Privacy Policy
BACKGROUND:
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.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site
. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
- Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” |
means an account required to access and/or use certain areas and features of Our Site; |
“Cookie” |
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; |
“Cookie Law” |
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; |
“personal data” |
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 |
“We/Us/Our” |
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 npatterson@property118.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?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
- 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?
Depending upon your use of Our Site, We may collect some or all of the following personal data (please also see section 13 on Our use of Cookies and similar technologies):
- Name;
- 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?
- We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
- 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.
- You may restrict Our use of Cookies. For more information, see section 13.
- 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 info@property118.com, or using the contact details below in section 14.
- Our Use of Cookies
- Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
- 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 |
Purpose |
Strictly Necessary |
JSESSIONID |
Used only to collect performance data, with any identifiable data obfuscated |
No |
__cfduid |
This cookie is strictly necessary for Cloudflare's security features and cannot be turned off. |
Yes |
- 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 |
Provider |
Purpose |
__utma, __utmb, __utmc, __utmt, __utmz |
First |
Google |
Helps to understand how their visitors engage with our website |
_fbp |
First |
Facebook |
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
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at info@property118.com, by telephone on 01603 489118, or by post at 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).
- Changes to Our Privacy Policy
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Paul Kaye
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Sign Up10:54 AM, 13th June 2018, About 6 years ago
Tell the tenants you will give the council a very good reference (I think not !)
Chris mccauley
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Sign Up10:54 AM, 13th June 2018, About 6 years ago
I had a similar experience awhile ago. The council are not inclined to rent council houses to applicants who have made themselves diliberataly homeless by not paying their rent. Perhaps advising your tenants of this might encourage them to pay up. Also you must provide all relevant documents if going to court,including valid deposit protection cert. The tenants may at least try to appeal for more Time,but if your paperwork is not in completely in order things can go very wrong. As far as you getting your monies owed,you may win your case, but actually getting your money is another story. I was lucky in that one of the tenants had a regular official job and I managed to eventually get paid via deduction from wages.
TheMaluka
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Sign Up11:06 AM, 13th June 2018, About 6 years ago
To address your last point, tenants can and should be reported on Landlord Referencing, http://www.landlordreferencing.co.uk/
Do your tenants realise that they are unlikely to be offered a council property until the arrears are paid at their current address?
As to the court hearing, take the whole file, either paper or electronic, as you can never tell what the judge will ask for, and in particular have the rent statement and AST instantly available.
Steve Clark
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Sign Up11:44 AM, 13th June 2018, About 6 years ago
I had a similar situation last year and lost £ 3500 approx plus court fees. This ridiculous situation where everything is stacked against the landlord, and what with the changes Osborne made (meaning mortgages can no longer be offset against rent) have made me switch all the properties I own from buy to let to Holiday let.
I can't be the only person who has done this.
The Conservatives need to resolve these problems with Taxation and dodgy tenants getting away with it, otherwise we will all be pulling out of BTL.
Chris @ Possession Friend
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Sign Up12:59 PM, 13th June 2018, About 6 years ago
The most cost-effective Possession and Rent recovery assistance you'll find is - http://www.PossessionFriend.uk
Clint
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Sign Up14:48 PM, 13th June 2018, About 6 years ago
I would fully agree with David Price above regarding court documents. I have carried out many evictions over the years where I represented myself and have had no problems in evicting using section 8 & section 21 notices. I always do the section 8 notices online and fill in the appropriate forms. It has been all very easy until around the last three years where evictions have been more of a nightmare where, tenants who are on benefits are entitled to legal aid.
I think you will find in this respect an extremely unfair system operates where legal aid tenants are represented by both solicitors and barristers who I hate to say, I believe advise the tenants to lie. Further to this, the legal costs of the tenant’s barrister & solicitor get paid irrelevant of whether they win or lose the case. I cannot think of an unfairer system. The whole case is not about whether it is fair to evict the tenant or not but to find loop holes where the landlord who is already owed ridiculous amounts of rent; has to pay huge unsubstantial ludicrous legal fees and highly likely to be forced to lose more in unpaid rent.
My first nightmare case was a case where I served a section 8 notice to joint tenants to vacate where they were on universal credit and they owed me around £6000 as they could not pay the rent as they were from the EU and UC stated that they were not entitled to benefits. The tenants were what I would have said good tenants (until the day of they hearing) and in fact had wanted to leave as they were sympathetic to the fact that they were staying without paying rent and wanted to be evicted so that the council found them accommodation. Prior to explaining what had transpired during this case, I would like to highlight the fact that I had paid around £15,000 in refurbishing the flat.
