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:
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- 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.
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- Contacting Us
10:03 AM, 27th April 2018, About 5 years ago
This may help to put some of the Jigsaw together:
FREE Guide To Enforcing Judgments
Also see our FREE guide to evictions and recovering rent arrears >> http://www.property118.com/evicting-tenants-recovering-rent-arrears-guide/70255/
12:03 PM, 27th April 2018, About 5 years ago
You say these tenants know how to work the system and that they clearly have financial means. You further say "if we get another CCJ" etc. No if about it you must get a CCJ for what you are owed. Don't worry about other outstanding CCJ's - not your problem if someone else has got them and not followed up.
Having got your CCJ which will doubtless not be a problem as those who play the system like your tenants don't respond to claims or pay when CCJ against them is the outcome, appoint sheriffs to collect. Debt Collection Bailiffs as seen on TV - "Can't Pay We'll Take it Away" - are excellent.
Don't over complicate the issue investigating second charges on their deposit at current rented property etc.
All you want, and deserve, is rent arrears owing. Above method will achieve it.
I have done likewise twice and in both cases it was a breeze.
21:51 PM, 27th April 2018, About 5 years ago
Actually any debt collector will first assess whether the debtor is worth pursuing and that includes the company you have suggested. In my case I have a very similar scenario to Simon's ie a serial rogue tenant who knew exactly how to manipulate the very indulgent system. She has a slew of CCJ's and an eviction history almost breathtaking in it's continued audacity. Thus far all the top debt collection agencies have refused to assist me citing negligible chance of success. I am owed, presently, almost GBP19 000 in arrears, have a CCJ for this amount and this does not include the costs to refurbish my deliberately trashed apartment after a successful eviction which took six months to finality.
Professional tenants operate on a cash only basis to hide bank accounts. Obviously my tenant has secreted her rental arrears somewhere. They also ensure they rent fully furnished apartments to minimize their own assets and thus minimize the possible attachment thereof.
Evictions and CCJ's do not hinder the "professional" tenant. My request to have the CCJ registered when I returned to court for the eviction order has yet to be registered and that was almost two months ago.
I am investigating "no win no fee" debt collectors as I do not reside in the UK and therefore cannot lodge a money claim on line.
The unpalatable truth about rogue tenants is that the system protects them. And they know it.
22:21 PM, 27th April 2018, About 5 years ago
The problem with this system is only talk about rogue landlord not rogue tenants.
22:59 PM, 27th April 2018, About 5 years ago
Simon's tenants can clearly pay if, I stress if, they are pursued as I suggest. Simon said "They have money coming in from somewhere – apart from the big new house, they still find enough to send one child out of catchment and the other to private school". Anyone with money enough to send a child to a private school can pay.
I just hope he will indeed pursue them.
8:52 AM, 28th April 2018, About 5 years ago
The important bit is to get ccj because that legalises the claim.
I have had very poor experience of the sheriffs are coming so I suggest after you have your ccj you take the option of ‘inspecting their finances’. By law they have to show the court everything- if they don’t show up to the court it’s an offence . Once you know where the money is or how their income is coming in you will know what action you need to get your money.
Because it is such a large amount I suspect citizens advise would suggest bankruptcy?
12:51 PM, 30th April 2018, About 5 years ago
Thanks everyone for your comments and suggestions. Apart from the build up of arrears, we've also had no income during the void period to repair and then re-market the property, so the financial impact on us was greater. Paying out again continues the irritation.
However, I'd not intended that we might not go after them at all - we will obtain a CCJ. However we have plenty of evidence they're immune to the usual debt collection processes, including a high court enforcement agent.
I like the idea to ask them to submit their financial details. The school fees might be paid by a relative, but we would then find out their source of income.
13:20 PM, 30th April 2018, About 5 years ago
Please put them on the Landlord Referencing website which legitimately captures details of errant tenants. Sadly that may not help you, but it could help the next unsuspecting landlord who comes along...
14:14 PM, 30th April 2018, About 5 years ago
Unfortunately not all landlords are aware of Landlord Referencing so all efforts to advertise this excellent site is to be lauded. I know for a fact that the tenant I evicted from my unit is still in the building and has obviously evaded detection once again. The post box to my unit has been deliberately vandalised to enable her to collect her mail. She also did not return her entry and parking fobs. The building managing agents advise that they cannot cancel these fobs on my instruction!
Simon, contact Caridon Landlord Solutions and specifically ask to speak with Sherrelle Collman. She is a veritable institution of guidance in these matters and is a Property 118 member as well. She dispenses advice as a matter of courtesy and will also advise you on the possibility of having the tenant's Housing Benefit paid directly to you in lieu of unpaid rental. The tenant must be exposed to Council/Shelter if she is a benefits recipient and both organisations take a very dim view on cheating tenants.
And finally, also investigate debt collectors who take a percentage of what they attach without cost to you.
14:18 PM, 30th April 2018, About 5 years ago
Simon, I'm glad you will be getting a CCJ. Just how can anyone be "immune" to debt collection. You said the debtors had "money coming in" so there is no reason why some money "coming out" should not go your way.
Don't overlook that enforcement agents are used to this kind of scenario. Come the crunch they will remove goods which may not be worth a lot but when stuff (including vehicles) starts being removed from homes the debtor's mind often crystallizes. Don't forget that before removing goods debtor will be asked if any friends/relatives can help. What about the relative you suspect might be paying school fees?
You might be prepared to accept a small amount initially and so much per month thereafter if agents advise this is best option? Not great but better than nothing for you. If debtor reneges on payments debtor is revisited.
Don't be tempted not to pursue the debtor. You need what you are owed and debtor needs to be taught a lesson that he/she is NOT immune.