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.
- 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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- 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
14:18 PM, 11th January 2015, About 8 years ago
What kind of contract does your daughter have and what terms are they with the landlady?
11:59 AM, 12th January 2015, About 8 years ago
I am not an expert.
The type of contract / agreement in existence will affect how the situation can be handled, including the question of witholding rent.
If the contract (be it verbal or written) does not mention what is to be done in respect of a noisey landlord, then it seems there is little your daughter can do.
Bear in mind this is a resident landlord living in their own home and so there is much less legal protection for the lodger (if indeed no tenancy has been created).
Based on the incomplete information we have, it would seem your daughter has no legal right to withold rent.
Interestingly and by chance, I happen to be sitting with an old friend in a library as I read this thread. He could reasonably be described as an intelligent, knowledgable and experienced tenant, as well as a vociferous exponent of tenant's rights. However, both immediately he read the header post and after some consideration, he said 'there's little they can do, just move on and put it down to experience, we all make choices that seem okay at first but then turn out otherwise'.
12:04 PM, 12th January 2015, About 8 years ago
Reply to the comment left by "Neil Patterson" at "11/01/2015 - 14:18":
AST with no specifics about night time noise!
12:07 PM, 12th January 2015, About 8 years ago
Noisey = noisy
12:08 PM, 12th January 2015, About 8 years ago
That is what I thought but wanted a wider opinion, thank you
12:24 PM, 12th January 2015, About 8 years ago
@Jay James "If the contract (be it verbal or written) does not mention what is to be done in respect of a noisey landlord, then it seems there is little your daughter can do."
Sorry, this is nonsense. Tenancies rarely if ever will mention the landlord not creating a noise. If there is a lease then it will contain or there will be implied a covenant for quiet enjoyment. "Quiet enjoyment" does not simply mean not making a noise - it means not doing anything that is inconsistent with the relationship of landlord and tenant, If you rent someone a room to sleep in you cannot act in such a way as to deprive them of reasonable sleep. Even if there is a licence or lodging arrangement, a similar covenant can readily be implied. The owner cannot take payment for something and then act in a manner wholly at odds with the fundamental terms of the agreement.
Your daughter should put her complaints in writing and she should record times and dates and types of noise and send a copy to the landlady. She should demand compensation for each instance of disturbed sleep of say £40 -£50 and say that she proposes to set that off against the rent. The landlady may not want a chronicle of her amorous exploits and associated noises put before a judge or arbitrator. I would be tempted to withhold rent on the basis that it will be put aside and that your daughter will pay what the court/deposit scheme arbitrator decides is fair and I would make it clear that if the damages exceed the withheld rent, your daughter reserves the right to claim for it. She should offer, without prejudice, to move out early on the basis of not paying for the last month and getting back her full deposit.
She should also check (she can do this without involving the landlord) that any deposit has been correctly protected and Prescribed Information given.
12:38 PM, 12th January 2015, About 8 years ago
Reply to the comment left by "Ian Narbeth" at "12/01/2015 - 12:24":
Thank you - very helpful
12:54 PM, 12th January 2015, About 8 years ago
Reply to the comment left by "Ian Narbeth" at "12/01/2015 - 12:24":
@Ian absolutely spot on!
However, what tends to be the case with lodger agreements is they are often very informal, and often verbal, so when there is a dispute (which is almost inevitable with two independent adults sharing living space) it is very hard for either party to prove what was agreed, or even if a contract exists in the first place - especially if rent is paid cash in hand. Lodger landlords often just see themselves as doing a friend or acquintance a favour by letting them stay with them for a while - which is fine, except they're usually charging a lot more than just expenses for the privilege..
In this instance, I would follow Ian's advice and ensure everything is documented and then serve written notice on the "landlady" - either terminating the agreement after a week - or the absolute maximum amount of time the lodger can tolerate, then move out OR claim a reimbursment from the rent. However, if the lodger landlord is aware of tenant history databases, she might decide to download the lodger's name as being in rent arrears, which could make it difficult for her to find other places to rent in future.
The lodger's other option is to take the landlord to court (small claims court MCOL) for a partial refund of the rent she's paid, and as Ian says, if it the case is heard it might be a bit embarrassing for the landlord to have her love life aired before several people...
I also wonder if this lady (the landlord or "landlady") has informed her local council tax department, and other parties (i.e. her mortgage provider or landlord, insurance, benefits etc) that she has a working professional as a lodger who is paying her rent?
12:55 PM, 12th January 2015, About 8 years ago
As the landlord lives with your daughter in the same flat, she won't have the same rights as tenants who rent a property as a whole. Therefore I would think carefully before kicking up too much of a fuss if she hasn't got anywhere to go yet.
If the landlord wants your daughter out she would only have to give her 'reasonable' notice, normally understood to be one rent period - e.g. 1 week if she pays rent weekly - it doesn't even have to be in a particular form. After that date, your daughter must go, there's no requirement for the landlord to get a court order for example.
Therefore, I'd make the priority finding somewhere else to go before kicking up a fuss about noise or witholding rent.
There isn't a legal basis for witholding rent here, but if you did, is the landlord going to persue the rent arrears if there'yre only small? Maybe not? Would you have a counter claim for breach of quiet enjoyment? Maybe.
The deposit could be another issue as Ian points out which could change the options available for your daughter - was one paid and was registered with a deposit protection scheme?
13:01 PM, 12th January 2015, About 8 years ago
Reply to the comment left by "Mandy Thomson" at "12/01/2015 - 12:54":
Good points - my daughter does have an AST and rent is paid by transfer - thank you