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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||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
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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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- 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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- 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
12:13 PM, 25th June 2014, About 9 years ago
It appears from what you have said that you are sharing the home in which you live with this person and on that basis your lodger doesn't have anywhere near as many rights as a tenant would.
You have gone far beyond what would be considered reasonable and you are perfectly within your rights to exclude this person from your home.
Next time he leaves the property you would be perfectly within your rights to bag up his belongings and to leave them on the doorstep with a note.
If your former lodger becomes abusive or intimidating then call the Police immediately.
From what you have said you may well have grounds to seek a injunction in the form of a restraining order which would prevent him from coming within a few hundred metres of you or your property. If you are entitled to legal aid this would cost you nothing and can be arranged by most legal aid solicitors. If you need to fund this privately it is likely to be be far more cost effective to organise this via a Direct Public Access Barrister. I have telephoned Cotswold Barristers to get a price on this and you would be looking at a fixed fee of £750 plus VAT.
If your former lodger was to breach a Court order then you could have him arrested.
Hopefully it will not come to this but I wanted to make you aware of your options.
If you need to contact Cotswold Barristers please see >>> http://www.property118.com/member/?id=1945
This may have been avoided by better referencing and if this hasn't put you off renting altogether I'd be happy to provide some suggestions for future use.
Good luck and please let us know how you get on.
12:20 PM, 25th June 2014, About 9 years ago
if your lodger stays in the property without your permission then he is trespassing, you have the right as Mark says to change the locks and leave his possessions in the street.
if he gets nasty call the police
You could go straight to court for an eviction but this will take time and will cost which you may not be able to recoup from this guy
13:31 PM, 25th June 2014, About 9 years ago
Sorry to hear of your plight.
This man has no legal right to remain in your home now.
You can remove his belongings and leave them outside the house.
It might be best to have a male friend with you when you do this, just in case this man gets abusive.
The sooner he is out, the better is my feeling.
14:08 PM, 25th June 2014, About 9 years ago
You only have to give reasonable notice to a lodger. Reasonable notice depends on what is in your agreement if it is written down, if not what have you agreed verbally ?
If there is nothing to guide you then one month for a monthly rental or a couple of weeks for a weekly rental seems reasonable. Don't be fooled by anything he says, it's calculated to take advantage of your good nature.
If you have given notice and changed the locks then it's over and all he can do is agree when he will collect his stuff. If he causes any dramas or is threatening then call the Police, they will stand by while he gets his things.
Any damages he has done that you can prove or rent arrears can be taken from his deposit. Have the balance ready when he comes to get his kit and a written statement if you have made any deductions. It may be worthwhile to give him all his money back to get rid of him, not really fair to you but sometimes you have to be pragmatic.
9:33 AM, 27th June 2014, About 9 years ago
I had lodger who was causing problems. I called the police for advice and they said give him 3 hours (a reasonable amount of time) If he doesn't leave voluntarily by then call us back and we will remove him from the property. I gave the person this information, gave him til the next day for good measure and he left. Worse case is you get the police to remove him. Lodgers have zero rights. It's your home.
12:32 PM, 27th June 2014, About 9 years ago
I'm sorry to read about this - but as Mark says, this is why it's so important to carefully interview and run references against prospective lodgers. If I had children living in the home, or I had some reason to suspect the lodger could have a criminal record (assuming you didn’t have many lodgers to choose from), I would ask the lodger to do a subject access request with their local police. I have checked with the police and this is perfectly legal.
Please note that although lodgers don't have tenants' Protection From Eviction, contained in the Act, they do NOT have zero rights; they have the rights contained in their agreement, which still must comply with unfair contract terms legislation - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf. However, courts do apply a reasonable person's standard where a lodger's behaviour is so extreme that you couldn't reasonably be expected to put up with it.
I've come across many accounts of the police actually taking the lodger's side, but unfortunately, they're not expected to be knowledgeable about landlord and tenant law and the difference between a tenant and a licensee, which are normally civil matters, though they should intervene if there's likely to be a breach of the peace - perhaps Gary Nock could provide some insight?
As for the lodger's belongings, unfortunately, you're still expected to take care of them (though you can pack them up) but you can't simply dump them outside or dispose of them until you've given the lodger a reasonable time in which to collect, and notified them by recorded delivery as necessary (a legal position known as involuntary bailee). In a situation such as this, you would be advised to hand the items to the lodger from the door - but obviously don't invite him in and change the locks ASAP!
Google “Serving notice and getting rid of problem lodgers” for some reliable guidance on this, and “How to avoid a terrible lodger” before you get your next one; no – most lodgers aren’t like your former lodger and you shouldn’t have to put up with anyone remotely like it!
I wish you best of luck in getting this person out of your life and letting your room in future.
13:20 PM, 27th June 2014, About 9 years ago
Without sounding like a troll I have to disagree on the rights of a lodger. I have had lodgers for over 20 years. I also have a portfolio of properties which I rent out as assured tenancies. Unlike the assured tenancies which have a formal lease for obvious reasons non of my tenants have had a written contract. It's a verbal gentleman agreement on rent and conditions. If they don't like the conditions they are entitled to leave. If I don't like them I am perfectly entitled to ask them to leave as it is my home. I own the lock and keys and I pay the bills. They do not have rights. Having said that in my 20 years I have only asked 2 people to leave. On both occasions it was dueto aggressive behaviour....causedby chasing their rent arrears. The police advised me on both occasions and the lodgers had to leave. I did however give them a reasonable amount of time and I did take care of their possessions.
13:52 PM, 27th June 2014, About 9 years ago
Reply to the comment left by "david manifold" at "27/06/2014 - 13:20":
Rights aren't often exercised, but they do exist >> see the post at this link by Giles Peaker, solicitor with Anthony Gold: http://www.propertytribes.com/why-lenders-wont-allow-room-lets-t-11432-3.html - note where Giles' states: "..even if it is a licence.. relying on 24 hours notice will quite possibly result in a claim for unlawful eviction (and I've run such claims on a two week notice period, successfully)."
In a lodger landlord situation, there is a contract.
English law recognises both a verbal and a written contract, although a written contract is obviously easier to prove or disprove.
A lodger is entitled to take a landlord to the small claims court and claim a refund of rent if they believe they have been evicted without reasonable notice (google "lodger notice periods") - as indeed, so is a landlord where a lodger has caused damage or withheld rent.
15:02 PM, 27th June 2014, About 9 years ago
Reply to the comment left by "david manifold" at "27/06/2014 - 13:20":
Hi David - can you please cite the relevant legislation that states "lodgers have no rights"?
15:13 PM, 27th June 2014, About 9 years ago
There is no legislation for lodgers. Sub tenants are a slightly different matter. I can't imagine anyone allowing a lodger a lock to his room though on any place.
You only have to check out what the shelter website says on this matter. http://england.shelter.org.uk/get_advice/sharing_and_subletting/lodgers.
You can be sure that if there were legislation, shelter would be extremely quick to pick this up as I find this organisation quite anti-landlord.