pitfalls, especially if you are unfamiliar with the process, so I suggest you follow Mark's recommendation, contact Landlord Action and pay them to do everything to get this tenant out as quickly as possible. It won't be cheap, but better than the possible consequences of not doing it right first time.
19:54 PM, 3rd May 2014, About 9 years ago
Hope this is allowed if not please remove, here is a link to possession order
Even if you get someone else to do it, it's nice just to read through so you know what your tenant will receive. Once you take it to court you get a letter back (you need 3 copies of everything, we didn't know that and had to nip to library), you'll get a letter saying the date they got served, we got ours today. The tenant now has 2 weeks to mount a defence. From what I can work out it's then down to the judge to give them a moving out date. This is our first time too, we're braving it going it alone. By the time it matters if they make us go through it again for doing something wrong we'll be able to slap her with a section 8 for rent arrears, or that's the plan. But hopefully it will all go through no problem.
If your giving him the extra month he's requested be sure to put it in writing to him, when it goes to court it will show you've been reasonable.
Mark Alexander - Founder of Property118
20:12 PM, 3rd May 2014, About 9 years ago
Reply to the comment left by "Sally T" at "03/05/2014 - 19:54":
Links to non commercial websites are perfectly acceptable. In fact, pretty much any link is providing it is not promoting ones own business 🙂
I stand by my initial advice though.
22:24 PM, 3rd May 2014, About 9 years ago
I also agree with your advice, but sometimes it's nice to look things over first so you understand it better. We turned up at court with only one copy as it never said you needed a copy for each party, lucky for us there was a library near by.
We made the mistake of trying to be nice. Our tenant gave us the crib that my 2 babies used, now we're having to go to court to get her out, not what we wanted 🙁
0:30 AM, 4th May 2014, About 9 years ago
I filed the court papers to the court, after filling in why he had to leave ( it wasn't rent arrears).
They sent papers to the defendant, for them to give their defence.
I got copies back through court.
We all turned up at court on the said date,
I got a date he needed to be out by.
He got told by the council to stay put.
Date passed and we filed for a baliff date.
On due date, we went round to the property, and he was gone !
-Simples !! But I'm sure it isn't always that simple, and someone who knows the pitfalls can make sure you don't fall into them, I'm sure !!
9:54 AM, 4th May 2014, About 9 years ago
I thought that there was a recent court case in the north west where a landlord had taken his local council to court because they had advised his tenant to ignore a section 21 notice and wait to be evicted - the court ruled that the council's advice was wrong and he won damages. I will never let to a housing benefit tenant again because councils seem always to be on the side of the tenant and then they wonder why no landlords will let to their "customers"
Mark Alexander - Founder of Property118
10:04 AM, 4th May 2014, About 9 years ago
Reply to the comment left by "Martin Rdg" at "04/05/2014 - 09:54":
If that really is true then the Court case deserves a much higher profile. Please try to dig out the details and we will make a big thing about it here on Property118 with a view to landlords sharing this information and having the mainstream media pick up on it too.
The advice given by Council teams has ruined many a landlords finances. If there is an opportunity for landlords to fight back and claim compensation for this injustice then it might help Councils to realise that the PRS is not there to be abused as a bottomless pit of money they can rob whenever it is convenient for them to do so.
10:44 AM, 10th May 2014, About 9 years ago
I would fully agree that as soon as the courts are involved get a solicitor involved. I have just had my solicitor go for a possession order and the judge found a problem with the timings. The contract was downloaded from the “Residential Landlords Association” who have amended the wording for later issues. The RLA confirmed that several possessions have been obtained with this wording without problems. The exact wording was:
“From 1st July 2010 to 11am on 1st January 2011”.
District Judge White who heard your application for possession yesterday commented that he had never seen such a description. The problem is that the term of your Tenancy described to end at 11am on 1st January 2011.
The Tenancy Agreement describes the term of the Lease as being for six months and 11 hours. Therefore causing problems when a Section 21 Notice is served. District Judge White therefore was minded to find that our Section 21 Notice was not valid. We had a discussion about the recent case law of Spencer –v- Taylor in which the Court found that as long as a Landlord gave two clear months notice this should be sufficient and the Judge was willing to hear this argument. However the Tenant was asked by the Judge if she wanted to contest the validity of your notice. She confirmed that she did and therefore District Judge White considered adjourning the hearing for it to be re-listed for a contested hearing.
This case was resolved with the tenants agreement but they have three months to vacate. As the tenant is on housing benefit ( though not the full amount) paid directly to me the losses are manageable.
No more Benefit tenants, too many problems with both the tenant and with the council with frequent suspended payments! Life would probably be easier if the tenant did not have any income other than benefits.