At Croydon County Court & probably most of the county courts, there are solicitors that give free advice to tenants which is fine however, in my case at the hearing the solicitor represented my tenants and stated that the tenants did not receive the deposit documentation. In respect of the documentation for the section 8, all documents were found to be okay. The judge asked me if I had evidence that the documentation was served to which I said yes but did not have the evidence with me as it is not required for a section 8 notice eviction. The judge agreed with me however, the solicitor argued that if the tenant was not provided with the deposit documentation, the tenant could be awarded 3 times the deposit and costs for disrepair in which case the tenant would not be in arrears. The judge ordered that I sent evidence to the court and the other party & the hearing be adjourned.
I had provided the deposit certificate, the prescribed information and the “information for tenants” leaflet which was all signed by the tenant as received on a date well before the 30-day requirement.
On the day of the second hearing although, there was evidence that the deposit documentation was given to the tenant within the statutory time limits, the barrister representing stated that the prescribed information was not fulfilled in that I did not comply with Paragraph 2(1)(g)(vi) of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 and that there was disrepair which was not attended to. The tenants had not informed me of any disrepair prior to this.
The case ended up being a litigation case where costs have escalated to having cost me around £25,000 however, this I believe was due to a property solicitor I engaged being negligent in not including the deposit documentation in the bundle for the final hearing and I now have a case against the solicitor and his firm.
A very important point to make is that I protect my deposit with MyDeposits where you will find Paragraph 2(1)(g)(vi) stated where MyDeposits cannot help. I have clauses in my tenancy agreement stating when part of or all the deposit will be held. I did not state which clauses should be referred to and I believe that the barrister representing the tenants interpret this to be that the landlord should state which clauses in the tenancy agreement.
I believe at least 90% of landlords do not insert the clauses here as, I spoke to MyDeposits, NLA, other legal advisers & an agent who protects with MyDeposits (the agent manages about 450 properties) regarding having to include the clauses but they all felt it was not necessary. Legal advisors have however stated that it depends on the judge who interprets it at the time. I intended taking the case to the high court had I lost however, my solicitor messed up big time
More recently, I have been on another case (which is still ongoing) where the tenant (who is a nasty person) was more than two moths in arrears and a day before the hearing, I received an email from a solicitor from shelter stating that they were representing the tenant. At the hearing, which was about 20 mins, it was found that I did not complete the particulars of claim form correctly as we were joint landlords & I did not include the other landlord in the form and also the evidence of the email that I had sent (which was agreed to be received by the defendant) serving the section 8 notice or the hand delivered witnessed delivery of the section 8 was not sufficient as I did not fill the appropriate form of evidence in this respect. The judge said he would allow me to amend the documents however, I would have to pay the other party’s costs for the hearing which amounted to over £1600 for the attendance and there are the costs of the solicitor which are yet to be received. I have now appointed counsel (Cost me £450) where he is negotiating to end the case where the tenant leaves within a specified time, I wipe out the debt that the tenant owes and the tenant’s barrister & solicitors costs are also wiped out.
I did not anticipate writing so much however, it may be of assistance to you to know that I now take every possible documentation to court on the day of the hearing including deposit certificates, all correspondence (within reason), all receipts & acknowledges signed by tenants after each repair where they sign to say they are satisfied in order to quash disrepair claims.
I have sent the following to court and defendants for my second hearing of the section 8 case which may be of help to you or may seem over the top but I do feel is necessary:
• Certificate of Service - Section 8 – Email
• Certificate of Service - Section 8 - Post & Hand Delivery
• Grounds for possession - section 8
• Particulars of claim for possession
• Payment history (This is a copy of what is produced online)
• Proof of hand delivery - section 8
• Rent Schedule latest as on date of sending these documents to court
• Rent Schedule on date of hearing
• Rent Schedule sent with section 8 notice
• Section 8 Notice - Email sent to Tenant with section 8 notice
• Section 8 Notice - Form 3
• Tenancy Agreement
It would only be fair if legal aid which is tax payers money is provided and paid where the barrister and solicitor of the tenant is paid only if they win. The current system is not only ridiculous but it is hard to believe that such a system exists.
Steve Clark you are right, this all needs to be resolved or BTL will be dead soon
Cableman53
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Sign Up17:29 PM, 13th June 2018, About 6 years ago
Reply to the comment left by Clint at 13/06/2018 - 14:48
Thanks Clint , that has helped a lot
Jo Ramkissoon
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Sign Up19:52 PM, 13th June 2018, About 6 years ago
Hello
I have very recently used the PCOL service. I attended court (the tenant didn't) and took all the documents with me e.g. Section 21 (mine was hand-delivered and signed for by the tenant), AST, proof of deposit protection and an up to date rent statement. I handed them into the court clerk before the scheduled appointment and the papers were then handed to the judge. He used them to confirm everything was in order and then granted the eviction.
Hope this helps and good luck.
Jo
Clint
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Sign Up22:13 PM, 13th June 2018, About 6 years ago
Reply to the comment left by Jo Ramkissoon at 13/06/2018 - 19:52
I have attended many court hearings for possession over the last twenty years and I don't recall any where I was not given possession when the tenant did not turn up so I don't think there is much to worry about when the tenant does not turn up. Judges don't seem to worry much about the t's being crossed and the i's dotted when the tenants don't turn up
Kwi
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Sign Up18:11 PM, 27th March 2020, About 5 years ago
Hi
I have rented my mother’s house out to 2 x lodgers on my mother’s behalf as she has been hospitalised due to mental medical condition. A lodger agreement was given to them as she was expected to return back in few weeks’ time. However situation had changed and she had to live out for over 1 year. Her belongings were in the house for couple of weeks after the Lodger moved however her majority of belongings had to be moved back in to her temporary accommodation as she was expected to stay there for a longer period. Except her furniture. One of the lodgers has left however the other lodger refusing to leave and refusing to pay the rent now for nearly 4 months. Notice to quite with 28 days issued to the Lodger on 10-12-2020. But the Lodger given no respond neither she vacated the premises. Section 8 notice was issued to her on 08-03-2020 but still refusing to leave. She has been living since Jan 2019. She shares the house with two other individual lodgers and my mother now.
Key points I would like to clarify please
She has a lodger agreement. However my mother (landlord) hasn’t been living at the house since the beginning although my mother has now moved back in on 06-03-20. (Three weeks ago)
- Lodger is challenging that the lodger agreement is invalid as the landlord was not living at the house.
- Lodger hasn’t paid rent for 4 months now
- She has damaged the bedroom door, destroyed the bed and mattress – no explanations were given or money was given to repair even after I issued her notice to pay for the damages or repair the damages that she caused.
- Since then my mother moved back in couple of weeks ago, will this be an issue if I take her to the court ?
- My mother had a couple of arguments with the Lodger (as my mother still go through mental breakdowns and my mother has lost her patience) which the Lodger has recorded on her phone (favourably to her claims) and called the police couple of occasions as harassments.
- She claims that Landlord is not allowed to live at the house and should give her 24 hour notice to before coming to the house – is this applicable?
- Since my mother moved back in the Lodger is bullying her calling her names and swearing at her - can any actions be taken for this ?
- The Lodger has sub let the driveway to someone to park their van and I requested the explanations from Lodger no answers given
- The Lodger is smoking in the house, even that it says on the agreement no smoking in the house, and sometimes she even smokes illegal substance. I put a notice not to smoke in the house but this has been ignored
- The Lodger is bringing visitors to the house, even that it says on the agreement no visitors allowed Notice issued not to bring visitors and its been ignored. My mum is worried for her life as she has severe anxiety.
- How to evict her legally ? Can the section 8 notice will be ignored by court/judge as the tenancy is not Assured tenancy agreement.
- I have issued section 8 on the 08-03-2020 - See below grounds
Below are the exact grounds I have issued her.
• GROUND 8
Under the agreement dated 12 January 2019 the rent is due on Wednesday of each week and has not been paid for over 8 weeks rent and remains outstanding.
• GROUND 10
Under the agreement dated 12 January 2019 the rent is due on Wednesday of each week and has not been paid for over 8 weeks rent and remains outstanding.
• GROUND 11
Under the agreement dated 12 January 2019 the rent is due on Wednesday of each week and has not been paid for over 8 weeks rent. And the rent has persistently delayed in paying rent which has become lawfully due.
• GROUND 13
Under agreement dated 12 January 2019 the Lodger was responsible for keeping the room and property in good condition and for making good any damages or breakages and notify the landlord. The property has been damaged and the Lodger has not complied with a notice by the landlord requiring the Lodger to repair the damage or pay for the reasonable charges for the damages caused.
- On section 8 can I put the – “Your landlord/licensor intends to apply to the court for an order requiring you to give up possession of:” section
the full address or should it identify the room number that the Lodger live at as per the agreement ?
- Assuming section 8 is valid to evict her I have filled the possession claim application online I am not sure I have filled in correctly, would anyone be able to help me with reviewing if I have filed the application correctly please ? As this is the first time I am doing this.
I am really stressed with this matter and I am worried if my mother’s mental condition will deteriorate because of all this issues. Any advice will be much appreciated.
Regards,